These are the terms you agree to when you take a site from Directory Brain. They are written to be read, not to be got past.
The short version: we build and look after a directory website for you, you pay monthly or yearly, and you can stop whenever you like. What you put on your site is yours and stays yours. If you stop paying, the site is paused before anything is deleted, and we tell you before that happens.
The sections below are the detail. Where a number appears here, it is the number the system actually uses.
1. Who you are dealing with
DirectoryBrain is a service of Keltikos Software Ltd, registered in Cyprus, company number HE 496195, registered office Onisiforou Center, Floor 2, Neofytou Nikolaidi & Theodorou Kolokotroni, Agios Theodoros, 8011 Paphos, Cyprus. "We" and "us" mean that company; "you" means the person or organisation with the account.
These terms and the privacy policy are the whole agreement between us about the service. Where they overlap, the privacy policy governs anything about personal data.
2. What we provide
A directory website, built for you, on an address we provide, with the software already set up. We keep it updated, back it up, hold its certificate and keep it running. There is no server for you to administer and no installation for you to do.
You can attach your own domain name to it at any time. You must own or control that domain; we will not attach one you are not entitled to use.
You get administrator access to your own site and can change it however you like, within section 8.
3. Your account
We do not use passwords. You sign in by asking for a link, which we email to your address and which works once. Anyone who can read your email can therefore get into your account, so keep that mailbox secure and tell us at once if you think someone else has it.
You are responsible for what is done through your account, and for anyone you invite into it.
One account may have up to three sites. It is not a commercial cap so much as a limit on surprises; if you need more, ask us and we will usually say yes.
4. The free trial
Every plan starts with a 15-day free trial, and we do not ask for a card to begin it. Your site is real from the first minute: it is the same site you keep if you carry on.
If you add a card during the trial, the first payment is taken when the trial ends and the subscription continues from there.
If you do not add a card, the subscription simply ends when the trial does. Nothing is charged, there is nothing to cancel, and your site is then treated as described in section 7. We email you before that happens, at the address on the account.
5. Paying
Prices are shown before you subscribe and are confirmed at checkout. The price you see at checkout is the price charged: if a plan's price changes later, you keep the price you signed up on until you change plan yourself.
Payments are handled by Stripe. We never see or store your card details. Subscriptions renew automatically, monthly or yearly as you chose, until you cancel.
You can change plan at any time from the billing screen. Moving up or down takes effect straight away and the difference is settled on your next invoice. Changing plan during a free trial does not end the trial or charge anything early.
If a payment fails, Stripe retries it over the following days. If it keeps failing, section 7 applies.
6. Cancelling
You can cancel at any time, yourself, from the billing screen. You do not have to ask us and we will not make you speak to anyone.
Cancelling stops the next renewal. Your site keeps working until the end of the period you have already paid for, and is then treated as described in section 7. We do not refund part of a period you have already used.
If you are a consumer, nothing here affects the statutory rights you have where you live, including any right to withdraw from a contract shortly after entering it. If you believe you are entitled to a refund, write to us and we will look at it properly.
7. What happens when a subscription ends
Nothing is deleted the moment you stop paying. There are two stages, and you are told before each.
- Paused. The site stops serving visitors. Everything on it is still there, and paying again brings it straight back.
- Deleted. A site that has been paused for 14 days may be deleted, along with its database and its backups. After that we cannot bring it back.
So the practical position is that you have at least a fortnight after a site is paused to change your mind or take a copy of your data. If you want an export, ask before the fortnight is up and we will help.
8. What you put on your site
Your content is yours. We claim no ownership of your listings, text, images or member data. We store and serve them because that is what hosting is, and for no other purpose.
You are responsible for what is on your site, including anything your members add. In data protection terms, for the people who use your directory you are the controller and we are your processor. The privacy policy sets that out in full, and it means the obligations to your members are yours.
You must not use the service for anything unlawful, and you must not use it to publish material that infringes somebody else's rights, to send unsolicited bulk email, to host malware or phishing pages, or to attack anyone. If you are unsure whether something is allowed, ask first.
Suspected abuse can be reported to abuse@dirbrainmail.com.
9. Email your site sends
Your site can send email - registration confirmations, notifications and so on - through an account we provide. That account is for your site's own transactional messages.
Sending unsolicited bulk email through it is not allowed, and because a sending reputation is shared infrastructure, we may suspend a site's ability to send immediately if it is being used that way. We will tell you when we do, and the rest of the site keeps working.
10. Availability
We aim to keep your site up and we take that seriously, but we do not offer a guaranteed uptime figure and these terms do not contain a service level agreement. We would rather say that plainly than publish a number we do not yet measure.
There will be occasional interruptions: maintenance, software updates, and faults at the companies whose infrastructure we build on. We keep planned interruptions short and outside busy hours where we can.
We take daily backups and keep them for a month. Backups are our tool for recovering from a failure, and they are not a substitute for your own copy of anything you would be sorry to lose.
11. Support
Support is by email, from the panel or by writing to us. We answer as quickly as we can during working hours, and there is no guaranteed response time in these terms for the same reason there is no uptime figure.
Support covers the service we provide and the software we installed. It does not extend to writing your content, designing your directory for you, or debugging third-party code you add to your own site, though we will usually point you in the right direction.
12. Our responsibility, and its limits
We will provide the service with reasonable skill and care.
We are not liable for indirect or consequential loss, for loss of profits, revenue, goodwill or anticipated savings, or for loss of data to the extent that it results from you not keeping your own copy. Where we are liable, our total liability in any twelve-month period is limited to what you paid us in that period.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. If you are a consumer, your statutory rights are unaffected by this section.
13. Ending it from our side
We can suspend or end the service if you breach these terms, if payment fails and stays unpaid, or if we are required to by law. Except where the breach is serious enough to need immediate action - unlawful content, abuse of the sending system, an attack on our infrastructure or on someone else - we will tell you what the problem is and give you a reasonable chance to fix it first.
If we withdraw the service entirely, we will give you at least 30 days' notice, refund any period you have paid for and not used, and help you take a copy of your data.
14. Changes
We may change the service as it develops - that is what a managed product is - but we will not remove something you are paying for without telling you.
We may also change these terms. If a change materially affects you we will email the address on your account before it takes effect, and carrying on using the service after that is how the change is accepted. If you do not accept it, you can cancel under section 6.
The date at the top of this page is when it was last changed.
15. Law, and where a dispute goes
These terms are governed by the law of Cyprus, and the courts of Cyprus have jurisdiction.
If you are a consumer, that does not deprive you of the protection of the mandatory law of the country where you live, and you may bring proceedings in your own local courts.
Before any of that, please write to us. Most things are a misunderstanding and take one email to sort out.
16. Contact
Write to hello@directorybrain.com, or by post to Keltikos Software Ltd, Onisiforou Center, Floor 2, Neofytou Nikolaidi & Theodorou Kolokotroni, Agios Theodoros, 8011 Paphos, Cyprus.