Refunds & Cancellation Policy
Our contract with You
If you register to create an account (“Account”) with us online, we will send you an email to confirm that registration. Our contract with you (“Contract”) is formed when we send this email and is comprised of:
- your online verification detailing your chosen subscription package and where these Terms are accepted (“Registration Page”);
- our email confirmation; and
Please note we reserve the right at our discretion to reject applications to use our Service.The Contract will run on either a monthly or annual subscription basis (as set out in the Registration Page or Registration Confirmation) unless you have registered on a free trial basis, in which case the Contract is for the fixed period of the trial.
Free plan use
When you have signed up to use our Service on a free plan basis, these Terms will apply to you, with the exception of the ‘Payment’ section below.
Renewal of Accounts
For month to month Contracts, the initial subscription term is one month. Your Contract will automatically renew for successive periods of one month after the initial subscription term, unless you cancel the Contract before the end of this period (or before the end of the current renewal period).
For annual Contracts, the initial subscription term is one year. Your Contract will automatically renew for successive periods of one year, unless you cancel the Contract before the end of the initial subscription term (or before the end of the current renewal period).
Changing your Subscription Package
You can upgrade the subscription package of your Contract at any time through your user account options. This includes the ability to change from a monthly to an annual subscription package. Any change in price will automatically be applied to your Account.
You can also downgrade your annual subscription package of your Contract through your user account options, however the change to your subscription package will only take effect at the end of the initial subscription term (or current renewal period). Any change in price will automatically be applied to your Account.
You can choose to stop the Service at any time by cancelling your Contract through your user account options, in which case your Contract will expire at the end of the initial subscription term or current renewal period (as applicable). No further subscription fees will be charged but we shall not be obliged to refund any fees paid.
Right to Terminate
We shall be entitled to terminate the Contract at any time if you are in material breach of the Contract (e.g. fail to pay subscription fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Contract if you become insolvent. Where we terminate the Contract due to your breach or insolvency we shall not be obliged to refund any subscription fees you may have paid us.
These rights of termination will also apply to you against us. You may terminate the Contract due to our insolvency or our material breach of the Contract (where we have not remedied the breach within 30 days of your written notification to do so, or the breach is not capable of being remedied), then you shall be entitled to a refund of any fees paid for services which have not been performed.
A subscription fee is due in advance for use of the Service (i.e. monthly in advance for month to month Contracts, and annually in advance for annual Contracts) and is non-refundable. The subscription fee will be detailed in your Registration Page or Registration Confirmation (as applicable). It will be clear before you purchase any Service whether VAT or other applicable taxes are included in the price or still to be added.
If you have a subscription, you must provide us with valid, up-to-date and complete credit card (or similar card) details and you authorize us to bill such card on or after the first day of your initial subscription term, and thereafter on or after the first day of each subsequent renewal period.
Payment by credit card (or similar card) will be processed via a trusted third party payment provider. Where your card payment is not successful, or where you have failed to make payment of our invoice on the due date for payment, we will contact you and suspend access to your Account until payment has been made. We shall be entitled to increase our subscription fees upon 14 days’ prior notice to you, but not more than once during any 12 month period during the Contract.
Please note that you are not entitled to a refund of subscription fees paid to us unless you terminate the Contract because of our material breach or insolvency in accordance with the ‘Our contract with you’ section above.
You may see the payment come through as Brave Factor, our legal identity. GatherKit is a product of Brave Factor, LLC, a limited liability company incorporated in the United States. Our registered office is 30 N Gould St, STE 4000, Sheridan, WY 82801.
These Terms of Service are governed by and construed in accordance with the laws of Wyoming. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.