These Terms of Service (the “Terms”), together with our Privacy Policy, govern your use of the website operated by BRANIA (“BRANIA”, “we”, or “our”) and of any service offered through it. For brevity, the site and those services are together called the “Services.” Our Privacy Policy also applies to your use of the Services, so please read it alongside this document.
1. Agreement to These Terms
By using the Services you agree to be bound by these Terms. If you do not agree to them, do not use the Services. If you are accessing or using the Services on behalf of a company — your employer, for instance — or any other legal entity, you represent and warrant that you have authority to bind that entity, and “you” and “your” then refer to it.
2. Privacy
Our Privacy Policy explains how we collect, use, and share information, and it also governs your use of the Services. Please review it.
3. Changes to These Terms or the Services
We may revise these Terms at our sole discretion. When we do, we will post the updated version on the site, and we may also notify you by other means. Review the Terms whenever they change or whenever you use the Services: continuing to use the Services after an update is posted means you accept the changes. If you do not accept them, you may no longer use the Services. Because the Services keep evolving, we may also change or discontinue all or any part of them at any time, without notice, at our sole discretion.
4. Feedback
We welcome feedback, comments, ideas, proposals, and suggestions for improving the Services (“Feedback”). If you choose to send us Feedback, you agree we may use it freely, without restriction and without any compensation to you.
5. Prohibited Conduct and Our Enforcement Rights
You agree that you will not:
- use, display, mirror, or frame the Services, any element within them, the BRANIA name, any BRANIA trademark or logo, other proprietary information, or the layout and design of any page or form, without our express written consent;
- access, tamper with, or use non-public areas of the Services, our systems, or the technical delivery systems of our providers;
- probe, scan, or test the vulnerability of any BRANIA system or network, or breach any security or authentication measure;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure put in place by us, our providers, or any other party to protect the Services;
- access, search, or download content from the Services using any engine, software, tool, agent, device, or mechanism — spiders, robots, crawlers, data-mining tools, and the like — other than software or search agents we provide, or generally available third-party web browsers;
- send unsolicited or unauthorised advertising, promotional material, email, junk mail, spam, chain letters, or any other form of solicitation;
- use meta tags, hidden text, or metadata containing a BRANIA trademark, logo, URL, or product name without our express written consent;
- use the Services, in whole or in part, for any commercial purpose, for the benefit of a third party, or in any way these Terms do not permit;
- forge a TCP/IP packet header, or any part of the header information in an email or newsgroup posting, or otherwise use the Services to transmit altered, deceptive, or false source-identifying information;
- decipher, decompile, disassemble, or reverse engineer any of the software behind the Services;
- interfere, or attempt to interfere, with any user, host, or network — including by sending a virus, or by overloading, flooding, spamming, or mail-bombing the Services;
- collect or store personally identifiable information about other users of the Services without their express permission;
- impersonate anyone, or misrepresent your affiliation with any person or entity;
- break any applicable law or regulation; or
- encourage or help anyone else do any of the above.
We are under no obligation to monitor access to or use of the Services, but we may do so — to operate the Services, to check compliance with these Terms, and to meet applicable law or other legal requirements. We may investigate breaches of these Terms and conduct that affects the Services, and we may consult and cooperate with law enforcement in the prosecution of users who break the law.
6. Links to Third-Party Sites and Resources
The Services may give you access to outside websites and resources. We provide that access purely as a convenience and are not responsible for the content, products, or services available from them, nor for any links they display. You are solely responsible for your use of any third-party resource, and you assume all risk arising from it.
7. Termination
We may suspend or terminate your access to and use of the Services at our sole discretion, at any time, without notice. On any termination, discontinuation, or cancellation of the Services, sections 4, 5, 7, and 8 through 12 survive.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Services will meet your requirements, or that they will be available on an uninterrupted, secure, or error-free basis. We give no warranty as to the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content within the Services.
9. Indemnity
You will indemnify BRANIA and its officers, directors, employees, and agents, and hold them harmless, against any claim, dispute, demand, liability, damage, loss, cost, or expense — including reasonable legal and accounting fees — arising out of or in any way connected with (a) your access to or use of the Services, or (b) your breach of these Terms.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BRANIA NOR ANY SERVICE PROVIDER INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BRANIA OR ITS SERVICE PROVIDERS WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET OUT HERE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANIA'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID OR OWE TO BRANIA FOR USE OF THE SERVICES, OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE HAD NO PAYMENT OBLIGATION TO BRANIA.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET OUT ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BRANIA.
11. Governing Law and Forum
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to any conflict-of-laws principle that would apply the law of another jurisdiction. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco, California, and both you and BRANIA irrevocably consent to the personal jurisdiction and venue of those courts.
12. General Terms
Reservation of rights. BRANIA and its licensors own all right, title, and interest in the Services, including every associated intellectual property right. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and other countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notice in or accompanying the Services.
Entire agreement. These Terms are the entire and exclusive understanding between you and BRANIA regarding the Services, and they supersede every prior oral or written understanding or agreement on the subject. If an arbitrator or a court of competent jurisdiction holds any provision invalid or unenforceable, that provision will be enforced to the greatest extent permitted and the rest of the Terms will remain in full force. Unless the law in your jurisdiction says otherwise, you may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent; any attempt to do so without that consent, or without a statutory right to do so, is void. BRANIA may assign or transfer these Terms freely. Subject to that, these Terms bind and benefit the parties, their successors, and their permitted assigns.
Notices. Any notice or other communication BRANIA gives under these Terms will be sent by email or posted to the Services. Where notice is sent by email, it is deemed received on the date it is transmitted.
Waiver. A failure by BRANIA to enforce any right or provision of these Terms is not a waiver of it. A waiver is effective only if it is in writing and signed by a duly authorised BRANIA representative. Except where these Terms expressly say otherwise, a party exercising one of its remedies does not prejudice its other remedies, whether under these Terms or otherwise.
13. Contact Information
If you have questions about these Terms or the Services, write to us at Hello@brania.ai.