Terms of Service

1. Terms and acceptance

Please review these Terms of Service thoroughly. Upon acceptance, these Terms of Service, combined with our Privacy Policy, Data Processing Agreement, and Affiliate Agreement (collectively the “Terms”), establish a binding legal agreement between you (or the business entity you represent) and BRAINCHILD GROUP LIMITED, registered in England and Wales, Address: 85 Great Portland Street, First Floor, London, England, W1W 7LT – Company Number: 11424025, including its officers, directors, successors, and assigns (referred to as “Brainchild,” “we,” or “us”). These Terms regulate your access to and use of the platform and all other interactions with BRAINCHILD GROUP LIMITED.

In these Terms of Service, and for the sake of implications, every time the name Briefee is used, it is indeed referring to BRAINCHILD GROUP LIMITED.

If you do not agree with these Terms, you should refrain from accepting them, creating an account, or using the platform. In the event of a discrepancy between these Terms of Service and the additional agreements referenced herein, these Terms of Service will take precedence.

BRAINCHILD GROUP LIMITED retains the right to modify these Terms at any time. All modifications take effect immediately upon posting. Your continued platform use after any revised Terms are posted signifies your acceptance and agreement to the updated Terms.

It is advisable to consult a legal professional to ensure your platform use complies with these Terms and applicable laws.

2. Use of Platform

2.1. Age Restrictions
Minimum Age Requirement: You must be at least 18 years old to utilize the Platform. By agreeing to these Terms, creating an account, or using the Platform, you confirm that you meet this age requirement.

2.2. Use of Communication Services
Responsibility: You are solely responsible for all communications sent using the Platform, ensuring compliance with laws such as the TCPA, the CAN-SPAM Act, and the GDPR. Platform Role: Briefee is a technology platform communication service application provider only and does not originate, send, or deliver any communications.

2.3. Login Credentials
Confidentiality: You are responsible for maintaining the confidentiality of your login credentials. Unauthorized Use: Notify Briefee immediately of any unauthorized access or use of your account or credentials. Account Security: Briefee reserves the right to disable your login credentials if you violate any provisions of these Terms.

2.4. Privacy
Consent and Disclosure: By using the Platform and providing information, you consent to Briefee’s use and disclosure of the information in line with the Privacy Policy. Data Responsibility: Briefee is not liable for the deletion or failure to store any information or content maintained or transmitted on the Platform. Customer Privacy Policy: When giving your customers access to the Platform, you must implement and enforce your own privacy policy that provides protection equal to or greater than that provided by Briefee. Necessary Permissions: You must obtain consent from your customers, ensuring they agree to be bound by your privacy policy.

2.5. Platform Account Ownership
Accurate Information: Using the Platform requires you to provide complete, current, and accurate details when registering for an account. Business Usage: The Platform is designed for business purposes or for activities related to an individual’s trade, craft, or profession. Ownership of Account: As the person agreeing to these Terms, you own the account unless you are acting on behalf of a business entity, in which case the business entity owns the account. Authority Confirmation: If you accept these Terms on behalf of a business entity, you confirm that you have the authority to bind the business entity to these terms.

2.6. Third Party Content
Use at Your Own Risk: Your use of third-party content is entirely at your own risk and discretion. Responsibility: Briefee is not responsible for third-party content and does not endorse or guarantee it.

2.7. Excessive Use Restrictions
Data Use: If your data use is excessive, Briefee may require you to upgrade your services, suspend or terminate your use of the Platform, or reduce your data usage.

2.8. Platform Updates
Right to Modify: Briefee reserves the right to update or change the Platform at any time, including changes that may affect its previous mode of operation.

2.9. Third Party Services
Usability and Accessibility: Briefee is not responsible for the usability or accessibility of third-party services. Account Management: If you pause or delete your account, certain features or functionalities may not be retrievable. Service Costs: Briefee reserves the right to release phone numbers or delete parts of your account if costs are incurred on your behalf related to third-party services.

2.10. Customizations
Customization Responsibility: You are solely responsible for copyright, trademark, or other intellectual property concerns connected with your customizations. Platform Modifications: Briefee may remove any of your modifications without notice or liability.

2.11. International Use
Sanctioned Use: Users from embargoed countries or sanctioned entities are prohibited from using the Platform. Local Compliance: Users accessing the Platform from outside England are responsible for compliance with local laws.

2.12. Intended Use
Lawful Purposes: You and your clients may only use the Platform for lawful purposes and in compliance with these Terms. The Platform must not be used in any manner that breaches applicable laws or regulations or engages in prohibited activities. Compliance and Responsibility: You agree to:

  • Maintain all necessary licenses, permissions, consents, and permits.
  • Be fully responsible for your actions and those of your employees, agents, and clients using the Platform.
  • Ensure all users understand and comply with these Terms.
  • Own or control all rights to any content you provide to Briefee.
  • Cooperate with information requests from law enforcement, regulators, or telecommunication providers.

3. Forbidden Activities

The following actions are strictly prohibited on the Platform. Engaging in any of these behaviors constitutes a significant breach of this Agreement, allowing Briefee to immediately suspend or terminate your Platform Account by these Terms:

  • Engaging in behavior that restricts or interferes with another person’s use or enjoyment of the Platform.
  • Attempting unauthorized access to, tampering with, damaging, or disrupting any part of the Platform, the server hosting the Platform, or any server, computer, or database connected to the Platform.
  • Using the Platform in a manner that could overload, disable, damage, or impair the Platform, or interfere with any other party’s use of the Platform, including their ability to participate in real-time activities.
  • Introducing harmful software such as viruses, Trojan horses, worms, logic bombs, or other malicious or technologically damaging elements.
  • Pretending to be Briefee, a Briefee employee, another user, or any other individual or entity (including, but not limited to, using email addresses associated with any of the aforementioned).
  • Employing automated devices, processes, or methods, such as robots or spiders, to access the Platform for purposes including monitoring or copying its content.
  • Utilizing the Platform to send, receive, upload, download, employ, or reuse any material that is not in accordance with these Terms.
  • Engaging in any conduct that, as determined by Briefee, could potentially harm Platform users or Briefee itself, or expose either to legal liability.
  • Using the Platform to promote, sell, or advertise pornographic content, nudity, firearms, violent material, or anything considered illegal under international law or the laws of the regions where the user operates or sells.
  • Causing any disturbances, inconveniences, discomfort, or property damage while using the services.
  • Utilizing any manual method to monitor or copy any content on the Platform or for any unauthorized purpose without prior written consent from Briefee.
  • Using the Platform to exploit or cause harm, or attempting to exploit or harm any individual in any manner.
  • Executing attacks on the Platform such as a denial-of-service attack or a distributed denial-of-service attack.
  • Engaging in any activities aimed at disrupting the proper functioning of the Platform.
  • Using the Platform in any manner that violates any applicable laws or regulations.
  • Utilizing any device, software, or routine that interferes with the Platform’s proper operation.
  • Using the Platform to distribute or facilitate the distribution of any unlawful advertising or promotional content, such as “junk mail,” “chain letters,” “spam,” or similar solicitations.

4. Payment

4.1. Fees
Timely Payment: Your use of the Platform requires the prompt payment of all Fees. Fees may vary periodically. All Fees exclude Communication Surcharges, which will be billed separately on an invoice. Fees and Communication Surcharges are non-refundable. Fees for subscriptions are billed in advance of services. You agree to provide accurate billing details (name, address, credit card information, and phone number) and notify us of any changes within 10 days.

4.2. Non-Cancellable Fees
Commitment: Some subscriptions necessitate a non-cancellable minimum commitment period, which cannot be canceled until fulfilled. Fees for such commitments will continue to be billed automatically until the minimum commitment is met.

4.3. No Mark-Ups
Pass-Through Fees: You cannot mark up or increase any Briefee Fees passed through to your customers or third parties. You are responsible for all pass-through Fees and associated expenses, including refunds and chargebacks. Briefee is not responsible for resolving disputes between you and your customers regarding pass-through Fees.

4.4. Taxes
Tax Responsibility: You are responsible for all taxes and government assessments related to your use of the Platform and transactions with your customers. Briefee may collect taxes from you as part of the Fees when legally required or deemed appropriate. All determinations regarding tax collection are final, and additional taxes may be collected if deemed necessary. You will indemnify Briefee for all claims related to taxes associated with your activities on the Platform.

4.5. Overdue Amounts
Suspension or Termination: If your credit card company declines or refuses to pay the amount owed for services, we may suspend or terminate your use of the Platform and/or services and require payment of overdue Fees and other amounts incurred. Legal action may be necessary to collect balances due, and you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees.

4.6. Payment Disputes
Dispute Notification: Notify us in writing within 60 days of the billing date for any disputed Fees. You must pay all invoiced Fees while the dispute is pending, or you waive the right to pursue the dispute. You must act reasonably and in good faith to resolve the dispute.

4.7. No Refunds or Credits
Non-Refundable Fees: All Fees are non-refundable. You are responsible for excess Fees incurred due to errors or omissions by you or a third party. Briefee does not provide refunds or credits for such errors or partially used or unused subscriptions. Even if you do not access the service or Platform, you are responsible for all Fees during your subscription term. Briefee reserves the right to issue or deny a refund or credit at its discretion.

4.8. Cancellations
Service Cancellation: You are responsible for canceling services associated with your account and will be responsible for all Fees incurred until cancellation. No refunds will be provided for failure to properly cancel services.

4.9. Financial Transactions Responsibility
Transaction Responsibility: You are responsible for all financial transactions conducted on the Platform or using the services, including billing tool transactions. You are also responsible for all chargebacks related to activities of you and your customers.

5. Affiliate Program

Briefee offers an Affiliate Program allowing customers to earn commissions for referring new accounts. Participation is subject to approval and acceptance of the Affiliate Agreement. You must establish a payment account linked to your Briefee account to receive commission payouts. Commissions may be forfeited if payment cannot be submitted to your payment account.

6. Intellectual Property

6.1. Platform Content
Ownership: The Platform and its content are owned by Briefee or its licensors and are protected by intellectual property laws. Briefee grants you a non-exclusive, revocable license to use the Platform content while using the Platform. Unauthorized use, including reproduction or distribution, is prohibited.

6.2. Briefee Marks
Trademark Use: Briefee Marks are trademarks and service marks that may not be used without written permission. Unauthorized use in connection with products or services not provided by Briefee is prohibited.

6.3. User Contributions
Rights Granted: User Contributions are non-confidential and non-proprietary. You grant Briefee and its licensees the right to use, reproduce, modify, and distribute User Contributions for any purpose. Briefee is not responsible for the content or accuracy of User Contributions.

6.4. Prohibited User Contributions
Restrictions: You are prohibited from posting unlawful, abusive, or infringing User Contributions. Contributions that violate intellectual property rights or compromise platform security are not allowed.

6.5. Feedback
License: By providing Feedback, you grant Briefee a license to use it without restrictions or compensation. Feedback is considered non-confidential and gratuitous.

6.6. Feedback Waiver
Liability Release: You release Briefee from any claims related to the use of Feedback. You agree to indemnify Briefee against any claims arising from the use of Feedback.

6.7. Copyright; Digital Millennium Copyright Act
Infringement Claims: If you believe your intellectual property rights have been violated, notify us per the DMCA procedure. Briefee will investigate and take appropriate action.

7. Disclaimers

The Platform is provided “as is” without any warranties. Briefee is not responsible for any damage or loss of data resulting from your use of the Platform. The Platform may not meet your requirements, and there are no guarantees of uninterrupted, error-free service.

8. Limitation of Liability, Indemnification, and Mitigation

Briefee’s liability is limited to the amount you paid for services in the three months preceding the event giving rise to liability. Briefee is not liable for special, punitive, incidental, or consequential damages. You agree to indemnify Briefee against all claims arising from your use of the Platform.

9. Limitation On Time To File Claims

Any claims arising from these Terms must be filed within three months of the event giving rise to the claim.

10. Injunctive Relief

A breach of these Terms may cause irreparable harm to Briefee. Briefee is entitled to seek equitable relief without posting a bond.

11. Waiver And Severability

Failure to enforce any term does not constitute a waiver. If any provision is found invalid, the remaining provisions will continue in effect.

12. Change of Control

Briefee may assign its rights under these Terms at any time. You may not assign your rights without Briefee’s written consent.

13. Entire Agreement

These Terms constitute the entire agreement between you and Briefee and supersede all prior agreements. Any additional agreements will be part of the overall agreement with Briefee.

14. Term and Termination

14.1. Grounds for Termination
Briefee may suspend or terminate your access for any reason, with or without notice. Inactive accounts for one year may be deleted.

14.2. No Right to Services Upon Termination
Upon termination, your right to use the Platform ceases immediately. Briefee is not liable for any claims arising from termination.

14.3. How to Terminate or Make Adjustments
Provide written notice at least 30 days before your next billing date to terminate access or make adjustments.

14.4. No Termination by Third Party Users
Users who accessed the Platform through third parties must contact the original provider for termination inquiries.

14.5. Force Majeure
Briefee is not liable for non-delivery or delay due to events beyond its control, including labor disturbances, war, fire, and governmental acts.

15. Applicable Law, Binding Arbitration, and Class Action Waiver

The laws of England govern these Terms. Disputes will be settled by arbitration in accordance with the rules of the American Arbitration Association. All claims must be arbitrated individually, not on a class basis.

16. Communications and Contact Information

Notices must be sent via email. Briefee may contact you using the information provided. For technical support or other communications, contact: BRAINCHILD GROUP LIMITED ATTN: Legal Department 85 Great Portland Street, First Floor, London, England, W1W 7LT Company Number: 11424025

© Briefee. All Rights Reserved.