- Acceptance of Terms
- Use of Platform
- Forbidden Activities
- Payment
- Affiliate Program
- Intellectual Property
- Disclaimers
- Limitation of Liability, Indemnification, and Mitigation
- Limitation On Time To File Claims
- Injunctive Relief
- Waiver And Severability
- Change of Control
- Entire Agreement
- Term and Termination
- Applicable Law, Binding Arbitration, and Class Action Waiver
- Communications and Contact Information
1. Terms and acceptance
Please review these Terms of Service thoroughly. Upon acceptance, these Terms of Service, combined with our Privacy Policy, Data Processing Agreement, and Affiliate Agreement (collectively the “Terms”), establish a binding legal agreement between you (or the business entity you represent) and BRAINCHILD GROUP LIMITED, registered in England and Wales, Address: 85 Great Portland Street, First Floor, London, England, W1W 7LT – Company Number: 11424025, including its officers, directors, successors, and assigns (referred to as “Brainchild,” “we,” or “us”). These Terms regulate your access to and use of the platform and all other interactions with BRAINCHILD GROUP LIMITED.
In these Terms of Service, and for the sake of implications, every time the name Briefee is used, it is indeed referring to BRAINCHILD GROUP LIMITED.
If you do not agree with these Terms, you should refrain from accepting them, creating an account, or using the platform. In the event of a discrepancy between these Terms of Service and the additional agreements referenced herein, these Terms of Service will take precedence.
BRAINCHILD GROUP LIMITED retains the right to modify these Terms at any time. All modifications take effect immediately upon posting. Your continued platform use after any revised Terms are posted signifies your acceptance and agreement to the updated Terms.
It is advisable to consult a legal professional to ensure your platform use complies with these Terms and applicable laws.
2. Use of Platform
2.1. Age Restrictions
Minimum Age Requirement: You must be at least 18 years old to utilize the Platform. By agreeing to these Terms, creating an account, or using the Platform, you confirm that you meet this age requirement.
2.2. Use of Communication Services
Responsibility: You are solely responsible for all communications sent using the Platform, ensuring compliance with laws such as the TCPA, the CAN-SPAM Act, and the GDPR. Platform Role: Briefee is a technology platform communication service application provider only and does not originate, send, or deliver any communications.
2.3. Login Credentials
Confidentiality: You are responsible for maintaining the confidentiality of your login credentials. Unauthorized Use: Notify Briefee immediately of any unauthorized access or use of your account or credentials. Account Security: Briefee reserves the right to disable your login credentials if you violate any provisions of these Terms.
2.4. Privacy
Consent and Disclosure: By using the Platform and providing information, you consent to Briefee’s use and disclosure of the information in line with the Privacy Policy. Data Responsibility: Briefee is not liable for the deletion or failure to store any information or content maintained or transmitted on the Platform. Customer Privacy Policy: When giving your customers access to the Platform, you must implement and enforce your own privacy policy that provides protection equal to or greater than that provided by Briefee. Necessary Permissions: You must obtain consent from your customers, ensuring they agree to be bound by your privacy policy.
2.5. Platform Account Ownership
Accurate Information: Using the Platform requires you to provide complete, current, and accurate details when registering for an account. Business Usage: The Platform is designed for business purposes or for activities related to an individual’s trade, craft, or profession. Ownership of Account: As the person agreeing to these Terms, you own the account unless you are acting on behalf of a business entity, in which case the business entity owns the account. Authority Confirmation: If you accept these Terms on behalf of a business entity, you confirm that you have the authority to bind the business entity to these terms.
2.6. Third Party Content
Use at Your Own Risk: Your use of third-party content is entirely at your own risk and discretion. Responsibility: Briefee is not responsible for third-party content and does not endorse or guarantee it.
2.7. Excessive Use Restrictions
Data Use: If your data use is excessive, Briefee may require you to upgrade your services, suspend or terminate your use of the Platform, or reduce your data usage.
2.8. Platform Updates
Right to Modify: Briefee reserves the right to update or change the Platform at any time, including changes that may affect its previous mode of operation.
2.9. Third Party Services
Usability and Accessibility: Briefee is not responsible for the usability or accessibility of third-party services. Account Management: If you pause or delete your account, certain features or functionalities may not be retrievable. Service Costs: Briefee reserves the right to release phone numbers or delete parts of your account if costs are incurred on your behalf related to third-party services.
2.10. Customizations
Customization Responsibility: You are solely responsible for copyright, trademark, or other intellectual property concerns connected with your customizations. Platform Modifications: Briefee may remove any of your modifications without notice or liability.
2.11. International Use
Sanctioned Use: Users from embargoed countries or sanctioned entities are prohibited from using the Platform. Local Compliance: Users accessing the Platform from outside England are responsible for compliance with local laws.
2.12. Intended Use
Lawful Purposes: You and your clients may only use the Platform for lawful purposes and in compliance with these Terms. The Platform must not be used in any manner that breaches applicable laws or regulations or engages in prohibited activities. Compliance and Responsibility: You agree to:
- Maintain all necessary licenses, permissions, consents, and permits.
- Be fully responsible for your actions and those of your employees, agents, and clients using the Platform.
- Ensure all users understand and comply with these Terms.
- Own or control all rights to any content you provide to Briefee.
- Cooperate with information requests from law enforcement, regulators, or telecommunication providers.
3. Forbidden Activities
The following actions are strictly prohibited on the Platform. Engaging in any of these behaviors constitutes a significant breach of this Agreement, allowing Briefee to immediately suspend or terminate your Platform Account by these Terms:
- Engaging in behavior that restricts or interferes with another person’s use or enjoyment of the Platform.
- Attempting unauthorized access to, tampering with, damaging, or disrupting any part of the Platform, the server hosting the Platform, or any server, computer, or database connected to the Platform.
- Using the Platform in a manner that could overload, disable, damage, or impair the Platform, or interfere with any other party’s use of the Platform, including their ability to participate in real-time activities.
- Introducing harmful software such as viruses, Trojan horses, worms, logic bombs, or other malicious or technologically damaging elements.
- Pretending to be Briefee, a Briefee employee, another user, or any other individual or entity (including, but not limited to, using email addresses associated with any of the aforementioned).
- Employing automated devices, processes, or methods, such as robots or spiders, to access the Platform for purposes including monitoring or copying its content.
- Utilizing the Platform to send, receive, upload, download, employ, or reuse any material that is not in accordance with these Terms.
- Engaging in any conduct that, as determined by Briefee, could potentially harm Platform users or Briefee itself, or expose either to legal liability.
- Using the Platform to promote, sell, or advertise pornographic content, nudity, firearms, violent material, or anything considered illegal under international law or the laws of the regions where the user operates or sells.
- Causing any disturbances, inconveniences, discomfort, or property damage while using the services.
- Utilizing any manual method to monitor or copy any content on the Platform or for any unauthorized purpose without prior written consent from Briefee.
- Using the Platform to exploit or cause harm, or attempting to exploit or harm any individual in any manner.
- Executing attacks on the Platform such as a denial-of-service attack or a distributed denial-of-service attack.
- Engaging in any activities aimed at disrupting the proper functioning of the Platform.
- Using the Platform in any manner that violates any applicable laws or regulations.
- Utilizing any device, software, or routine that interferes with the Platform’s proper operation.
- Using the Platform to distribute or facilitate the distribution of any unlawful advertising or promotional content, such as “junk mail,” “chain letters,” “spam,” or similar solicitations.
