Terms of Service

The following Terms of Service ("Agreement") govern the use of digital infrastructure services and products ("Services") provided by Briefer ("we" or "our"). By accessing or using any part of our Services, you agree to be bound by the terms and conditions outlined in this Agreement. Read the Agreement carefully before using any of our Services. If you do not agree to these terms and conditions, you may not access or use our Services.

Our Services are not intended for use by individuals under the age of 13 (or 16 in the European Union). By using our Services, you represent that you are of legal age to enter into a binding contract. Use of our Services requires registration and creation of an account with Briefer. You agree to provide accurate and complete information during the registration process and will be solely responsible for all activities that occur under your account. It is your responsibility to maintain the confidentiality and security of your account information, including your password and any private tokens or access keys.

This Agreement applies to any upgrades or new features that may be added to our Services. By using any new or upgraded features, you agree to be bound by this Agreement.

Charges, Payments, and Subscription Renewal

Charges

Some of our Services are provided for a fee, while others may be offered in a free tier with optional paid upgrades or additional features ("Paid Services"). By subscribing to any Paid Service, you agree to pay the fees associated with it, which will be billed to you in advance at regular intervals, such as monthly, quarterly, annually, or bienally. These fees are non-refundable, and you agree that we may charge your payment method for the relevant fees.

You can cancel your subscription at any time by contacting our support team, but please note that we will not provide refunds for any unused portion of the service. If you cancel your subscription, your access to the Paid Services will be terminated at the end of the billing cycle. We reserve the right to change the fees for our Paid Services at any time, and such changes will be effective immediately upon notice to you.

Payments

If payment for any of our Paid Services fails or is not received on time, we reserve the right to immediately cancel or suspend your access to those Services. In the event that you contact your bank or credit card company to decline or reverse the charges for any of our Paid Services, we may revoke your access to our Services entirely. We will make reasonable efforts to contact you and notify you of any issues with payment before taking action to cancel or suspend your access.

Subscription Renewal

Our Paid Services are designed to ensure uninterrupted service, which means that they are set up to automatically renew unless you cancel them before the end of the applicable subscription period. By subscribing to a Paid Service, you authorize us to invoice you and collect the subscription fee (plus applicable taxes) through any payment method we have on record for you. The renewal period for your Paid Services will be the same as the initial subscription period.

For instance, if you sign up for a monthly plan, you will be charged each month on the renewal date. As previously mentioned, you can cancel the automatic renewal of your Paid Services at any time by contacting our support team.

Cancellation and refunds

Cancellation of any Paid Service is permitted at any time, but refunds will be issued at our discretion.

Fee changes

We reserve the right to modify our fees at any time, with or without advance notice. If we do make changes to our fees, we will notify you in advance of the changes. If you do not agree with the fee changes, you may cancel the relevant Paid Service at any time.

Intellectual Property Rights.

All Briefer or third party intellectual property rights are exclusively owned by Briefer and are not transferred to you through this Agreement. You acknowledge and agree that Briefer, Briefer.cloud, the Briefer logo, and all other trademarks, service marks, graphics, and logos used in association with Briefer.cloud or our Services, are trademarks or registered trademarks of Briefer or Briefer's licensors. Any other trademarks, service marks, graphics, and logos used in connection with our Services may belong to their respective third-party owners. Your use of our Services does not grant you any rights or license to reproduce or otherwise use any Briefer or third-party trademarks without the prior written consent of the respective owner.

Copyright Infringement and DMCA Policy

Whereas Briefer requires that others respect its intellectual property rights, Briefer equally respects the intellectual property rights of others. If any material on or linked to by Briefer.cloud is suspected to infringe on your copyright, you are urged to notify Briefer in adherence to Briefer's Digital Millennium Copyright Act ("DMCA") Policy. Briefer will respond to all such notices, including, as necessary or appropriate, the removal of the infringing material or disabling all links to the infringing material. If, under suitable circumstances, it is determined that a visitor is a repeat infringer of the copyrights or other intellectual property rights of Briefer or others, Briefer will terminate the visitor's access to and use of the website. Upon such termination, Briefer shall have no obligation to provide a refund of any amounts previously paid to Briefer, and shall not be held liable for any damages or losses resulting from such termination.

Acceptable Use

Your use of the Services is governed by this Acceptable Use Policy. We reserve the right to determine, in our sole discretion, whether any use of the Services violates this policy, and if we determine that it does, we may suspend or terminate your account or provide you with a warning.

Prohibited usage

You are prohibited from engaging in any of the following actions on the platform, and you may not permit any third party, including your end-users, to engage in these actions:

Attempting to access Briefer's platform or any of its services through any means other than the interfaces provided by Briefer or using any automated tools to access or manipulate Briefer's platform or its services.
Uploading, posting, emailing, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or invasive of another's privacy.
Using Briefer's platform to infringe upon any intellectual property rights, including copyright, trademark, or patent rights of others.
Using Briefer's platform to transmit any viruses, worms, or other harmful software or code.
Accessing or attempting to access another user's account without their explicit consent.
Engaging in any activity that could disrupt, damage, or impair the functionality of Briefer's platform or its services, including but not limited to Distributed Denial of Service (DDoS) attacks.
Violating any applicable laws, regulations, or third-party agreements.
Running game servers on Briefer's platform without prior written permission from Briefer.
Performing load testing on Briefer's platform without prior written permission from Briefer.
Using Briefer's platform for any illegal or fraudulent activity.
Impersonating any person or entity or falsely claiming an affiliation with any person or entity in connection with Briefer's platform or its services.
Posting or sharing any content that contains or promotes hate speech, discrimination, or harassment based on race, ethnicity, gender, sexual orientation, religion, or any other characteristic protected by law.
Using Briefer's platform to send unsolicited messages or spam, or to engage in any other form of unauthorized or deceptive marketing.
Attempting to exploit any vulnerabilities in Briefer's platform or its services for personal gain or to harm other users.
Promoting or facilitating any activities or products that are illegal, harmful, or unethical, including but not limited to illegal drug use or human trafficking.
Using Briefer's platform to transmit or distribute any illegal, pirated, or unauthorized software or content.
Violating Briefer's fair use policy or exceeding any usage limits or quotas set by Briefer for its services.
Using Briefer's platform in any way that could cause harm to minors or any vulnerable populations.
Sharing or distributing any user data obtained from Briefer's platform or its services without the explicit consent of the affected users.
Providing false or misleading information to Briefer or its users in connection with the use of Briefer's platform or its services.
Phishing or attempting to deceive other users through the use of fraudulent emails, messages, or websites that mimic Briefer's platform or any of its services or another user's application.

Changes to these terms

We reserve the right to modify or update these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting the revised Terms and Conditions on our website. We may also provide notice to you of such changes by sending an email to the email address associated with your account, or by posting a notice on our website or other public medium of communication associated with our website. Your continued use of the website after any such changes will be deemed acceptance of such changes.

Disclaimer of Warranties

Briefer and its suppliers and licensors provide the Website and Services on an 'as is' and 'as available' basis. To the fullest extent permissible by law, Briefer and its suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Briefer nor its suppliers and licensors make any warranty that the Website and Services will be error-free, accurate, reliable, secure, uninterrupted, or free from other harmful components, or that any defects will be corrected. You understand and acknowledge that you use the Website and Services at your own discretion and risk.

Termination

Briefer reserves the right to terminate or suspend your access to all or any part of our Services, at any time and for any reason, with or without notice, in our sole discretion. You may terminate this Agreement or your Briefer account by discontinuing your use of our Services and, if applicable, stopping payment of charges for any paid plans. Upon termination, all provisions of this Agreement that, by their nature, should survive, shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. We shall have no liability to you or any third party for any termination of your access to our Services, whether or not such termination was with or without cause.

Limitation of Liability.

To the fullest extent permitted by law, neither Briefer nor its suppliers or licensors shall be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Briefer under this Agreement during the twelve (12) month period prior to the cause of action. Briefer shall have no liability for any failure or delay due to matters beyond their reasonable control, including, without limitation, acts of God, acts of government, acts of war, strikes or other labor disturbances, or interruptions of telecommunications or internet services. The limitations and exclusions of liability set forth in this section shall apply to the fullest extent permissible by law and shall not affect any statutory rights that you may have as a consumer under applicable law.

Notwithstanding the foregoing limitations, Briefer acknowledges its responsibility to deliver Services with professional care and skill. While these limitations are necessary for the provision of our Services at the current fee structure, they do not diminish our commitment to addressing service-related concerns in good faith. Briefer maintains internal quality assurance processes designed to prevent service disruptions and data issues, and we endeavor to promptly address any deficiencies that may arise during your use of our Services, subject to the terms herein.

Furthermore, Briefer's operational policies include reasonable technical and organizational measures to protect your data and maintain service availability. These measures include, but are not limited to, periodic security assessments conducted at intervals deemed appropriate within industry norms, backup procedures, and system monitoring. In the event of service disruption or other issues, Briefer will use commercially reasonable efforts to restore Services in a timely manner, though such efforts shall not modify or expand our liability as set forth above.

General Representation and Warranty

You represent and warrant that your use of our Services:

Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from Brazil or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of São Paulo, Brazil, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Briefer shall be brought exclusively in the courts located in São Paulo, Brazil, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits, or proceedings arising out of this Agreement.

Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the arbitration rules of the Arbitration and Mediation Center of the Chamber of Commerce Brazil-Canada in São Paulo, Brazil. The arbitration tribunal shall consist of one arbitrator appointed in accordance with said rules. The language of the arbitration shall be English or Portuguese, at the discretion of the arbitrator. The decision of the arbitrator shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

You and Briefer agree that any arbitration shall be limited to the dispute between Briefer and you individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis; 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.

Enterprise Agreements

For certain qualified customers, Briefer may, at its sole discretion, enter into a separate written agreement (hereinafter "Enterprise Agreement") containing terms that may supplement, modify, or supersede portions of this Agreement. In the event of any express conflict or inconsistency between an Enterprise Agreement and this Agreement, the terms of such Enterprise Agreement shall govern with respect to the specific subject matter addressed therein. For matters not expressly addressed in an Enterprise Agreement, the terms of this Agreement shall continue to apply as supplementary terms.

With respect to cloud-delivered services under an Enterprise Agreement, Briefer may make commercially reasonable updates or modifications to these Terms of Service from time to time. Any such modifications shall apply to cloud-delivered services only to the extent such modifications (i) are necessary to comply with applicable laws, (ii) do not materially diminish the overall security of the services, (iii) do not result in a material degradation of service functionality, or (iv) are otherwise consistent with corresponding modifications made generally to similar services provided to Briefer's other enterprise customers. Briefer shall provide reasonable notice of any material modifications to these Terms of Service that would affect cloud-delivered services under an Enterprise Agreement.

Trial and Evaluation Services

Briefer may, at its sole discretion, offer prospective customers access to the Services for evaluation purposes ("Trial"). The duration of any Trial shall be determined at the time of activation and will be displayed within the customer's account interface. Trials are provided for evaluation purposes only and do not create binding obligations beyond those expressly set forth in this Agreement. All Trials are subject to these Terms of Service unless otherwise specified in writing.

During the Trial period, Briefer may provide various support services to facilitate implementation and evaluation, including but not limited to technical assistance via email, implementation guidance, and optionally, communication through shared Slack channels where available. The level and nature of support provided during any Trial is at Briefer's discretion and may vary based on the scope and requirements of the evaluation.

Upon conclusion of the Trial period, access to the Services will automatically terminate unless converted to a paid subscription. Briefer will provide reasonable notification prior to Trial expiration. Following Trial termination, Briefer maintains a transitional retention period during which customer data, configurations, and other content created during the Trial period may remain accessible through mutually agreed arrangements. The specific duration and terms of such transitional access shall be determined on a case-by-case basis and may be subject to additional conditions. Notwithstanding the foregoing, Briefer ultimately retains the right to decommission Trial environments in accordance with internal data governance policies and applicable legal requirements. Customers are encouraged to communicate their data transition needs prior to Trial expiration to facilitate appropriate continuity planning.

Miscellaneous

This Agreement constitutes the entire agreement between Briefer and you with respect to the subject matter hereof and supersedes all prior or contemporaneous Terms of Services, whether oral or written.

This Agreement may be modified only by a written instrument executed by both Briefer and you. If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall be interpreted to give effect to the parties' original intentions. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of Briefer. Briefer may assign its rights and obligations under this Agreement without your prior consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.