Terms & Conditions
Last updated: July 14, 2024
Introduction
Welcome to Brew ("Company," "we," "our," "us").
The following Terms and Conditions (hereafter "Terms") outline the rules and regulations governing your interaction with our website and email services (collectively referred to as "Services"), which are operated by Brew and can be accessed at https://getbrew.ai.
In addition to these Terms, our Privacy Policy, which can be found at https://getbrew.ai/privacy, also regulates your use of our Services. This policy elucidates how we gather, safeguard, and share information that results from your engagement with our digital platforms.
Your agreement with us encompasses both these Terms and our Privacy Policy (jointly referred to as "Agreements"). By using our Services, you confirm that you have reviewed and comprehended these Agreements and consent to be legally bound by them.
Should you disagree with or be unable to adhere to any part of the Agreements, we kindly request that you refrain from using our Services. If you have any queries or concerns, please don't hesitate to reach out to us at hey@getbrew.ai. These Agreements are applicable to all individuals who access or utilize our Services, including visitors, users, and other interested parties.
Access to Services and Communications
By using our Services, you affirm that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Our Services are not intended for users under the age of 13. If we learn that we have collected personal information from a child under 13, we will take steps to delete that information as quickly as possible.
Purchases
When engaging in a transaction to acquire any product or service through our Services (referred to as a "Purchase"), you may be required to provide specific information pertinent to your Purchase. In doing so, you affirm and guarantee that:
You possess the legal authority to employ any payment method(s) associated with your Purchase.
All information you provide to us is accurate, truthful, and comprehensive.
We maintain the right to decline or nullify your order at any point for various reasons, including but not limited to:
Unavailability of the product or service
Inaccuracies in the product or service description or pricing
Errors within your order
Other justifiable causes
Furthermore, we reserve the right to reject or cancel your order if we suspect fraudulent activity, unauthorized transactions, or any illegal operations.
Subscriptions and Cancellation
Certain aspects of our Services operate on a subscription model ("Subscription(s)"). Charges for these services are applied in advance, following a regular and cyclical pattern ("Billing Cycle"). The frequency of your Billing Cycle, whether monthly or yearly, is determined by the specific subscription plan you choose during the Subscription purchase process.
Unless terminated by you or us, your Subscription will automatically continue under identical terms at the conclusion of each Billing Cycle. Should you wish to discontinue the automatic renewal of your Subscription, you have the option to do so either through the account management interface on our website or by reaching out to our customer support representatives.
To facilitate payment processing for your Subscription, we require a valid payment method. This can be a credit card or any other form of payment that we accept. By providing your payment details, you are granting us permission to automatically debit all fees associated with your Subscription from the payment method you've supplied.
Fee Changes
We retain the right to modify the pricing of our Subscriptions at any time, based solely on our judgment. Any adjustments to Subscription fees will take effect upon the completion of your current Billing Cycle.
Prior to implementing any changes in Subscription fees, we will provide you with adequate advance notification. This notice is intended to allow you sufficient time to consider whether you wish to continue your Subscription under the new terms or terminate it before the price change is applied.
Should you choose to continue utilizing our Services after the new Subscription fee has been implemented, this will be interpreted as your acceptance of the revised fee structure. By continuing to use the Services, you are agreeing to pay the updated Subscription fee.
Your Data
You maintain full ownership and control over your data. By using our Services, you extend to us a limited authorization to utilize your data, but only to the extent required for delivering our Services to you and as explicitly allowed within these Terms.
In the course of your interactions with our Services, we may gather information about you and those who use your account, in accordance with the permissions outlined in these Terms.
To enhance and refine our Services, we may employ your data in a manner that ensures your privacy. Specifically, we may use anonymized or aggregated forms of your data, where all personally identifiable information has been removed or combined with data from numerous other users, making individual identification impossible.
Content
Our platform enables you to upload, connect, store, distribute, and make accessible various forms of content, including text, images, videos, and other media (collectively referred to as "Content"). You bear full responsibility for any Content you share through our Services, including its legal status, trustworthiness, and suitability.
When you share Content via our Services, you affirm and guarantee that:
You either own the Content or have the necessary rights to use it and grant us the permissions outlined in these Terms.
Sharing your Content through our Services does not infringe upon any individual's rights, including privacy, publicity, copyright, contractual, or other protected rights.
By uploading Content through our Services, you provide us with a comprehensive license for its use. Specifically, you grant Brew a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, alter, publicly perform, publicly display, reveal, replicate, transmit, distribute, and create derivative works from any portion of your Content. This license applies to all formats and for any purpose related to our Services.
You understand that this license allows us to make your Content available to other users of our Services, who may also utilize your Content as per these Terms. Additionally, you agree that this license permits us to copy, analyze, and use your Content as we deem necessary or beneficial for purposes such as troubleshooting, testing, preventing fraud, implementing security measures, or providing support and development services for current and future iterations of our Services.
While we retain the right to oversee and modify user-provided Content, we are not obligated to do so. We maintain discretion in managing user-generated Content on our platform.
Moreover, any Content found on or provided through our Services, including Content we create or license from third parties ("Company Content"), is the property of Brew or is used with permission. You are prohibited from distributing, altering, transmitting, reusing, downloading, reposting, copying, or using Company Content, in whole or in part, for commercial purposes or personal gain, without our explicit prior written consent.
We value intellectual property rights and expect our users to do the same. If you believe your intellectual property rights have been violated through user Content, please file a complaint following the procedures outlined in the DMCA Policy.
Acceptable Use Policy
This usage policy outlines the guidelines for utilizing our Services. By engaging with Brew's Services, you commit to adhering to these regulations.
a. Prohibited Conduct
You agree to refrain from using our Services for spam or unsolicited mass communication. This includes violating laws such as the CAN-SPAM Act, Canadian Anti-Spam Legislation, GDPR, or any similar regulations. You commit to sending only targeted, consent-based messages via our Service. This means recipients must have explicitly agreed to your communications through methods like product registration, software interaction, opting into your marketing list, or establishing a business relationship.
The use of purchased contact lists, regardless of their origin or claimed consent status, is strictly forbidden when using our Services.
You agree to use our Service in accordance with these Terms and all relevant laws, including but not limited to anti-spam legislation, privacy acts, FTC regulations, and other pertinent policies related to unsolicited emails, privacy, obscenity, defamation, intellectual property infringement, and email registry laws.
In your communications, you must accurately represent yourself or your organization and avoid impersonation. You acknowledge your role as the primary or designated sender of messages sent through our Services, as defined by relevant legislation.
Our Services are not designed for compliance with sector-specific regulations like HIPAA or FISMA. You agree not to use our Services in contexts where such laws apply or in ways that would contravene the Gramm-Leach-Bliley Act (GLBA).
b. Appropriate Use of our Service
We are dedicated to upholding high ethical standards in user communication. To maintain these standards, we reserve the right to immediately terminate service access for any user if we suspect unethical behavior or policy violations.
When using our Services, you agree to:
Abide by all applicable local, state, national, and international laws and regulations.
Avoid using our Service for providing, selling, or offering services related to illegal or inappropriate content.
Refrain from sharing adult content, exploiting minors, or exposing individuals under 18 to inappropriate material.
Protect the privacy of minors by not disclosing their personal information.
Avoid sending abusive, discriminatory, obscene, violent, fraudulent, or illegal content.
Respect intellectual property rights.
Abstain from promoting deceptive practices or pyramid schemes.
Refrain from libelous, defamatory, or threatening activities.
Not use our Service for unsolicited advertising.
Avoid harvesting emails or trading mailing lists.
Not impersonate Brew, its staff, users, or other entities.
Use our Service only for lawful purposes.
Respect others' use of the Service.
Avoid interfering with the Service's proper operation.
Not introduce malicious code or attempt unauthorized system access.
c. Industries Requiring Approval
Prior written consent from Brew is necessary before using our Services for:
Financial products and services
Government services
Pharmaceuticals and telemedicine
Tobacco-related products
Credit card and identity protection services
Other age-restricted goods or services
d. Prohibited Territories
Use of our Services is forbidden for any dealings, engagement, or sales, direct or indirect, associated with: Cuba, Iran, North Korea, Syria, Russian Federation, and the Crimea, Donetsk, and Luhansk regions.
Please report any suspected misuse to hey@getbrew.ai.
Analytics
We may employ external Service Providers to observe and examine how our Services are used.
These third-party entities assist us in gaining insights into the usage patterns of our Services. Their role involves collecting and analyzing data related to user interactions with our platform.
By utilizing our Services, you acknowledge and consent to the possibility that such third-party Service Providers may have access to certain information about your use of our Services. This access is granted solely for the purpose of performing their analytical and monitoring functions on our behalf.
We carefully select these Service Providers and ensure they adhere to strict confidentiality and data protection standards. However, please be aware that their specific data collection and processing practices are subject to their own privacy policies and terms of service.
The information gathered through these third-party monitoring and analysis services helps us improve our Services, enhance user experience, identify potential issues, and make informed decisions about future developments.
If you have any concerns or questions about this practice, please don't hesitate to contact us for more information.
No Use By Minors
Our Services are exclusively designed for individuals who are at least eighteen (18) years old. By choosing to access or utilize our Services, you are affirming and guaranteeing that:
You have attained a minimum age of eighteen (18) years.
You possess the complete authority, legal right, and mental capacity to enter into this contractual agreement.
You are fully capable of understanding, accepting, and complying with all the Terms outlined in this agreement.
This age restriction is in place to ensure that all users are legally capable of entering into binding contracts and to protect minors from potential risks associated with online services. We take this requirement seriously and expect all users to honestly represent their age when accessing our Services.
If you are under the age of eighteen, you are not permitted to use our Services. If we become aware that a user is under the age of eighteen, we reserve the right to terminate their account and restrict their access to our Services.
By continuing to use our Services, you implicitly reaffirm your eligibility in terms of age and legal capacity. Misrepresentation of your age or legal status constitutes a violation of these Terms and may result in immediate termination of your access to our Services.
Accounts
When establishing an account with our platform, you are required to furnish accurate, comprehensive, and up-to-date information at all times. Providing false, incomplete, or outdated information is considered a violation of these Terms and may lead to the immediate suspension or termination of your account and access to our Services.
It is your responsibility to protect the confidentiality of the password you use to access our Services. This includes:
Maintaining the secrecy of your password
Ensuring the security of your account
Taking full responsibility for all activities and actions performed under your account credentials
You explicitly agree not to share your password with any third parties, regardless of their relationship to you or your organization. Sharing your password compromises the security of your account and our Services.
In the event that you become aware of any security breach or unauthorized use of your account, you are obligated to notify us immediately. This prompt notification allows us to take swift action to protect your account and maintain the integrity of our Services.
Remember, you are ultimately accountable for all actions taken through your account. Therefore, we strongly advise you to:
Use a strong, unique password
Regularly update your password
Log out of your account when using shared devices
Be cautious about accessing your account on public networks
By adhering to these practices and promptly reporting any suspicious activity, you help us maintain a secure environment for all users of our Services.
Intellectual Property
The Services we provide, along with all original content (excluding user-generated Content), features, and functionalities, are and will continue to be the exclusive intellectual property of Brew and its licensors. This proprietary ownership extends to all aspects of our Services.
Our Services are safeguarded by various legal protections, including:
Copyright laws
Trademark regulations
Other relevant legislation in the United States
Applicable international laws in foreign countries
These legal protections ensure that our intellectual property rights are preserved and respected.
It's important to note that our trademarks and trade dress are distinctive elements of our brand identity. As such, they are subject to strict usage guidelines:
You may not use our trademarks or trade dress in connection with any product or service without obtaining explicit prior written consent from Brew.
This restriction applies to both commercial and non-commercial use.
Unauthorized use of our trademarks or trade dress may constitute infringement and could result in legal action.
By using our Services, you acknowledge and agree to respect these intellectual property rights. This means refraining from any unauthorized use, reproduction, or distribution of our proprietary content, features, or branding elements.
If you wish to use any of our trademarked materials or trade dress for any reason, you must first obtain written permission from Brew. This ensures that any use of our brand elements aligns with our guidelines and legal requirements.
Error Reporting and Feedback
By sharing information, suggestions, ideas, or concerns about our Services (collectively referred to as "Feedback"), you agree to the following terms:
Intellectual Property Rights: You relinquish any claim to intellectual property rights or other ownership interests in the Feedback you provide. This means you cannot assert any right, title, or interest in the Feedback once it's shared with us.
Similar Ideas: You recognize that our Company may independently develop or already possess ideas similar to your Feedback. The similarity between your Feedback and our existing or future developments does not entitle you to any compensation or recognition.
Non-Confidentiality: You confirm that the Feedback you provide does not contain any confidential or proprietary information, whether it belongs to you or any third party. By submitting Feedback, you're making it non-confidential.
No Obligation of Confidentiality: Our Company is not bound by any confidentiality obligations regarding the Feedback you provide. We may use, disclose, or act upon the Feedback without any restriction or obligation to you.
In essence, by offering Feedback, you're granting us the freedom to use it as we see fit, without any obligations or restrictions. This arrangement allows us to continuously improve our Services based on user input while protecting our ability to innovate independently.
We appreciate your Feedback as it helps us enhance our Services, but it's important to understand that sharing Feedback doesn't create any entitlement or obligation on our part.
Links To Other Websites
Our Services may include links that direct you to external websites or services not under the ownership or control of Brew. It's important to understand our position regarding these third-party resources:
No Control: We do not have any authority over or ability to influence the content, operations, or policies of these external websites or services.
No Responsibility: Brew does not accept any responsibility for the content you may encounter on these third-party platforms. This includes, but is not limited to, the accuracy of information, the appropriateness of content, or the safety of your personal data.
No Endorsement: The presence of links to external sites or services within our platform should not be interpreted as an endorsement or approval of those resources.
User Discretion: We strongly recommend that you exercise caution and use your own judgment when visiting or interacting with any external websites or services.
Terms and Privacy Policies: We urge you to carefully review and understand the terms of service and privacy policies of any third-party websites or services you access through our platform. These external sites may have different rules and data practices than Brew.
Your Responsibility: By choosing to follow links to external sites or services, you do so at your own risk. It's your responsibility to ensure that you're comfortable with the policies and practices of these third-party platforms.
Remember, while we strive to provide valuable resources through external links, we cannot guarantee or be held accountable for your experiences on platforms outside of our control. Always prioritize your online safety and privacy when navigating beyond our Services.
Disclaimer of Warranty
Brew offers its Services on an "as is" and "as available" basis, without providing any explicit or implicit guarantees. This means:
No Warranties: We do not offer any express or implied warranties regarding our Services. This includes, but is not limited to:
Merchantability
Fitness for a particular purpose
Non-infringement of third-party rights
Accuracy and Completeness: We do not guarantee that the information or content provided through our Services is always accurate, complete, or up-to-date.
Service Reliability: We do not assure that our Services will be:
Uninterrupted
Secure
Error-free
Free from defects
Problem Resolution: We do not promise that any issues or defects in our Services will be corrected.
Legal Disclaimer: To the maximum extent allowed by applicable law, we disclaim all warranties related to our Services.
User Responsibility: By using our Services, you acknowledge and accept that you do so at your own risk. You understand that there may be potential inaccuracies, interruptions, or errors.
No Guarantee of Outcomes: We do not guarantee any specific results or outcomes from using our Services.
This approach allows us to provide our Services without assuming liabilities beyond our control. It's important for users to understand these limitations and use our Services with this understanding in mind. If you have concerns about these terms, we recommend consulting with a legal professional to fully understand their implications.
Limitation of Liability
To the maximum extent allowed by applicable law, Brew, its affiliates, officers, directors, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.
In no event shall our total liability to you for all claims exceed the amount you have paid to Brew, if any, for using our Services during the twelve (12) months prior to the cause of action arising. If you haven't made any payments to Brew during this period, our maximum liability would effectively be zero.
This liability limitation applies regardless of the nature of the claim or the type of damages sought. It's designed to protect Brew from potentially extensive damages while still providing our Services. By using our Services, you acknowledge and agree to these terms and the associated limitations on Brew's liability. If you have any concerns about these limitations, we recommend seeking advice from a legal professional to fully understand their implications before using our Services.
Indemnification
By using our Services, you agree to protect and compensate Brew against certain legal and financial risks. Specifically, you commit to defend, indemnify, and hold harmless not only Brew itself, but also its affiliates, licensors, and service providers. This protection extends to the respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns of all these entities.
Your responsibility covers any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees that may arise. This includes, but is not limited to, reasonable attorneys' fees. These potential costs or legal actions must stem from either your violation of these Terms or your use of the Services.
In essence, if your actions while using our Services or any breach of these Terms result in legal action or financial loss for Brew or any of the mentioned associated parties, you agree to take on the responsibility for these consequences. This means you would be obligated to cover the costs of defending against such claims and any resulting damages or penalties.
This indemnification clause is designed to protect Brew and its associates from potential legal and financial repercussions that may result from user actions or violations. It's a standard practice in service agreements, but it's important to understand that it places a significant potential responsibility on you as a user of our Services.
Termination
We reserve the right to terminate or suspend your access to our Services at any time, for any reason, and without providing advance notice or incurring any liability. This includes, but is not limited to, situations where you violate these Terms. Once your access is terminated, your right to use the Services ends immediately.
It's important to understand that certain parts of these Terms remain in effect even after your access to the Services has been terminated. These surviving provisions include, but are not limited to, clauses related to ownership of content, disclaimers of warranties, indemnification responsibilities, and limitations on liability. These sections continue to be binding because they are fundamental to the agreement between you and Brew, regardless of your active use of the Services.
This approach allows us to protect our interests and those of our users, while also ensuring that key legal protections remain in place even after the service relationship has ended. It's designed to provide clarity about ongoing obligations and rights for both parties, even in the event of account termination or service discontinuation.
Governing Law
These Terms are subject to and interpreted under the laws of Delaware, United States. This choice of law applies regardless of any potential conflicts with other jurisdictions' laws. In other words, Delaware law governs these Terms even if you're accessing our Services from a location with different legal standards.
It's worth noting that if we don't immediately enforce a particular right or provision outlined in these Terms, this doesn't mean we're waiving that right or provision. We retain the ability to enforce all aspects of these Terms at any time. Our delay or lack of action in enforcing a right shouldn't be interpreted as giving up that right permanently.
This approach provides a consistent legal framework for interpreting and applying these Terms, regardless of where users are located. It also allows us some flexibility in how we enforce the Terms without compromising our overall rights under the agreement. The choice of Delaware law is common in many business agreements due to the state's well-developed corporate law structure.
Remember, while these Terms are governed by Delaware law, this doesn't necessarily mean that all legal proceedings would take place in Delaware. The specific venue for any potential legal action may be addressed elsewhere in these Terms or determined based on the nature of the dispute and applicable laws.
Changes
We maintain the right to alter or replace these Terms at any point in time, based solely on our judgment. When we make significant changes to the Terms, we will strive to provide you with at least 30 days' advance notice before the new terms come into effect. However, it's important to note that we alone decide what qualifies as a significant or material change.
This approach allows us to adapt our Terms as necessary to reflect changes in our Services, legal requirements, or business practices. The 30-day notice period for material changes is intended to give you ample time to review and understand the new terms before they take effect.
After any revisions to the Terms become effective, your continued use of our Services indicates your acceptance of and agreement to be bound by the updated terms. This means that by accessing or using our Services after changes have been implemented, you're implicitly consenting to the new Terms.
If you find that you don't agree with the new Terms, you have the option to discontinue using our Services. It's your responsibility to review any changes and make this decision.
This policy ensures that our Terms can evolve with our Services while also providing you with the opportunity to stay informed about these changes and make decisions about your continued use of our Services accordingly.
Contact Us
If you have any questions about these Terms, please contact us at hey@getbrew.ai.
