1. Acceptance of Terms
By accessing or using Breaker Technologies, Inc.’s websites, applications, and services (collectively, the “Services,” "Breaker"), you (“Customer,” “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Services.
2. Eligibility and Authority
You must be at least 18 years old or legally authorized to enter into contracts. If using the Services on behalf of an organization, you represent that the organization is accepting these Terms and will be responsible for your use.
3. Accounts and Security
You must register to use certain Services. Keep your credentials secure, and promptly notify us if you suspect unauthorized access.
4. Privacy
Our Privacy Policy explains how Breaker collects, uses, and discloses your information and is incorporated herein by reference.
5. Services and License
- Breaker grant you a non-exclusive, non-transferable license to use our Services.
- You retain ownership of content and information you submit (“Customer Content”), but grant Breaker a worldwide license to use it for the express purpose of providing and improving the Services.
- You are responsible for all Customer Content and ensuring you have the rights and consents needed.
6. Acceptable Use
You agree not to:
- Use the Services for spam, illegal, deceptive, fraudulent, or harassing purposes.
- Violate any laws, including data protection or export controls.
- Reverse-engineer, bypass security, scrape, or misuse the Services.
- Use the Services to transmit viruses, malware, or other harmful content.
- Violate intellectual property rights or privacy rights.
Breaker may suspend or terminate accounts for violations in its discretion and, where deemed necessary, notify or disclose information to relevant authorities.
If you are aware of platform abuse in violation of these terms, relevant laws, or your conscience, please notify breaker immediately by contacting report@breaker.email
7. Email and Anti‑Spam Compliance
- All use of this platform must be permission‑based or otherwise comply with laws that apply to your use such as CAN‑SPAM, GDPR, CASL, LGDP.
- You are solely responsible for obtaining consent from recipients and honoring opt‑out requests promptly.
- You agree to abide by legal requirements, including accurate sender identification, unsubscribe mechanisms, and compliance with applicable marketing and communication laws.
- You acknowledge that Breaker is not the “sender” as defined in the CAN-SPAM Act or similar applicable law.
8. Fees, Billing, and Refunds
- The Services are provided on a subscription, usage-based model. Fees are due and payable as specified in your order.
- Subscription renewals occur automatically until canceled by you or terminated by us.
- No refunds except as expressly stated.
9. Termination
- You may cancel your account at any time.
- Breaker may suspend or terminate access with notice or immediately, particularly for legal or policy violations.
- Upon termination, your access ends; Breaker may delete your data.
10. Intellectual Property
- You retain rights to your Customer Content.
- Breaker retains exclusive rights to the Services, trademarks, software, and content not provided by you..
11. Third‑Party Services
If you integrate Breaker with third-party tools, you are responsible for complying with those providers’ terms. We do not warrant or endorse third-party services.
12. Feedback
Feedback you provide is voluntary and becomes Breaker’s property, royalty-free, for any use.
13. Warranties and Disclaimers
- Services are provided “AS IS” and “AS AVAILABLE.”
- Breaker disclaims implied warranties (e.g. merchantability, fitness for a particular purpose).
- Breaker does not guarantee error-free or uninterrupted operation.
14. Limitation of Liability
- Breaker is not liable for indirect, incidental, special, consequential damages, or lost profits.
- Our total liability is limited to fees paid in the preceding 3 months (or lower if required by law).
15. Indemnification
You agree to indemnify and hold Breaker harmless from claims arising from your use of the Services, Customer Content, or breach of these Terms .
16. Dispute Resolution
- You and Breaker agree to resolve all disputes via arbitration.
- You may opt out of arbitration within 30 days of account registration by sending a written notice.
17. Governing Law and Venue
These Terms shall be governed by the laws of Delaware.
18. Export Controls and Sanctions
You represent that you are not in a sanctioned country and will comply with U.S. export control and trade sanctions laws.
19. Changes to Terms
We may modify these Terms at our discretion by updating the “Last Updated” date. Continued use constitutes acceptance of the changes.
20. Miscellaneous
- Entire agreement: These Terms and any Order represent the complete agreement between you and Breaker.
- Severability: If any provision is invalid, it does not affect the rest.
- No waiver: Failure to enforce a provision is not a waiver.
- Assignment: You may not assign without prior written consent.