Legal Things

By using the Basin website located athttps://usebasin.com(the "Site") (collectively, the "Service"). you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Basin("we", "us", or "our") reserves the right to update and change the Terms of Service from time to time at our discretion without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms listed below will result in the termination of your Account. While we prohibit such conduct and Content on the Service, you understand and agree that Basin cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted and will be terminated.
3. You must provide a valid email address and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. Basin cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account.
6. One person or legal entity may not maintain more than one free account.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Customers may access their Basin account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Basin, is bound by the terms of this agreement plus the following specific terms:

You expressly understand and agree that Basin shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Basin has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API. Abuse or excessively frequent requests to Basin via the API may result in the temporary or permanent suspension of your account’s access to the API. Basin, in its sole discretion, will determine abuse or excessive usage of the API. Basin will make a reasonable attempt via email to warn the account owner prior to suspension.

Basin reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

All paid plans must enter a valid credit card. Free accounts are not required to provide credit card details. An upgrade from the free plan to any paying plan will immediately bill you, unless a coupon code granting free usage for a period of time is used during the upgrade process.

The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Basin does not accept any liability for such loss.

All subscription plans include an agreed upon amount of monthly submissions. Both yearly and monthly plans will have submission usage tracked monthly and overages billed monthly. Overages will be billed according to the submissions overages table on the pricing page. The free plan will limit functionality once the monthly limit is reached.

Basin, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Basin reserves the right to refuse service to anyone for any reason at any time.

Basin reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly or yearly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Basin Site (usebasin.com) or the Service itself. Basin shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. Basin does not pre-screen Content, but Basin and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

When you or our automated systems mark a submission as spam, the content of that submission is logged in our spam reporting system. This spam-flagged data is retained long-term and used to train and improve our spam detection models. Because you, as the data controller, have indicated this content to be unwanted junk, it is not treated as personally identifiable customer information. By using the Service, you acknowledge and agree that spam-flagged submission data may be retained indefinitely for this purpose, even after the original submission or your account is deleted. Spam report logs are included in the scope of any GDPR or PII deletion request.

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders and is only available via email. You understand that Basin uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. There are no guarantees on support response time or availability.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Basin.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Basin customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Basin) of other Basin customers, we reserve the right to immediately disable your account or throttle your hosting until you can reduce your bandwidth consumption.

Basin may limit certain features on trialing accounts (ie. sending emails) that cost Basin money until your first payment is processed successfully.

The failure of Basin to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Basin and govern your use of the Service, superceding any prior agreements between you and Basin (including, but not limited to, any prior versions of the Terms of Service).

You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Service. Without limiting the foregoing, you agree not to use the Service to:

1. Collect personal data without a lawful basis or appropriate consent.
2. Create or distribute phishing forms, malware, or any form of deceptive content.
3. Conduct spam campaigns, including the collection of email addresses for unsolicited messaging.
4. Scrape, harvest, or otherwise collect personal data from third parties without authorization.
5. Facilitate illegal data collection or processing in any jurisdiction.
6. Modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
7. Upload, post, host, or transmit unsolicited email, SMSs, or spam messages.
8. Transmit any worms or viruses or any code of a destructive nature.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Basin reserves the right to suspend or terminate any account that violates this acceptable use policy without prior notice.

You, as the customer, act as the data controller for any personal data submitted through forms using the Service. Basin acts as a data processor and processes such data solely on behalf of the customer and in accordance with the customer's instructions. You are responsible for ensuring that your collection and use of data through the Service complies with all applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the Personal Information Protection and Electronic Documents Act (PIPEDA).

Customers are responsible for maintaining their own backups of submission data. While Basin takes reasonable measures to protect the integrity of stored data, Basin does not guarantee that submissions will never be lost, corrupted, or become otherwise unavailable. You acknowledge that Basin shall not be liable for any loss of or damage to your data.

You agree to indemnify, defend, and hold harmless Basin, its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Service, your violation of these Terms of Service, or the content you collect, process, or transmit through the Service. This indemnification obligation shall survive the termination of your account and these Terms of Service.

You expressly understand and agree that Basin shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Basin has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

To the maximum extent permitted by applicable law, Basin's total aggregate liability arising out of or relating to these Terms of Service or the Service shall not exceed the total fees paid by you to Basin during the twelve (12) months immediately preceding the event giving rise to the claim. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and even if Basin has been advised of the possibility of such damages.

Basin shall not be liable for any delay or failure to perform any obligation under these Terms of Service where the delay or failure results from any cause beyond Basin's reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, pandemic, labor disputes, government actions, internet or telecommunications failures, power outages, or failures of third-party infrastructure providers such as cloud hosting or content delivery networks.

Basin does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

Basin does not guarantee any specific level of service uptime or availability unless expressly stated in a separate written agreement. Basin will use commercially reasonable efforts to maintain the availability of the Service, but you acknowledge that the Service may be subject to interruptions, including for maintenance, upgrades, or circumstances beyond Basin's control.

These Terms of Service shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the Province of British Columbia for the resolution of any disputes arising out of or relating to these Terms of Service or the Service.

Moonshot Ventures Inc.
30060 Harris Rd
Abbotsford BC V4X 1V6
Canada

If you have any questions about these Terms of Service, please contactsupport@usebasin.com.