Terms and Conditions

I. Overview
Our (“Service”, “Website” or “Application”) is a traffic exchange service provided by Brainiers Consultancy Services (“Company”) that provides individuals and businesses access to fast and scalable web hits through our exchanger application. The service includes the web site at www.Brainiers.com (“Website” or “Site”) which has a collection of resources related to Brainiers’ common questions, search engine marketing, search engine optimization, social media marketing, website performance and digital analytics in the knowledge base. The Company may change the Service from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Service.

You may access the Service or Site as a free or paid user (“User” or “Subscriber”). The Company reserves the right to charge fees for upgrades and change the price of any service upgrades associated with the Site or Service at any time without notice.

Brainiers reserves the right to cancel, suspend or block access of Users to the Site or Service at its sole discretion for violation of our terms or for any other reason without notification.

II. Conditions Governing All Users
In no way are we considered an investment to earn money online or a pay-per-click program where users are paid to click on banner ads. We do not payout for your traffic points that you have accumulated from surfing on our network. We only provide commission traffic points that you earn from surfing as well as from referrals that you have collected with your unique referral link. Your traffic points may be used to send visits back to your own websites, blogs, videos, etc.

We cannot be held liable for any content displayed or damages (malicious scripts, viruses, malware and other damages) that might be caused directly or indirectly through the Traffic Exchange system or by utilizing this service.
The Service is available to Users who are human and who are 18 years of age or older.
Users who are Subscribers must be at least 18 years old.
A valid email address must be used for your account.
Users who sign up may receive emails, newsletters and updates from Brainiers.
Users may not impersonate any person, brand or entity on the Site.
Do not add websites to the network that you do not own or have permission to.
You agree to inform Brainiers of any security breach or bugs you encounter from the use of the Service or Site.
You agree to not create multiple accounts to promote your website(s) or bypass account limits (websites slots, surf sessions, etc.).
We are not responsible for the content visible on our Users websites which may have been falsely marked as Safe for Work that includes nudity, violence, pornography or profanity.
We are not responsible for any audio, music or sound that is played from Users websites while you surf on our network. It is the responsibility of the user to mute their devices while surfing.
We do not tolerate profanity or abusive language in any form of contact with us including, but not limited to, emails or support ticket system. Such behavior will result in a warning, followed by suspension and/or termination if the warning is not heeded.
We make no guarantees for the number of hits (results) that will be registered on third-party services and third-party tools.
We make no representation that our traffic will increase sales, ad clicks, rankings, video views, results or conversions. We have no control over our users actions when they are viewing your website. You understand that the traffic we provide comes from users surfing on the traffic exchange and that users may abuse our terms by setting up VPNs or bots to surf.
We are not liable for any problems caused by using our Traffic Exchange to artificially increase your ad impressions or ad clicks. You are responsible for understanding the terms and policies of the ad programs you employ on your web properties.
By using our services, you understand that results may vary and Brainiers does not guarantee that all website hits will reflect in the web analytic tools you use due to factors out of our control. You also understand that sending hits does not mean a new user visiting your website every time. Hits may include returning visitors.

III. Conditions Governing Subscribers
Any User who has purchased an upgrade that is currently active will be referred to as a “Subscriber”. As a Subscriber, you must agree to the payment terms presented here before you subscribe to the Service.

Subscribers are responsible for taking actions prior to the renewal of their subscriptions if the Subscriber does not wish to renew automatically. The Company may not send out future notifications or invoices of your renewal and it is your sole responsibility to check the Billing of your account. Subscriptions recur monthly and can be unsubscribed to from your PayPal account or by going to your Billing (for Stripe orders). You can also request to cancel subscriptions via our support ticketing system.

30-Day Money Back Guarantee Policy. The Company will allow 100% refunds to Subscribers who have purchased upgrades or booster packs within the past 30 days with the exception of:

recurring payments
payments made with promotional codes
bulk order payments (custom packages)
abusing our service(s) which includes:
using more than 80% of your purchased points from upgrades or boosters
using different merchant accounts to purchase for the same Brainiers account
cryptocurrency payments are NON-REFUNDABLE (Bitcoin, Bitcoin Cash, Ethereum, Litecoin, etc.)
The Company reserves the right to refuse refunds or give customers a partial refund after the 30 day period has past.
Any threat of legal action against Brainiers by a client will result in immediate account and service termination without refund.

IV. Acceptable Use Policy
Users are obligated to follow the acceptable use policy regarding User Websites. All websites added to the Service or Site by Users shall be referred to as “User Websites”.

Users assume legal responsibility for all User Websites.
Users agree that no copyright, trademark, privacy rights or other intellectual property rights are being violated by adding the websites to your account via the Site or Service.
Users agree not to add websites that they do not have permission to add on the Site.
Users will not add websites that can harm or transmit viruses/malware/cryptojacking to computers or other devices when visited.
Users agree to mark all User Websites that contains nudity, violence, pornography or profanity as NSFW (Not Safe For Work) in the manage site settings.
Users under the age of 18 are prohibited from using our Site and Service.
Violation of our AUP may result in legal action for damages, issue warnings, website suspensions or the termination/suspension of your account.

V. Service Limitations
Brainiers may have limitations concerning use of Service including by way of example the maximum hits per hour that you set in your account may not be reached due to low network activity during the hour. Brainiers reserves the right to discontinue any of its features or its entire service at any time without notice. You agree that Brainiers will not be liable to you or to any third party for any modification or discontinuation of its features or the Service.

VI. Points
Brainiers offer points to users and subscribers for different activities they partake in. Each point is worth a 10 second hit. For example, a 60 second hit would use up 6 points. By using our exchanger and surfing, you’ll earn points for your account. You may also buy points by upgrading your account, purchasing booster packs for extra points or our promo offers. Points are non-transferable and cannot be traded from one account to another.

By increasing the visit duration of your campaigns, you grant the exchange to consume more points per hit. For example, a 30 second visit will consume 3 points from your available points balance. Results may vary and is not guaranteed to reflect in your analytics tools.

VII. Proprietary Rights
Brainiers respects the intellectual property of others and we ask the Users to do the same. The digital images and graphics found on the Site are copyright to their respective owners.

Users may not modify, reproduce, distribute, publicly display Brainiers’ content in whole or in part unless authorized by Brainiers or its respective owners.

VIII. Digital Millennium Copyright Act
If you believe that images or photos hosted on this website infringes upon any copyright which you own or control, you may send a written notification of such infringement as set forth below:

By email: contact@Brainiers.com

In your notification you must include the following:

Identification of the copyrighted work or works claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information sufficient to permit us to contact the complaining party (e.g. telephone number, an electronic mail address);
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of notice as described above, Brainiers will take the appropriate action at its sole discretion, including removal of the challenged use from the Service or Site.

IX. Liability Limitation
You acknowledge that Brainiers cannot provide the Service at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Site or Service, you agree to limit Brainiers’ potential liability to you as described in this clause.

Brainiers does not:

Guarantee the accuracy, completeness, or usefulness of any information on the Site or Service on the Website.
Adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site.
Brainiers and its partners will not be responsible for any loss or damage resulting from your reliance on information or other content found on the Site.
You hereby agree that you will indemnify Brainiers, its officers, employees and agents, from and against any and all claims, demands, actions, losses, liabilities, costs and expenses arising from any breach or alleged breach of any term, warranty or condition of this agreement, or from any claims of infringement or alleged infringement arising from your access or misuse of the website or violation of our terms of use.

X. Other Clauses
Electronic Form. By accessing the Site or Service, you consent to have this Agreement provided to you in electronic form. Please print this form for your record.

Updates. Brainiers reserves the right to make modifications and updates to the site that may change the appearance or the functionality of the Site entirely without any notifications.

XI. Jurisdiction and Law
These Terms of Use and any dispute that may arise between you and Brainiers shall be governed by and construed in accordance with the Indian Arbitration Act, applicable federal law and the laws of the State of Haryana without giving effect to any choice or conflict of law provision or rule (whether of the State of Haryana or any other jurisdiction).

DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE WEBSITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AGREE TO SETTLE ALL DISPUTES IN CALIFORNIA COURT JURISDICTION. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN 6 MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

XII. Binding Arbitration / Class Action Waiver
In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the Website and/or any products or services purchased from the Website, you and Brainiers agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to contact@Brainiers.com. We will send any notice of dispute to you at the contact information we have for you. You and Brainiers will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in California court jurisdiction. THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC.

To begin an arbitration negotiation, you must send a letter requesting arbitration and describing your claim to us at contact@Brainiers.com with “Arbitration Negotiation” in the subject line.

If you have questions about this agreement, email: contact@Brainiersacademy.com