Terms of Service

Welcome to Bree AI ("Bree," "we," "us," or "our"). These Terms of Service (the "Terms") govern your access to and use of our website at bree.ai, our related websites, hosted applications, downloadable software, and services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms, including Bree's Privacy Policy (collectively, the "Agreement"). If you do not agree to these Terms, do not use the Service.

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 16. BY ACCEPTING THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN GOING TO COURT.

1. Eligibility

1.1 Age Requirement

You must be at least the age of majority in your jurisdiction (e.g., 18 years old in the U.S.) or older to use the Service. By using the Service, you represent and warrant that you are at least 18 years old or the age of majority, whichever is higher.

1.2 Compliance

You may use the Service only if you can form a legally binding contract with Bree and are not barred under any applicable laws from doing so.

1.3 Entity Use

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In such a case, the terms "you" and "your" will refer to both you as an individual and the organization.

2. Accounts and Registration

2.1 Account Creation

You may need to create an account to access certain features of the Service. When you register, you agree to provide accurate, current, and complete information.

2.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at aditya@trybree.ai if you suspect any unauthorized access to or use of your account.

2.3 Account Suspension or Deletion

We may suspend or delete accounts that we believe, in our sole discretion, are being used in violation of these Terms or any applicable law, or for any other reason at our sole discretion.

3. Fees and Payment

3.1 Paid Services

Certain features of the Service may require payment of fees. You will have the opportunity to review and accept the fees before you incur them.

3.2 Price Changes

Bree reserves the right to change its pricing at any time. We will provide notice of changes by posting updated information on the Service or by other reasonable means. Your continued use of the Service after a price change becomes effective constitutes acceptance of the changed amount.

3.3 No Refunds

Except as required by law, all fees are non-refundable. If we suspend or terminate your account due to your violation of these Terms, you will not receive a refund.

4. License Grant and Restrictions

4.1 Limited License

Subject to your compliance with this Agreement, Bree grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal use, as applicable.

4.2 Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you agree not to:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as expressly permitted by these Terms.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Interfere with or circumvent any feature of the Service, including any security or access control mechanism.

5. User Content and Feedback

5.1 User Content

Certain features of the Service may allow you to submit or upload information, data, text, or other materials ("User Content"). You retain all rights in your User Content, subject to the licenses granted herein.

5.2 License to Bree

By submitting or uploading User Content, you grant Bree a worldwide, non-exclusive, royalty-free license solely to host, process, and transmit your User Content as necessary to provide, maintain, and improve the Service under this Agreement.

5.3 Feedback

You retain all right, title, and interest in any ideas, suggestions, or proposals you voluntarily submit to Bree ("Feedback"). By submitting Feedback, you grant Bree a worldwide, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use, copy, modify, and create derivative works from that Feedback for any purpose, provided that Feedback does not include your Confidential Information or Customer Code.

6. Third-Party Links and Services

6.1 Links to Third Parties

The Service may contain links to third-party websites or resources. We do not endorse and are not responsible for the contents, products, or services on any third-party site. Your use of third-party websites is at your own risk and subject to the terms and conditions of those sites.

6.2 Third-Party AI Providers

We may use third-party AI providers (e.g., OpenAI, Anthropic) to power certain features of our Service. Your use of these AI features indicates your acceptance of those providers' terms and privacy practices, to the extent applicable.

7. AI Data Usage

7.1 No AI Model Training on User Data

Bree does not train its own AI models using your personal or proprietary data without your explicit opt-in consent.

7.2 Limited Data Sharing with Third-Party Providers

To deliver AI-powered functionality, we may share data strictly as needed with third-party AI providers (e.g., OpenAI, Anthropic). This data is used solely to provide requested AI services and is not retained by these providers for their own purposes, including model training, unless you explicitly opt in.

7.3 Data Security and Privacy

We employ reasonable security measures to protect any data you submit. You understand and agree that no method of data transmission or storage is completely secure, and we cannot guarantee absolute security.

7.4 User Responsibility

You agree not to submit any confidential, proprietary, or sensitive information (e.g., personal health data, credit card numbers) to the AI features. Bree disclaims any liability for the content you submit, and you are solely responsible for safeguarding your own information.

7.5 Accuracy of AI Outputs

AI-generated outputs ("Suggestions") may contain errors, omissions, or offensive material. These outputs are provided "as is," without warranties of any kind (see Section 12). You acknowledge that you are responsible for verifying the accuracy and suitability of any AI-generated outputs.

8. Modifications to the Service

8.1 Right to Modify

We reserve the right to modify, suspend, or discontinue all or any portion of the Service at any time, for any reason, and without notice. Bree will not be liable to you or any third party for any such modification, suspension, or discontinuation.

8.2 Updates

We may provide updates, patches, or other modifications ("Updates") to the Service that must be installed for you to continue to use the Service. You agree to promptly install any Updates we provide. We are under no obligation to provide support for the Service.

9. Termination

9.1 Termination by You

You may stop using the Service at any time. If you wish to delete your account, you may do so by contacting us at aditya@trybree.ai.

9.2 Termination by Bree

We may terminate or suspend your access to the Service immediately, without prior notice, if you breach any provision of these Terms or for any other reason at our sole discretion.

9.3 Effect of Termination

Upon termination, all rights and licenses granted to you in these Terms immediately end. Bree shall have no obligation to store or provide you with any data related to your account.

9.4 Survival

Provisions that by their nature should survive termination of these Terms will survive, including sections regarding Indemnity, Disclaimer of Warranties, Limitation of Liability, Arbitration, and General Terms.

10. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Bree, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, the "Bree Entities") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Service; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any third-party right.

11. Intellectual Property

All content, trademarks, service marks, logos, designs, and other intellectual property rights on the Service, other than User Content, are owned by or licensed to Bree. Nothing in these Terms grants you any right to use any of Bree's trade names, trademarks, service marks, logos, domain names, or other brand features.

12. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL CONTENT, MATERIALS, AND FUNCTIONALITIES (SUCH AS AI-GENERATED OUTPUTS), IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free.
• Any particular results may be obtained from the use of the Service or any AI-generated content.
• The Service or the servers that make it available are free of viruses or other harmful components.

13. Limitation of Liability

13.1 Indirect Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BREE ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY.

13.2 Cap on Liability

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BREE ENTITIES EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID BREE, IF ANY, FOR ACCESSING THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

13.3 Basis of the Bargain

You acknowledge and agree that the above limitations of liability form an essential basis of the bargain and that, absent such limitations, Bree would not provide the Service.

14. Privacy Policy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy for information about how we collect, use, and disclose your personal data.

15. Changes to these Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by updating the "Last Updated" date at the top of these Terms, posting a notice within the Service, sending you an email, or by other appropriate means. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must cease using the Service.

16. Arbitration and Class Action Waiver

16.1 Agreement to Arbitrate

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service (collectively, "Disputes") will be settled by binding arbitration in the jurisdiction where you reside, unless otherwise agreed upon in writing by you and Bree.

16.2 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.3 Exceptions

Either party may (a) bring an individual action in small claims court, and (b) seek injunctive or equitable relief in a court of proper jurisdiction if a claim involves intellectual property infringement or violation of any proprietary rights.

16.4 Opt-Out

You may opt out of arbitration within thirty (30) days of first becoming subject to this arbitration provision by contacting us in writing at aditya@trybree.ai. If you do not opt out, this arbitration agreement will remain effective.

17. General Provisions

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of California, without regard to conflict of law principles.

17.2 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Bree regarding your use of the Service.

17.3 Assignment

You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

17.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, the provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in force.

17.5 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right under these Terms shall not constitute a waiver of such right.

17.6 Force Majeure

Bree will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, natural disasters, epidemics, or government action.

17.7 Contact Information

If you have any questions regarding these Terms or the Service, please contact us at: aditya@trybree.ai

By using the Service, you agree to these Terms. If you do not agree, you may not use the Service.