Bhagin Technologies is unable to provide refunds for a subscription to a plan which is paid on a monthly basis. However, a subscription may be cancelled at any time. Subscriptions that are cancelled before the next billing period will not be provided a refund for the current billing period. Subscription cancellations will take effect immediately and may result in a loss of data and/or services related to the cancelled subscription.
The System will store your data as long as your account is current and active.
If you remove your data (by deleting a survey, unpublishing a survey, deleting a response, downgrading an account, etc.) or cancel your account, the system will remove your data permanently from the primary database servers immediately.
On a nightly basis, we create a backup of all data in our system, which is retained for 7 days, after which it will be removed permanently from all our systems. This backup is for use by Bhagin Technologies only in the case of disaster recovery or to maintain business operations in the case of an emergency.
We will not accomodate requests for restoring data from our backup systems unless there is data loss due to a system or hardware failure on our part. No Exceptions.
LIMITATION OF LIABILITY
Subject to the provisions in the paragraphs above, you expressly understand and agree that Bhagin Technologies shall not be liable to you or to any third party for:
(a) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; and
(b) any loss or damage which may be incurred by you including, but not limited to loss of damage as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(ii) any changes which Bhagin Technologies may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(iii) the deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services;
(iv) your failure to provide Bhagin Technologies with accurate account information; and
(v) your failure to keep your password or account details secure and confidential.
The limitations on Bhagin Technologies's liability to you in the paragraph above shall apply whether or not Bhagin Technologies has been advised of or should have been aware of the possibility of any such losses arising. In no event shall Bhagin Technologies's entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards the Services.