Terms of Service

Last Updated: April 8, 2026

Welcome, and thank you for your interest in Brev. Technologies Inc. d/b/a Brev.io (“Brev.io,” “we,” “our,” or “us”) and our products, applications, and website (collectively, the “Services”). These Terms of Service are a legally binding contract between you and Brev.io regarding your use of the Services.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION OF YOUR ACCESS TO OR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY AVAILABLE AT: HTTPS://WWW.BREV.IO/PRIVACY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND BREV.IO’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY BREV.IO AND BY YOU TO BE BOUND BY THESE TERMS.

1.Overview.

1.1.Description of the Services. The Services are an AI-powered operating system for an enterprise Business Execution platform, related documentation, and any related downloadable code. They enable users or organizations to plan and track their business objectives, metrics, initiatives, orchestrate operational meeting cadences, gain visibility across teams into performance, including integration with third-party applications and software. The Brev application can be accessed from the web, Slack, Microsoft Teams, Zoom, Google Meet, and across various integrations as part of the Services.

1.2.Use of Artificial Intelligence. The Services utilize artificial intelligence and machine learning technologies to generate Outputs (as defined below) based on user-provided User Content (as defined below). Outputs are generated automatically and may be incomplete, inaccurate, or not suitable for your intended purpose. You acknowledge that Outputs do not constitute professional advice and should not be relied upon as a substitute for independent judgment, evaluation, or verification. You are solely responsible for reviewing and evaluating all Outputs before use. You should not use the Services or Outputs for any purpose where errors or inaccuracies could result in harm or liability without appropriate human review.

1.3.Regulatory Disclaimer. The Services are not designed to comply with industry-specific regulatory requirements, including the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act (GLBA). You acknowledge that the Services may not satisfy the requirements of such laws or regulations. If you choose to use the Services in connection with data or activities subject to such laws or regulations, including, without limitation, protected health information, financial information, or other regulated data, you do so at your own risk and are solely responsible for ensuring compliance with all applicable laws and regulations. To the fullest extent permitted by law, Brev.io disclaims any liability arising from your use of the Services in connection with such regulated data or activities.

2.Eligibility; Accounts; Security.

2.1.Eligibility. By accessing or using the Services, you represent and warrant to us that your access to and use of the Services is in compliance with any and all applicable laws and regulations. If you are accessing the Services on behalf of an entity, organization, or company, then (a) “you” will refer to that entity, organization, or company and (b) the individual accessing or using the Services on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2.2.Accounts; Security. To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information and to keep such information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized access to or use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to safeguard your account credentials. If you are using the Services on behalf of an organization, you are responsible for all users accessing the Services through your account and for their compliance with these Terms.

3.Intellectual Property Rights.

3.1.Ownership; Proprietary Rights. The Services are owned and operated by Brev.io. The visual interfaces, graphics, designs, compilations, data, computer code (including source code or object code), products, software, services, and all other elements of the Services, as well as the trademarks, service marks, and logos contained therein (collectively, the "Materials"), are protected by intellectual property and other laws. All Materials included in the Services are the property of Brev.io or its third-party licensors. Except as expressly authorized by Brev.io, you may not use the Materials. Brev.io reserves all rights to the Materials not granted expressly in these Terms.

3.2.Limited License. Subject to your complete and ongoing compliance with these Terms, Brev.io grants you, solely for your internal business use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services.

3.3.Acceptable Use. Except and solely to the extent such a restriction is impermissible under applicable law, you agree not to, and not to permit any third party to: (a) use the Services for any illegal purpose or in violation of any local, state, national, or international law or regulation, including using the Services with User Content that includes personal data or sensitive data in violation of applicable law; (b) submit User Content that infringes or misappropriates any third-party rights, including intellectual property, privacy, or publicity rights; (c) use the Services to generate or disseminate unlawful, harmful, fraudulent, or deceptive content; (d) infringe, misappropriate, or violate any intellectual property rights in or to the Services, including by reproducing, distributing, publicly displaying, or publicly performing the Services and Materials made available through the Services; (e) use the Services to develop, train, or improve any competing artificial intelligence or machine learning models without our prior written consent; (f) make modifications to the Services; (g) access or use the Services for benchmarking or competitive analysis purposes without our prior written consent, or to build or offer a competing product or service; (h) attempt to reverse engineer, extract, or otherwise derive the source code, underlying models, algorithms, or system architecture of the Services; (i) interfere with or circumvent any feature of the Services, including any security or access control mechanism, or interfere with a user’s enjoyment of the Services; or (j) use any automated means, including bots, scrapers, or crawlers, to access, collect data from, or otherwise interact with the Services except as expressly permitted by us.

3.4.Feedback. If you choose to provide input or suggestions regarding problems with or proposed features, modifications or improvements to the Services (“Feedback”), then you do so on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence) and you hereby grant Brev.io an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, transferable, sublicensable, non-exclusive right and license to exploit the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

3.5.Publicity. We may identify you as a customer of the Services, including by using your name and logo on our website or in customer lists and marketing materials, subject to any reasonable brand usage guidelines you provide to us in writing. If you prefer that we do not use your name or logo, you may opt out at any time by providing written notice to us, and we will cease such use within a reasonable period.

4.User Content and Outputs.

4.1.User Content. You may submit, upload, transmit, link, or otherwise make available data, content, or materials to the Services (collectively, “User Content”). You are solely responsible for your User Content and the consequences of submitting or using it in connection with the Services.

4.2.Ownership of User Content. As between you and Brev.io, you retain all rights, title, and interest in and to your User Content.

4.3.License to Brev.io. You grant Brev.io a worldwide, fully paid-up, royalty-free, sublicensable, non-exclusive right and license to use, host, store, reproduce, modify, process, transmit, and display User Content solely as necessary to (a) provide, operate, maintain, and improve the Services, (b) comply with applicable law, and (c) enforce these Terms.

4.4.Outputs. The Services may generate outputs (“Outputs”) based on your User Content and other information available to the Services, including information derived from your use of the Services, your account information, and publicly available or third-party data. As between you and Brev.io, and subject to your compliance with these Terms, you own any Outputs generated for you. You acknowledge that Outputs may not be unique and that similar or identical outputs may be generated for other users.

4.5.Personalization and Data Enrichment. The Services may use information associated with your account, your use of the Services, and other available data sources to personalize your experience and enhance Outputs. This may include inferring or supplementing information about you or your organization from publicly available or third-party sources. You acknowledge and agree that such information may be used by Brev.io to provide, improve, and personalize the Services in accordance with these Terms and the Privacy Policy.

4.6.Responsibility. You represent and warrant that: (a) you have all rights necessary to submit and use your User Content in connection with the Services; and (b) your User Content, and your use of the Services and Outputs, will not violate any applicable law or infringe any third-party rights. You are solely responsible for evaluating the accuracy and suitability of any Outputs before use.

4.7.Service Improvements. In order to operate, improve, enhance, and develop the Services for its customers, Brev.io may use aggregated and de-identified data derived from User Content and Outputs, provided that such data does not identify you, your organization, or any individual.

4.8.Removal and Monitoring. We may, but are not obligated to, monitor use of the Services and remove or disable access to any User Content that we reasonably believe violates these Terms or applicable law.

5.Public Content.

5.1.Public Sharing. The Services may allow you to make User Content publicly available or accessible to other users (“Public Content”). You are solely responsible for any Public Content you choose to share.

5.2.No Confidentiality. You acknowledge that Public Content will be accessible to other users and, depending on the features you use, may be accessible to the public. Public Content will not be treated as confidential or proprietary.

5.3.License to Other Users. By making User Content available as Public Content, you grant other users of the Services a worldwide, fully paid-up, royalty-free, non-exclusive license to access, use, reproduce, and display such Public Content as permitted by the functionality of the Services.

5.4.Responsibility and Risk. You understand that Public Content may be copied, modified, or redistributed by other users, and Brev.io is not responsible for any use or misuse of Public Content by third parties.

5.5.Removal. You may remove Public Content through the functionality of the Services; however, you acknowledge that copies of Public Content may persist or continue to exist outside the Services.

6.Linked Websites. The Services may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

7.Modification and Suspension of Services.

7.1.Modification of Services. Brev.io reserves the right to modify or discontinue all or any portion of the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you.

7.2.Suspension of Services. Brev.io may suspend or limit your access to or use of the Services or content, in whole or in part, immediately and without prior notice if: (a) we reasonably believe that your use of the Services poses a security risk to the Services or any third party; (b) we reasonably believe that your use of the Services violates applicable law or regulation, or suspension is required to comply with applicable law, regulation, or governmental request; (c) you are in breach of these Terms; or (d) your payment of any fees is overdue or your payment method is declined. Where reasonably practicable, we will use commercially reasonable efforts to provide notice of any such suspension and to restore access to the Services promptly after the issue giving rise to the suspension has been resolved. We are not required to provide advance notice where doing so would pose a security risk or violate applicable law.

7.3.No Liability. Brev.io will not be liable for any modification, discontinuation, suspension, or limitation of the Services or content as permitted under these Terms.

8.Credits; Pricing; Payment.

8.1.Credit-Based Services. Certain features or functionality of the Services may be accessed through the purchase and use of prepaid credits (“Credits”). Credits may be consumed based on your usage of the Services, including specific actions, features, or processing events, as described in the Pricing.

8.2.Pricing; Purchase of Credits. The pricing for Credits, including applicable rates for Credit usage, subscription terms (if any), rollover periods, expiration terms, and other applicable fees and conditions (collectively, the “Pricing”), will be made available on the Services or on our website. You may purchase Credits through the payment methods made available via the Services or our website in accordance with the then-current Pricing. All purchases of Credits are final, non-refundable, and non-transferable except as required by applicable law. We reserve the right to modify the Pricing at any time in our sole discretion, provided that any such changes will apply prospectively and will not affect Credits already purchased. The Pricing is incorporated into these Terms by reference.

8.3.Credit Consumption, Expiration and Rollover. Credits will be deducted from your account based on your use of the Services. You are responsible for monitoring your Credit balance and usage. Credits will remain valid for at least twelve (12) months from the date of purchase unless otherwise specified at the time of purchase or in the applicable Pricing. Any unused Credits will be forfeited upon expiration without refund, except as required by applicable law. Subject to this Section 8.3, unused Credits may roll over for a limited period, if and as specified in the applicable Pricing. After the applicable rollover period, unused Credits will expire.

8.4.Auto-Reload. You may have the option to enable automatic replenishment of Credits (“Auto-Reload”). If enabled, you authorize us (and our third-party payment processors) to automatically charge your designated payment method when your Credit balance falls below a specified threshold or at other intervals selected by you, in order to purchase additional Credits. You may modify or disable Auto-Reload at any time through your account settings.

8.5.Usage Limits and Alerts. The Services may allow you to set usage limits and receive notifications when your Credit balance reaches certain thresholds. These tools are provided for convenience only. You remain solely responsible for your usage and any associated charges, regardless of whether you have configured or received any alerts or limits. You may also set a maximum usage or spend limit through the Services. We will use commercially reasonable efforts to respect such limits, but do not guarantee that usage will cease immediately or that such limits or alerts will be effective.

8.6.Payment Authorization. By providing a payment method, you represent and warrant that you are authorized to use such payment method and authorize us (and our third-party payment processors) to charge your payment method for all Credit purchases, including any automatic purchases under Auto-Reload.

8.7.Taxes. All fees and Credit purchases are exclusive of any applicable sales, use, value-added, withholding, or other taxes, duties, or levies (collectively, “Taxes”). You are responsible for all Taxes associated with your purchase and use of the Services, other than taxes based on our net income.

8.8.Failure to Pay. If your payment method is declined or you otherwise fail to pay any amounts due, we may suspend or terminate your access to the Services. You remain responsible for all amounts due and owing.

8.9.Third-Party Payment Processors. Payments may be processed by third-party payment processors. Your use of such payment services may be subject to additional terms imposed by such third parties. To the fullest extent permitted by law, Brev.io is not responsible for errors, delays, or failures of such third-party payment processors.

8.10.Billing Disputes. You must notify us of any billing dispute within thirty (30) days of the applicable charge, or you waive any claim relating to such dispute.

8.11.Abuse; Errors. We reserve the right to suspend, adjust, or correct Credit balances or usage calculations in cases of fraud, abuse, system error, or other misuse of the Services.

9.Free Trial; Promotional Credits.

9.1.Free Credits. We may, in our sole discretion, offer access to certain features of the Services through a limited allocation of free Credits (“Free Credits”). The amount, duration, scope, and eligibility requirements of any Free Credits will be as described on the Services or at the time of enrollment. Free Credits may be subject to additional terms and conditions communicated at the time of issuance.

9.2.Expiration of Free Credits. Free Credits may expire after a specified period, as indicated at the time they are granted. Any unused Free Credits will be forfeited upon expiration without compensation.

9.3.Conversion to Paid Usage. Unless otherwise stated at the time of enrollment, once your Free Credits are exhausted or expire, continued use of the Services may require the purchase of additional Credits in accordance with the then-current Pricing. If you have enabled Auto-Reload or otherwise provided a payment method, you authorize us to charge your payment method for additional Credits in accordance with Section 8.

9.4.No Monetary Value. Free Credits have no cash value, are non-transferable, and may not be sold, exchanged, or redeemed for cash or other value.

9.5.Limitations. Free Credits are limited to one allocation per user (or per organization, as applicable) unless otherwise expressly permitted by us. We reserve the right to modify, suspend, or terminate Free Credits at any time, and to revoke Free Credits if we believe they are being misused or used in violation of these Terms.

10.Term and Termination. These Terms are in effect at all times that you access or use the Services. If you violate any provision of these Terms: (a) you must immediately cease all use of the Services; (b) your rights under these Terms are terminated and you are no longer authorized to access or use the Services; and (c) all definitions and Sections 3.1, 3.4, 4, 5 and 8 through 16 will survive termination.

11.Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend and indemnify Brev.io and its directors, officers, employees, consultants, affiliates, subsidiaries, licensors, suppliers, agents, and representatives (collectively, the “Brev.io Entities”) from and against every claim brought by a third party against a Brev.io Entity, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or related to: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of these Terms or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property or other proprietary right or right of publicity, confidentiality, or privacy; (d) your use of the Services in connection with any regulated data or activities described in Section 1.3; or (e) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of the applicable claims.

12.Disclaimers; No Warranties.

12.1.Disclaimer of Warranties. THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BREV.IO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BREV.IO DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BREV.IO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. WE DO NOT GUARANTEE UPTIME OR AVAILABILITY UNLESS EXPRESSLY AGREED IN WRITING.

12.2.No Reliance. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR BREV.IO ENTITIES, OR ANY MATERIALS OR CONTENT MADE AVAILABLE THROUGH THE SERVICES, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS OR A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND BREV.IO. IN PARTICULAR, THE OUTPUT DATA THE SERVICES PRODUCE ARE RECOMMENDATIONS ONLY AND OFFER NO GUARANTEE OR WARRANTY ABOUT ANY BUSINESS OUTCOME OR RESULT.

12.3.Assumption of Risk. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICES OR YOUR ACCESS TO OR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE THE SERVICES AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS, CORRUPTION, OR DELETION OF DATA, AND YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF YOUR DATA. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 12 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. BREV.IO DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT BREV.IO IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW. WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA UNLESS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

13.Limitation of Liability.

13.1.Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BREV.IO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, ANY PORTION OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BREV.IO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGES.

13.2.Liability Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BREV.IO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO BREV.IO FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (US$100).

13.3.Basis of the Bargain. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14.Copyright Infringements. We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

15.Governing Law; Dispute Resolution.

15.1.Governing Law. These Terms are governed by the laws of the state of California without regard to conflict of law principles that would result in the application of the laws of another jurisdiction.

15.2.Binding Arbitration.

15.2.1.If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in San Francisco, California. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

15.2.2.If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in San Francisco County, California, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

15.2.3.In no event shall any Dispute brought by either party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

15.3.Restrictions. The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

15.4.Exceptions to Arbitration. The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

16.Miscellaneous.

16.1.Privacy Policy. Please read our Privacy Policy available at: https://www.brev.io/privacy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

16.2.Additional Terms. Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services or that you agree to in connection with certain technology or services made available to you by or on behalf of Brev.io (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

16.3.Entire Agreement. These Terms, together with our Privacy Policy and any Additional Terms, are the entire and exclusive understanding and agreement between you and Brev.io regarding your use of the Services.

16.4.Waiver. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.

16.5.Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

16.6.Interpretation. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.7.Email. If you provide your email address to us, you agree that we may send you emails concerning our products and services. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

16.8.Contact Information. The Services are offered by Brev. Technologies Inc. d/b/a Brev.io located at team@brev.io. You may contact us by sending correspondence to that address or by emailing us at legal@brev.io.

16.9.Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information regarding use of the Services.

16.10.International Use. The Services are intended for users located within the United States. We make no representation that the Services are appropriate or available for use outside of the United States. Access to the Services from countries or territories or by individuals where such access is illegal is prohibited.

16.11.Changes to these Terms. We reserve the right to change these Terms, the Privacy Policy and any Additional Terms on a going-forward basis at any time. You agree to be bound by the most current version of these Terms, the Privacy Policy and Additional Terms each time you access or use the Services. Except as expressly permitted in this Section 16.11, the Terms, Privacy Policy and Additional Terms by which you and we are bound may be amended only by a written agreement signed by authorized representatives of each of you and us. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.