Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the BriefingMate desktop application, web platform, and companion mobile applications (collectively, the "Service") operated by [Your Company Name/Your Name] ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
01Description of service
BriefingMate is a software application designed to help users capture, manage, and gain insights from desktop notifications and calendar events, with features including daily summaries and cross-platform synchronization. The Service includes a desktop application, a web platform, and companion mobile applications.
02Accounts and subscription
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.
The desktop application's Free plan can be used without an account.
03Use of the service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation.
- To engage in any activity that interferes with or disrupts the Service or the servers and networks which are connected to the Service.
- To attempt to decompile, reverse engineer, disassemble, or otherwise derive the source code of any software comprising or in any way making up a part of the Service.
- To reproduce, duplicate, copy, sell, trade, or resell the Service for any purpose, unless specifically permitted in a separate agreement.
You are solely responsible for the data (e.g., notification content, calendar events) that you process through the Service and for ensuring that your use of such data complies with all applicable laws and regulations, including privacy laws.
04Intellectual property
The Service and its original content (excluding content provided by users, such as notification data), features, and functionality are and will remain the exclusive property of [Your Company Name/Your Name] and its licensors. The Service is protected by copyright, trademark, and other laws of both [Your Country] and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of [Your Company Name/Your Name].
You retain all ownership rights to the content of the notifications and calendar data you process through the Service. By using the Service, you grant us a limited license to access, use, process, and display this data solely to the extent necessary to provide and improve the Service for you.
05Subscription, payments, and renewals (for paid plans)
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are monthly; the Lifetime plan is a single one-time payment and does not renew.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or [Your Company Name/Your Name] cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting [Your Company Name/Your Name] customer support.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide [Your Company Name/Your Name] with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize [Your Company Name/Your Name] to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, [Your Company Name/Your Name] will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes: [Your Company Name/Your Name], in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Refunds: Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by [Your Company Name/Your Name] on a case-by-case basis and granted in sole discretion of [Your Company Name/Your Name].
06Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service, or for paid plans, you can cancel your subscription as described above.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
07Disclaimer of warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. [YOUR COMPANY NAME/YOUR NAME] MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER [YOUR COMPANY NAME/YOUR NAME] NOR ANY PERSON ASSOCIATED WITH [YOUR COMPANY NAME/YOUR NAME] MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER [YOUR COMPANY NAME/YOUR NAME] NOR ANYONE ASSOCIATED WITH [YOUR COMPANY NAME/YOUR NAME] REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
08Limitation of liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
09Indemnification
You agree to defend, indemnify, and hold harmless [Your Company Name/Your Name] and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content processed or posted on the Service.
10Governing law
These Terms shall be governed and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
11Changes to terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.