Burst Commerce Burst Commerce

Terms of Service

7 min read
updated Nov 11 2024

When you use any Brainy Atom LLC products or services, you are agreeing to these latest Terms of Service (“Terms”). Violation of these terms may, at our discretion, result is us terminating your account.

We may update these Terms of Service at any time. If we make significant changes, we will refresh the date at the top of this page.

Definitions

“Company”, “we”, “our”, or “us” in any of our policies or terms, refers to Brainy Atom LLC.

“Services” refers to our websites, including burstcommerce.com, and any product created and maintained by Brainy Atom LLC. That includes Flair and Best Seller Insights.

Finally, “you” or “your” refers to the people or organizations that own an account with one or more of our Services.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security.
  2. You may not use the Services for any purpose outlined in our Restricted Purposes and you may not permit any of your users to do so, either.
  3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Restricted Purposes

When you use any of our products, you agree not to:

  • Use the products to break any laws or regulations.
  • Gather or use information from accounts that aren’t yours.
  • Attempt to deceive us or other users by making false reports or pretending to be someone else.
  • Bypass or interfere with the security features of the products.
  • Overload or disrupt any configuration or operations of the products.
  • Send or try to send viruses or any malware, or add tracking tools like web bugs and cookies to the products.
  • Harass or threaten other users, or any of our employees.
  • Speak ill of or damage, in our view, us or the products.

In addition to the above, we reserve the right to suspend or cancel any account, at any time, without notice.

Payment, Refunds, and Plan Changes

  1. All app charges are handled via Shopify, unless otherwise specified. See the Shopify App Charge guide for details.
  2. During a free trial, you may change plans at anytime for free. Changes to monthly plans will result in a prorated charge or credit based on the difference in price. Changes to annual plans will be deferred and applied at the end of the current billing cycle.
  3. We process refunds according to our Refund Policy.
  4. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our Cancellation Policy for more details.

Refund Policy

We issue refunds on a case-by-case basis.

Examples of full refunds we’d grant:

  • If you were just charged for your next month of service but you meant to cancel, we’re happy to refund that extra charge.
  • If you tried one of our products for a month and you just weren’t happy with it, you can have your money back.

Examples of partial refunds or credits we’d grant:

  • If you forgot to cancel your account, we’ll issue you a refund of up to 2 months depending on the circumstances.
  • If you upgraded your account but you didn’t end up using the extra features, we’d consider applying a prorated credit towards future months for up to 2 months of the additional charges.
  • If we had extended downtime (multiple hours in a day, or multiple days in a month), we’d issue a partial credit to your account.

Cancellation and Termination

  • You are solely responsible for properly canceling your account. You can cancel your account by uninstalling the app in your Shopify admin. For more details visit the Shopify App Uninstall guide. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team.

  • All of your content will be inaccessible from the Services immediately upon account cancellation.

  • If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Refund Policy for more details.

  • We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the deletion of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time, including, but not limited to violations of our Restricted Purposes.

  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  • We make every effort to maintain backwards-compatibility with our Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  • Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

  • Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements, but do take uptime of our applications seriously.
  • We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. We’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  • We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
  • You agree that Brainy Atom may process your data as described in our Privacy Policy and for no other purpose.
  • We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Copyright and Content Ownership

  • All content posted on the Services must comply with U.S. copyright law. We provide details on how to file a copyright infringement claim.
  • You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
  • We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  • The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Liability

You agree that the Company is not liable to you or to any third party for damages of any kind that result from the use of the Services, in ability to access data, or unauthorized access of your data or account. The Company is also not liable for damages of any kind related to actions of any third party that uses the Services, or any other consequences related to the Terms or Services.

If you have a question about any of these Terms, please contact our Support team.