These Terms of Service (“Terms”) form a binding agreement between you (or the entity you represent) and Brazen AI, Corp. (“Brazen.AI”, “we”, “us”) governing access to and use of the Brazen.AI platform, the brazen.ai website, and any related APIs, documentation, and services (collectively, the “Service”).
Acceptance
By creating an account, signing an order form, clicking “Accept”, or otherwise accessing the Service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization.
Eligibility
You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. The Service is intended for business use; consumer use is not supported.
Account & access
You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us promptly at security@brazen.ai if you suspect unauthorized access. We may suspend access where we reasonably believe credentials have been compromised.
License & permitted use
Subject to your compliance with these Terms and payment of applicable fees, Brazen.AI grants you a non-exclusive, non-transferable, revocable right during the subscription term to access and use the Service for your internal business purposes. You may not resell, sublicense, or provide the Service to third parties except as expressly authorized.
Subscription, fees, and billing
Fees, subscription tiers, billing cycle, and renewal terms are set out in the order form or online checkout page applicable to your subscription. Subscriptions auto-renew for successive terms equal in length to the original term unless cancelled in accordance with the order form. All fees are exclusive of taxes.
Customer data & ownership
As between the parties, you retain all rights, title, and interest in the data you submit to the Service (“Customer Data”). You grant Brazen.AI a worldwide, non-exclusive, royalty-free license to host, copy, transmit, and display Customer Data solely as necessary to provide the Service to you and as set out in our Privacy Policy and DPA. We do not sell Customer Data and we do not use Customer Data to train foundation models for third parties; see AI Disclosures.
Acceptable use
Use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the AUP is a material breach.
Confidentiality
Each party may disclose confidential information to the other in connection with the Service. The receiving party will use the same degree of care to protect confidential information as it uses to protect its own confidential information of like kind, and not less than a reasonable standard of care.
Third-party services
The Service integrates with third-party platforms (for example, ad networks, analytics tools, and CRMs). Your use of those services is governed by their own terms; Brazen.AI is not responsible for third-party services or for outcomes that depend on them.
IP rights
Brazen.AI retains all right, title, and interest in and to the Service, including all software, models, prompts, workflows, and documentation we develop. Feedback you provide is licensed to us on a perpetual, irrevocable basis without compensation.
Warranties & disclaimers
The Service is provided “AS IS” and “AS AVAILABLE”. Except as expressly provided, Brazen.AI disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. AI-generated outputs may contain errors and require human review before publication.
Limitation of liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenues, data, or business opportunities. Each party's aggregate liability arising out of or related to the Service will not exceed the fees paid or payable by you to Brazen.AI in the 12 months preceding the event giving rise to the claim.
Indemnification
Each party will defend the other against third-party claims arising from its breach of these Terms or its violation of law in connection with the Service, and will pay damages finally awarded or agreed in settlement.
Termination
Either party may terminate the Service for material breach not cured within thirty (30) days of written notice. Brazen.AI may suspend access immediately for security incidents or for AUP violations that pose risk of harm. Upon termination, your access will cease and we will delete Customer Data per the schedule in the DPA.
Governing law & venue
These Terms are governed by the laws of Delaware, without regard to its conflict-of-laws principles. The exclusive venue for any dispute is Wilmington, Delaware.
Dispute resolution / arbitration
Any dispute arising from these Terms will be resolved by binding arbitration administered by JAMS under its commercial rules, except that either party may seek injunctive relief in a court of competent jurisdiction. Class actions are waived to the extent permitted by law. EEA/UK customers may instead rely on the venue rules of their local mandatory consumer protection law where applicable.
Changes to terms
We may update these Terms from time to time. Material changes will be communicated via email or in-product notice with at least 30 days notice. Continued use of the Service after the effective date constitutes acceptance.
Contact
Legal: legal@brazen.ai
Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808