Terms of Service

Welcome to Backchannels ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Services.

1. Use of the Services

1.1 Eligibility

You must be at least 18 years old and capable of forming a binding contract under applicable law to use our Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

1.2 Account Registration

Some features of our Services may require creating an account. When you create an account, you agree to:

• Provide accurate, complete, and up-to-date information
• Maintain the security and confidentiality of your account credentials
• Promptly update your information if it changes
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

1.3 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any system, network, or data
• Interfere with, disrupt, or place an undue burden on the Services
• Reverse engineer, decompile, or otherwise extract source code from our software unless expressly permitted by law
• Use automated systems (bots, scrapers, etc.) to access the Services without permission
• Transmit viruses, malware, or other harmful code
• Harvest or collect user information without consent
• Impersonate any person or entity, or misrepresent your affiliation
• Use the Services to send unsolicited communications (spam)
• Circumvent any security measures or access controls

2. Intellectual Property

All content, trademarks, logos, service marks, software, and materials available through the Services are owned by Backchannels or its licensors and are protected by intellectual property laws.

You may not:

• Reproduce, distribute, or publicly display any content without our prior written consent
• Create derivative works based on our content or materials
• Use our trademarks or branding without authorization
• Remove any copyright, trademark, or other proprietary notices

We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes, subject to these Terms.

3. Subscriptions, Fees, and Payments

Certain features of our Services require a paid subscription. By subscribing to paid Services, you agree to the following:

3.1 Payment Terms

• You agree to pay all applicable fees for your selected subscription plan
• All fees are stated in U.S. dollars unless otherwise specified
• Payment is due at the beginning of each billing period
• You authorize us to charge your payment method for recurring subscriptions

3.2 Credits

Our Services use a credit-based system for unlocking contact information. Credits are:

• Non-refundable once purchased
• Non-transferable between accounts
• Subject to expiration based on your plan terms

3.3 Refunds

Fees are generally non-refundable unless required by applicable law. If you believe you are entitled to a refund, please contact our support team at info@backchannels.co.

3.4 Price Changes

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice before any price changes take effect for existing subscribers.

4. Third-Party Services

Our Services may integrate with or contain links to third-party products, services, or websites, including but not limited to:

• CRM platforms (HubSpot, Salesforce)
• Payment processors
• Analytics services
• Social media platforms

We are not responsible for third-party content, privacy practices, or actions. Your use of such services is governed by their respective terms and policies. We encourage you to review their terms before using any third-party services.

5. Privacy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to our collection and use of data as described in the Privacy Policy.

Please review our Privacy Policy for more information.

6. User Content and Data

6.1 Your Data

You retain ownership of any data you upload, import, or create using the Services ("Your Data"). By using the Services, you grant us a limited license to use Your Data solely to provide and improve the Services.

6.2 Acceptable Use

You are responsible for ensuring that Your Data and your use of the Services complies with all applicable laws, including data protection and privacy laws. You agree not to upload or share any content that is illegal, harmful, or violates the rights of others.

6.3 Data Accuracy

While we strive to provide accurate contact information, we do not guarantee the accuracy, completeness, or reliability of any data provided through the Services. You are responsible for verifying information before use.

7. Termination

7.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Your access will continue until the end of your current billing period.

7.2 Termination by Us

We may suspend or terminate your access to the Services at any time, with or without cause or notice, if we believe:

• You have violated these Terms
• Your use poses a security risk or may harm other users
• Your account has been inactive for an extended period
• We are required to do so by law

7.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. We may delete your account data, although some information may be retained as required by law or for legitimate business purposes.

8. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

We do not warrant that the Services will meet your requirements or that any errors will be corrected. Your use of the Services is at your sole risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACKCHANNELs AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Service interruption or system failure
• Cost of substitute services
• Any damages arising from your use of the Services

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Backchannels and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws
• Any content you submit or transmit through the Services

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. Any legal action or proceeding relating to these Terms shall be brought exclusively in the federal or state courts located in Delaware.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@gobackchannel.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, except where prohibited by law.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Backchannels regarding your use of the Services.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or for legal, operational, or regulatory reasons. When we make changes, we will:

• Revise the "Effective Date" at the top of this page
• Notify you via email or through the Services for material changes
• Post the updated Terms on our website

Your continued use of the Services after changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services.

15. Contact Us

If you have questions, concerns, or feedback regarding these Terms of Service, please contact us: