Terms and Conditions

We, Business Analysis Software Ltd (BAS) run a suite of SEO tools and a link risk management service via a website called Kerboo.com and would love for you to use it. Our service is accessed via a subscription service. Our service is designed to give you as much control and flexibility over which URL’s you analyse. However, be responsible in what you do. We restrict the number of links you can analyse at account level. Whilst upgrades are possible, please read the message telling you how many credits will be used and consider your overall usage at all times. If you find anything on Kerboo that you disagree with, please communicate with us via the form on our contact page.

Terms of Service:
The following terms and conditions govern all use of the Kerboo website and all content, services and products available at or through the website.

The Website is owned and operated by Business Analysis Software (“BAS”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, BAS’s Privacy Policy) and procedures that may be published from time to time on this Site by BAS (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by BAS, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1 – Your Kerboo.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify BAS of any unauthorised uses of your account or any other breaches of security. BAS will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2 – By submitting profiles to BAS for inclusion on your profile, you grant BAS a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of marketing the Kerboo website. Any personally identifying information will be removed prior to this. An example of this is where BAS may release average Kerboo score data.

3 – Without limiting any of those representations or warranties, BAS has the right (though not the obligation) to, in BAS’s sole discretion (i) refuse or remove any profiles that, in BAS’s reasonable opinion, violates any BAS policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in BAS’s sole discretion. BAS will have no obligation to provide a refund of any amounts previously paid.

4 – Payment and Renewal

General Terms.
Paid services via account subscriptions are available on the Website (any such services, a “subscription”). By selecting a subscription, you agree to pay BAS the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an subscription and will cover the use of that service for a monthly or annual subscription period as indicated. Subscription fees are not refundable once a user has logged in and accessed the functionality provided by the software.

Automatic Renewal
Unless you notify BAS before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscription can be canceled at any time via the PayPal interface for online payments and via an email to payments@kerboo.com prior to the renewal date.

5 – Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including text and images, made available through the websites and webpages to which Kerboo.com links, and that link to Kerboo.com. BAS does not have any control over those non-Kerboo websites and webpages, and is not responsible for their contents or their use. By linking to a non-WordPress website or webpage, BAS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BAS disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.

6 – Copyright Infringement and DMCA Policy. As BAS asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Kerboo.com violates your copyright, you are encouraged to notify BAS via the forms on the contact us page. BAS will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BAS will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of BAS or others. In the case of such termination, BAS will have no obligation to provide a refund of any amounts previously paid to BAS.

7 – Intellectual Property. This Agreement does not transfer from BAS to you any BAS or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BAS. BAS, Kerboo, Kerboo.com, the Kerboo.com logo, and all other trademarks, service marks, graphics and logos used in connection with Kerboo.com, or the Website are trademarks or registered trademarks of BAS or BAS’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BAS or third-party trademarks.

8 – Advertisements. BAS reserves the right to display advertisements on your account.

9 – Changes. BAS reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BAS may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

10 – Termination. BAS may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Kerboo.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11 – Disclaimer of Warranties. The Website is provided “as is”. BAS and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither BAS nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

12 – Limitation of Liability. In no event will BAS, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to BAS under this agreement during the twelve (12) month period prior to the cause of action. BAS shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13 – General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the BAS Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

14 – Indemnification. You agree to indemnify and hold harmless BAS, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

15 – Miscellaneous. This Agreement constitutes the entire agreement between BAS and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of BAS, or by the posting by BAS of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in the United Kingdom. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BAS may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.