Taking into account the possibility to try the Earning Builder Software for free within the trial period, a refund is not granted after you have obtained access to the Earning Builder Software. However, Earning Builder reserves the right to review every inquiry on a case-by-case basis.
Earning Builder will NOT offer a refund if:
- Earning Builder has a reasonable suspicion your Client Account has been used for fraudulent activity;
- Earning Builder is required by law to suspend any financial transactions associated with your Client Account;
- you have violated the Terms;
- if the Earning Builder Software was unavailable for the technical reasons with prior notification sent to you via email or displayed to you at the Website or Earning Builder Software.
- the payment was made more than ninety (90) calendar days ago.
Earning Builder WILL offer a full refund if:
- You were not granted access to the Earning Builder Software, or your subscription was not activated within twenty-four (24) hours after full payment was successfully received due to any technical reasons under Earning Builder responsibility;
- The payment was erroneously made more than once within Earning Builder’s control: (a) for any services with identical functionalities, and (b) for the same period of use, and (c) the time interval between repeated payment transactions is beyond ten (10) minutes.
To receive a refund, ensure you send your request within twenty-four (24) hours after the original payment were made.
Earning Builder WILL offer a partial refund if:
- You erroneously chose a longer subscription period (for instance: 3 months rather than 1 month subscription). In such a situation, your refund will be prorated, and any discounts that were applied when you subscribed to the Earning Builder Software will be subtracted from the amount Earning Builder owes you. Earning Builder will account for partial months in our refund calculation.
- The Earning Builder Software was unavailable for a consecutive three (3) hour period due to technical reasons within Earning Builder’s control, and without any prior notification to you (an “Outage”). In such a situation, your refund will be calculated as 1/30 of the monthly subscription fee you paid in the month when the Outages happened for every calendar day when such incidents occurred.
- You haven’t used the Earning Builder Software (including visiting of website,launching of the Earning Builder Software, making requests via API, etc. with your Earning Builder Account details) for several last consecutive periods of the subscription. In such a case, the refundable amount is the unused pre-paid amount (excluding current period), and any discounts that applied when you subscribed to the Earning Builder Software will be subtracted from the amount Earning Builder owes you.
To receive a partial refund, requests must be submitted within twenty-four (24) hours after the original payment was made and the Outage was eliminated.
In case you've received the right for a refund please note that all tax amounts, that Earning Builder has automatically accrued and paid in line with applicable law of jurisdiction you established, are to be excluded from the refundable amount. In any case, you have no right to claim refunds of any paid by Earning Builder taxable amounts.
Earning Builder is not responsible for any fees that may be applied by your payment service provider when processing a refund.
Availability of Services, Suspension and Termination
Subject to these Terms, Earning Builder shall use commercially reasonable efforts to provide the Earning Builder Software in any manner that will not disrupt your use of the services. You agree that from time-to-time, the Earning Builder Software may be inaccessible or inoperable for whatsoever reasons including: (i) equipment malfunctions; (ii) periodic maintenance or repairs; or (iii) causes beyond the reasonable control of Earning Builder, or that are reasonably unforeseeable by Earning Builder, including the network congestion, any telecommunication or digital transmission link interruption or failure, malicious network attacks, or other failures. You agree that Earning Builder is not liable for interruptions to the availability of the Earning Builder Software and acknowledge that Earning Builder does not guarantee access to the Earning Builder Software on a continuous and uninterrupted basis.
Earning Builder may suspend or terminate any Earning Builder Account, and/or suspend or terminate the Earning Builder Software at any time, based on sole discretion, without any notice to you or any liability for doing so.
Earning Builder is not responsible for any support or maintenance regarding the
Website or Software. Earning Builder may – at its own discretion – modify the Website or Software and their functionalities at any time to enhance the user experience. Earning Builder is not responsible for any downtime due to these actions.
To the maximum level permitted by applicable law, Earning Builder hereby disclaims all implied warranties regarding the availability of the Website and Software.
The Earning Builder Software may include links to certain services from/by third parties, including advertisers and other content providers. Earning Builder has no control over such linked services, and we are not responsible for their content, functionality, or legality. Such third parties may collect data or request for personal information from you; Earning Builder is in no way responsible for the collection, usage or disclosure of any information such services may collect. Linking to any other services or sites from the Earning Builder Software is entirely at your own risk.
Earning Builder’ IP Rights
All copyright, trademarks, rights, patents, and any other intellectual property rights in and on the Earning Builder Software and all content (including all applications and materials) located on or available through the Earning Builder Software shall remain vested in Earning Builder.
You must not copy, disassemble, reproduce, republish, decompile, download, post, broadcast, transmit, reverse engineer, make available to the public, or otherwise use Earning Builder content in any manner except for personal non-commercial usage. Also, you agree not to adapt, alter, or make a derivative work from any Earning Builder content except for personal, non-commercial usage. Any other use of Earning Builder content requires the prior written permission of Earning Builder.
Except as expressly permitted here, you may not use Earning Builder’s name, trademarks, service marks or any other IP Right of Earning Builder in any manner whatsoever to suggest association or affiliation with or endorsement by Earning Builder without the express prior written consent of Earning Builder, which Earning Builder may withhold at its sole discretion.
The names, images, and logos identifying Earning Builder or third-parties as well as their products and/or services are subject to copyright and trademarks of Earning Builder and/or third parties. Nothing contained in these Terms shall be seen as conferring any license or right to use any trademark or copyright of Earning Builder or any other third party.
Feedback and User Content
You agree that User feedback benefits the Earning Builder Software, all Users, and the efficiency of the Earning Builder Software and you specifically request that Earning Builder posts feedback on the Website and anywhere else based on Earning Builder’s discretion.
Earning Builder does not generally investigate any User Content for accuracy or reliability. Also, Earning Builder does not guarantee that User Content is accurate or reliable You are solely responsible for your User Content, and are entirely responsible for any legal action that may be implemented by other Users or third parties due to or in line with your User Content. Earning Builder is not legally responsible for any feedback or comments posted or made available on the Earning Builder Software.
To maintain the integrity and operations of the feedback system and protect Users from any abuse, Earning Builder reserves the right (but is under no form of obligation) to remove posted feedback or information that, in Earning Builder’s sole judgment, violates the Terms or negatively affects the Earning Builder Software, depreciates the integrity of the feedback scheme or otherwise is not in consistent with the business interests of Earning Builder. You agree that you will notify Earning Builder of any error or inaccurate statement in your feedback, and that if you do not do so, Earning Builder may rely on the accuracy of such information.
If a third party makes any demand or complaint or initiates any action or files any claim whatsoever (a “Claim”) in line with your use or abuse of the Earning Builder Software, including your activities to promote, offer and/or sell a product or service, you shall defend, indemnify and hold harmless Earning Builder, its related parties, and affiliates, and its directors,officers, heirs, employees, agent’s representatives, licensors, attorneys, successors, and assignees (each, a “Earning Builder Party”; and collectively, the “Earning Builder Parties”), from and against all forms of damages, liabilities, claims or costs (including the costs of investigation, litigation, defense and reasonable attorneys’ fees and costs) (“Losses”) incurred by any Earning Builder Party owing to such Claim, regardless of whether such Losses are incidental, direct, punitive, consequential, or statutory.
Limitation of Liability
In no event shall any Earning Builder party, or its heirs, assigns and successors, be liable for any indirect, incidental, punitive, special, or consequential damages whatsoever arising out of, resulting from, or in line with these Terms and/or any (a) use of or inability to use the Earning Builder Software, (b) any personal injury, property damage, or loss of any sort, due to your access to or use of the Earning Builder Software, (c) unauthorized access to or usage of any personal information and/or financial information stored there, (d) interruption or termination of transmission to or from the Earning Builder Software, and/or (e) bugs, viruses, Trojan horses, or the likes, which may be conveyed to or via the Earning Builder Software, whether or not Earning Builder is advised of the possibility of any such damages. Regardless of anything here to the contrary, the maximum cumulative and aggregate liability of Earning Builder for all damages, costs, or losses from claims arising under or regarding these Terms, whether in contract, tort or otherwise, shall not exceed the amount equal to the total amounts due and payable by Earning Builder to you under these Terms for the month immediately preceding the date upon which such damages accumulate.