Terms and Conditions of Use
Terms and Conditions of Use
1. Introduction and Eligibility Please read these Terms of Use (“Terms”) carefully before using the Service (as
defined in Section II below).
These Terms provide that all disputes between you and the Company relating to these
Terms or your use of the Service will be resolved by BINDING ARBITRATION. YOU
AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights
under these Terms, except for matters that may be taken to small claims court. Your
rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and
your claims cannot be brought as a class action. Please review Section XI (“Arbitration,
Class Waiver, and Waiver of Jury Trial”) for the details regarding your agreement to
arbitrate any disputes with the Company.
These Terms include Company’s Privacy Policy, which is incorporated by reference into
these Terms. We have included several annotations in boxes to help explain or
emphasize key sections. These annotations are for convenience only and have no legal
or contractual effect.
This agreement is a legally binding contract. It may change as our business changes,
and you agree you will review it and any updates regularly. Your continued use of the
Service means you accept any changes to these Terms.
a. Binding Agreement. These Terms constitute a binding
agreement between you and The BraveLabs and its affiliates and
subsidiaries (“Company,” “we,” or “us”). “You” and “users” means
all visitors to the Service. You accept these Terms each time you
access the Service. If you do not accept these Terms, you must
not use the Service.You must be at least 18 years of age to use
the Service, or have the permission of a parent or guardian, as
explained in Section III(a) below.
b. Revisions to Terms. We may revise these Terms at any time
by posting an updated version; provided, however, that we will
endeavor to provide you with prior notice of any material changes
to these Terms. You should visit this page periodically to review
the most current Terms, because you are bound by them. Your
continued use of the Service after a change to these Terms
constitutes your binding acceptance of these Terms.
2. The Service.
The “Service” means, collectively, the Company website (the “Website”), mobile
application, or other Internet service under Company’s partial or complete control that
promotes Company’s products and services in the field of protection of customer data.
3. Eligibility to Use the Service
a. Children. No part of the Service is directed to persons under the age of 13. IF YOU
ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE
AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that either you are
at least 18 years of age or have been authorized to use the Service by your parent or
guardian who is at least 18 years of age.
b. Agent of a Company, Entity, or Organization. If you are using the Service on
behalf of a company, entity, or organization (collectively “Organization”), then you
represent and warrant that you:
1. are an authorized representative of that Organization;
2. have the authority to bind that Organization to these Terms;
and
3. agree to be bound by these Terms on behalf of that
Organization.
4. Communications
Company may communicate with you by email or posting notice
on the Service. You may request that we provide notice of security
breaches in writing.
a. Email. You agree to receive email from us at the email address you provide to us
through the Service.
b. Electronic Notices.By using the Service or providing personal information to us, you
agree that we may communicate with you electronically regarding security, privacy, and
administrative issues relating to your use of the Service. If we learn of a security
system’s breach, then we may attempt to notify you electronically by posting a notice on
the Service or sending an email to you, if you have provided an email address to us.
You may have a legal right to receive this notice in writing. To receive free written notice
of a security breach (or to withdraw your consent from receiving electronic notice),
please write to us at info@The BraveLabs.ai
5. Company’s Content Ownership and Use
a. The contents of the Service include: designs, text, graphics, images, video,
information, logos, button icons, software, audio files, computer code, and other
Company content (collectively, “Company Content”). All Company Content and the
compilation (meaning the collection, arrangement, and assembly) of all Company
Content are the property of Company or its licensors and are protected under copyright,
trademark, and other laws.
b. License to You We authorize you, subject to these Terms, to access and use the
Service. Any other use is expressly prohibited. This license is revocable at any time
without notice and with or without cause. Unauthorized use of the Company Content
may violate copyright, trademark, and applicable communications regulations and
statutes and is strictly prohibited. You must preserve all copyright, trademarks, service
marks, and other proprietary notices contained in the original Company Content on any
copy you make of the Company Content.
c. Company Marks. Company, the Company logo, and other Company logos and
product and service names are or may be Company’s trademarks (the “Company
Marks”). Without our prior written permission, and except as solely enabled by any link
as provided by us, you agree not to display or use in any manner the Company Marks.
6. Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas,
we can use them without compensating you.
We appreciate hearing from our users and welcome your comments regarding the
Service. Please be advised, however, that if you send us creative ideas, suggestions,
inventions, or materials (collectively, “Creative Ideas”), we will:
1. own, exclusively, all now known or later discovered rights to the Creative Ideas;
2. not be subject to any obligation of confidentiality and shall not be liable for any use or
disclosure of any Creative Ideas; and
3. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever,
commercial or otherwise, without compensation to you or any other person.
7. User Prohibitions
Do not do bad things with the Service, try to break it, or steal our
hard work.
a. You agree to use the Service only for its intended purpose. You must use the Service
in compliance with all privacy, data protection, intellectual property, and other applicable
laws. You must comply with the following:
• i. You may access the Service solely as intended through the
provided functionality of the Service and as permitted under
these Terms.
• ii. Unless expressly permitted, you agree not to copy,
reproduce, distribute, publish, display, perform, transmit,
stream or broadcast any part of the Service without
Company’s prior written authorization, including, by way of
example and not limitation, by doing or engaging in any of
the following without Company’s express written consent:A.
altering, defacing, mutilating or otherwise bypassing any
approved software through which the Service is made
available; andB. using any trademarks, service marks,
design marks, logos, photographs or other content belonging
to Company or obtained from the Service.
• iii. You agree not to bypass, circumvent, damage or
otherwise interfere with any security or other features of the
Service designed to control the manner in which the Service
is used, harvest or mine Company Content from the Service,
or otherwise access or use the Service in a manner
inconsistent with individual human usage.
• iv. You agree not to undertake, cause, permit or authorize the
translation, reverse engineering, disassembling or hacking of
any aspect of the Service, including any Company Content
available on or through the Service, or attempt to do any of
the foregoing, except and solely to the extent these Terms
permit, the authorized features of the Service, or by law, or
otherwise attempt to use or access any portion of the
Service other than as Company intends.
• v. You agree not to use, display, mirror, frame, or utilize
framing techniques to enclose the Service, including any
Company Content available on or through the Service, or
any portion thereof, through any other application or website,
unless and solely to the extent Company makes available
the means for embedding any part of the Service or
Company Content.
• vi. You agree not to access, tamper with, or use non-public
areas of the Service, Company’s (and its hosting company’s)
computer systems and infrastructure, or the technical
delivery systems of Company’s providers.
• vii. You agree not to harass, abuse, harm or advocate or
incite harassment, abuse or harm of another person or
group, including Company employees and other users.
• viii. You agree not to provide any false personal information
to Company or any other user, or create a false identify or
impersonate another person or entity in any way.
• ix. You agree not to solicit, or attempt to solicit, personal
information from other users.
• x. You agree not to restrict, discourage or inhibit any person
from using the Service, disclose personal information about
a third person on the Service or obtained from the Service
without the consent of such person, or collect information
about users.
• xi. You agree not to gain unauthorized access to the Service,
to other users’ names or personally identifiable information,
or to other computers or websites connected or linked to the
Service.
• xii. You agree not to transmit or otherwise make available
any virus, worm, spyware or any other computer code, file or
program that may or is intended to disable, overburden,
impair, damage or hijack the operation of any hardware,
software or telecommunications equipment, or any other
aspect of the Service or communications equipment and
computers connected to the Service.
• xiii. You agree not to interfere with or disrupt the Service, or
networks or servers connected to the Service, or violate the
regulations, policies or procedures of such networks or
servers.
• xiv. You agree not to violate any applicable federal, state or
local laws or regulations or these Terms.
• xv. You agree not to assist or permit any persons in engaging
in any of the activities described above.
A breach of these restrictions may subject you to prosecution and damages, as well as
liability for infringement of intellectual property rights.
8. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of the
Service.
a. We reserve the right to prevent access to the Service for any reason, at our
discretion. We reserve the right to refuse to provide the Service to you in the future.
b. You are responsible for any claims, fees, fines, penalties, and other liability incurred
by us or others caused by or arising out of your breach of these Terms and your use of
the Service.
9. Company’s Liability
We are not liable for the actions of users when they use the
Service. We may also change the Service at any time and are not
liable for how this may affect you. We do not guarantee the quality
or accuracy of any content you view using the Service or other
websites.
a. Changes to the Service. We may change, suspend, or discontinue any aspect of the
Service at any time, including hours of operation or availability of the Site or any feature,
without notice or liability.
b. User Disputes. We are not responsible for any disputes or disagreements between
you and any third party you interact with using the Service. You assume all risk
associated with dealing with third parties. You agree to resolve disputes directly with the
other party. To the fullest extent permitted by law,you release Company of all claims,
demands, and damages in disputes among users of the Service. You also agree not to
involve us in such disputes. Use caution and common sense when using the Service.
c. Content Accuracy. We make no representations about accuracy, reliability,
completeness, or timeliness of any contents of the Service. Similarly, we make no
representations about accuracy, reliability, completeness, or timeliness of any data from
a third-party service provider or the quality or nature of third-party products or services
obtained through the Service. Use the Service at your own risk.
d. Third-Party Sites. The Service may include links to third party websites and
applications (“Third Party Sites.”) You are responsible for evaluating whether you want
to access or use them. We are not responsible for and do not endorse any features,
content, advertising, products, or other materials on other websites or applications. You
assume all risk and, to the fullest extent permitted by law, we disclaim all liability arising
from your use of them.
e. We make no promises and, to the fullest extent permitted by law, disclaim all liability
of specific results from the use of the Service.
f. Released Parties Defined. “Released Parties” include Company and its affiliates,
officers, employees, agents, partners, and licensors.
g. Disclaimer of warranties
You use the Service at your own risk. We make no warranties or
guarantees.
You expressly understand and agree that, to the fullest extent permitted by law: (a) your
use of the service is at your sole risk, and the service is provided on an “as is” and “as
available” basis and the released parties expressly disclaim all warranties of any kind,
whether express or implied, including, but not limited to, warranties as to products or
services offered by businesses listed on the service, implied warranties of
merchantability, fitness for a particular purpose, and non-infringement; (b) the released
parties make no warranty that (i) the service will meet your requirements, (ii) the service
will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained
from the use of the service will be accurate or reliable, (iv) the quality of any goods or
service available on the service will meet your expectations, and (v) any errors in the
service will be corrected; and (c) any material accessed through the use of the service
is accessed at your own discretion and risk, and you will be solely responsible for any
damage to your computer system or mobile device or loss of data that results from the
download or use of any such material.
h. Limitation of liability and indemnification
We are not liable for anything that happens to you that somehow
may be connected to your use of the Service. If you use the
Service in a way that causes us to be included in litigation, you
agree to pay all legal fees and costs for Released Parties.
You expressly understand and agree that, to the fullest extent permitted by law, the
released parties will not be liable to you for any direct, indirect, incidental, special,
consequential, or exemplary damages, including, but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses (even if company has been advised
of the possibility of such damages), resulting from: (i) the use or the inability to use the
service; (ii) the cost of procurement of substitute goods and services resulting from any
information or services obtained from, or as a result of the service; (iii) unauthorized
access to or alteration of your transmissions or data; (iv) statements or conduct of any
user or third party on the service; (v) your reliance on content made available by us; or
(vi) any other matter relating to the service.
To the fullest extent permitted by law, the released parties’ maximum liability arising out
of or in connection with the service or your use of company content, regardless of the
cause of action (whether in contract, tort, breach of warranty, or otherwise), will not
exceed $100.
i. To the fullest extent permitted by law, you agree to defend, indemnify, and hold
harmless the Released Parties from and against any claims, actions, or demands,
including without limitation reasonable legal and accounting fees, alleging or resulting
from (i) your use of or reliance on any third-party content, or (ii) your breach of these
Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
10. General Terms
These Terms constitute the entire agreement between you and Company concerning
your use of the Service. Our failure to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision. If any provision of these
Terms is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of these Terms remain
in full force and effect. The section titles and annotations in these Terms are for
convenience only and have no legal or contractual effect.
11. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in India, so all disputes must be resolved there.
We will use arbitration to resolve any problems, and you cannot
join a class action lawsuit or obtain a jury trial for any disputes you
have with us related to your use of the Service.
a. Generally. In the interest of resolving disputes between you and the Company in the
most expedient and cost effective manner, you and the Company agree that any dispute
arising out of or in any way related to these Terms or your use of the Service will be
resolved by binding arbitration. Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited
discovery than in court, and can be subject to very limited review by courts. Arbitrators
can award the same damages and relief that a court can award. This agreement to
arbitrate disputes includes all claims arising out of or in any way related to these Terms
or your use of the Site or Products, whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of whether a claim arises
during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT,
BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
ACTION.
b. Exceptions. Despite the provisions of the Section entitled “Generally” directly above,
nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of
either party to: (i) bring an individual action in small claims court; (ii) pursue an
enforcement action through the applicable federal, state, or local agency if that action is
available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to
address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and the Company will be governed by the
Federal Arbitration Act, and governed by the Commercial Dispute Resolution
Procedures and the Supplementary Procedures for Consumer Related Disputes
(collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified
by these Terms, and will be administered by the AAA. The AAA Rules and filing forms
are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by
contacting the Company. The arbitrator has exclusive authority to resolve any dispute
relating to the interpretation, applicability, or enforceability of this binding arbitration
agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written
notice of the dispute to the other party. The Notice must: (i) describe the nature and
basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The
parties will make good faith efforts to resolve the claim directly, but if the parties do not
reach an agreement to do so within 30 days after the Notice is received, you or the
Company may commence an arbitration proceeding. During the arbitration, the amount
of any settlement offer made by you or the Company must not be disclosed to the
arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute
is finally resolved through arbitration in your favor, the Company will pay you the highest
of the following: (A) the amount awarded by the arbitrator, if any; (B) the last written
settlement amount offered by the Company in settlement of the dispute prior to the
arbitrator’s award; or (C) $1,000.
e. Fees. If you commence arbitration in accordance with these Terms, the Company will
reimburse you for your payment of the filing fee, unless your claim is for more than
$10,000 or as set forth below, in which case the payment of any fees will be decided by
the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in
Phoenix, but if the claim is for $10,000 or less, you may choose whether the arbitration
will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii)
through a non-appearance based telephone hearing; or (iii) by an in-person hearing as
established by the AAA Rules in the county (or parish) of your billing address. If the
arbitrator finds that either the substance of your claim or the relief sought in the Demand
is frivolous or brought for an improper purpose (as measured by the standards set forth
in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed
by the AAA Rules. In that case, you agree to reimburse the Company for all monies
previously disbursed by it that are otherwise your obligation to pay under the AAA
Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator
must issue a reasoned written decision sufficient to explain the essential findings and
conclusions on which the decision and award, if any, are based. The arbitrator may
make rulings and resolve disputes as to the payment and reimbursement of fees or
expenses at any time during the proceeding and upon request from either party made
within 14 days of the arbitrator’s ruling on the merits.
f. No Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree
otherwise, the arbitrator may not consolidate more than one person’s claims, and may
not otherwise preside over any form of a representative or class proceeding.
g. Modifications to this Arbitration Provision. If the Company makes any future
change to this arbitration provision, other than a change to the Company’s address for
Notice, you may reject the change by sending us written notice within 30 days of the
change to the Company’s address for Notice, in which case this arbitration provision, as
in effect immediately prior to the changes you rejected, will continue to govern any
disputes between you and the Company.
h. Enforceability. If the Section entitled “No Class Actions” is found to be
unenforceable or if the entirety of this SectionXI is found to be unenforceable, then the
entirety of this Section XI will be null and void and, in that case, the parties agree that
the exclusive jurisdiction and venue described directly below will govern any action
arising out of or related to these Terms or your use of the Service.
i. Choice of Law; Venue. These Terms will be governed and construed in accordance
with the laws of the State of India, excluding its conflicts of law rules. If a lawsuit or court
proceeding is permitted under these Terms, then you and the Company agree to submit
to the personal and exclusive jurisdiction and venue of the state and federal courts
located within India.
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