Terms and Conditions

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND BRAYV.AI LLC, AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "BRAYV.AI," "WE" OR "US") AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH BRAYV.AI RELATED TO THE PLATFORM INCLUDING BUT NOT LIMITED TO ANY WEBSITES, DOMAINS, SUBDOMAINS, APPLICATIONS, OR MOBILE APPLICATIONS OWNED OR DISTRIBUTED BY BRAYV.AI.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. BY PURCHASING A SUBSCRIPTION, PRODUCT, OR SERVICE FROM BRAYV.AI, CREATING AN ACCOUNT, OR UTILIZING THE PLATFORM YOU AGREE TO THESE TERMS. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

brayv.ai reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

1. Use of Platform

1.1. Age Restrictions

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor's use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor's use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor's behalf.

1.2. Platform Account Ownership

Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

1.3. Intended Use

You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to brayv.ai, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider

1.4. Privacy

By using the Platform and providing Information on or through the Platform, you consent to brayv.ai's use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that brayv.ai has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by brayv.ai. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers' data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

1.5. Login Credentials

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify brayv.ai immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. brayv.ai reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in brayv.ai's opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

1.6. Use of Communication Services

The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities, and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws and regulations governing those communications such as the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act, and The Carrier Registry's A2P 10DLC Application/Registration/Approval process for brands and campaigns. You represent and warrant that you understand and will comply with those laws. brayv.ai is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. brayv.ai is a technology platform communication service application provider ONLY. brayv.ai does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction. BRAYV.AI LLC provides messaging/calling platform services only and is not responsible for your legal compliance with Texas telemarketing law (Chapter 302). Your business is solely responsible for determining whether registration is required, maintaining records to support any claimed exemptions, and complying with all applicable laws. Seek legal counsel to assess your obligations.

1.7. Third Party Services

The Platform may leverage or include access to Third Party Services. brayv.ai is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account, and brayv.ai is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), brayv.ai reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. brayv.ai disclaims all liability related to outages or downtime of Third Party Services.

1.8. Third Party Content

The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of brayv.ai. brayv.ai is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

1.9. Content Generated by AI

The Platform may include Content generated by Artificial Intelligence/Large Language Models/Machine Learning or any other name that may arise for computer generated content. You acknowledge that brayv.ai incorporates access to these systems including but not limited to OpenAI, Anthropic, Gemini and others. Your use of these systems is entirely at your own risk and discretion, including but not limited to conversational messages/voices generated by AI, marketing/advertising content, images, videos, and more. brayv.ai is not responsible for AI Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for AI Content. You are responsible for ensuring that your engagement or transactions with AI Content is in compliance with these Terms and any applicable laws.

2. Prices, Payments, & Subscriptions

2.1 Knowledge

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that will be charged.

2.2 Methods of payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Platform. All payments are independently processed through third-party services. Therefore, brayv.ai does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, brayv.ai shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by You.

3. Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which brayv.ai may immediately suspend or termination your Platform Account in accordance with these Terms:

• Any outreach via SMS or social media direct messages utilizing the platform without obtaining prior express opt-in consent from the individual being contacted. No "cold-texts" or "cold DMs."
• Use of the Platform in any way that violates any applicable law or regulation.
• Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
• Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
• Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• Impersonating or attempting to impersonate brayv.ai, a brayv.ai employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform.
• Engaging in any conduct that would may, as determined by brayv.ai, harm Platform users or brayv.ai, or expose either to liability.
• Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
• Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without brayv.ai's prior written consent.
• Use of any device, software or routine that interferes with the proper working of the Platform.
• Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
• Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempting to interfere with the proper working of the Platform.
• Attempting to copy any of the Platform's intellectual property, including but not limited to automation sequences, source code, template websites, template emails, course material, and more.
• Attempting to reverse engineer the Platform.
• Using the Platform in any way that competes with brayv.ai

4. Payment

4.1 Fees

Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.

4.7 Cancellations

You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account. To cancel you must send a clear, unambiguous written notice of cancellation to sales@brayv.ai at least 5 days prior to your renewal date. If you cancel your account at your discretion, you will have access to your account for any remainder of the already fully paid period. No refunds will be issued for unused time, services, or Communications Surcharges or credits.

5. Affiliate Program

brayv.ai offers an Affiliate Program under which customers may receive commissions for referring new accounts to brayv.ai. Your participation in the Affiliate Program is subject to brayv.ai's approval and your acceptance of the Affiliate Agreement. You must establish a payment account linked to your brayv.ai account in order to earn and receive commission payouts. Commissions may be forfeited if brayv.ai is unable to submit payment to your payment account for any reason.

6. Intellectual Property

6.1. Platform Content

The Platform and Platform Content are the property of brayv.ai or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. brayv.ai grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of brayv.ai is strictly prohibited.

7. Disclaimers

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT BRAYV.AI HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

16. Communications and Contact Information

All notices to a party shall be in writing and shall be made via email. Notices to brayv.ai must be sent to support@brayv.ai. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt. brayv.ai may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive electronic communications from brayv.ai, you can click on the "unsubscribe link" provided in such communications or contact us at support@brayv.ai

For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us by email at support@brayv.ai. You may also contact us by mail at:

brayv.ai LLC.
ATTN: Legal Department
85 Broad St, 17th Floor
New York, NY 10004

17. Definitions

17.1. "Communication Surcharges" means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.

17.2. "Feedback" means ideas You provide to brayv.ai regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to brayv.ai's business.

17.3. "Fees" means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.

17.4. "brayv.ai Marks" means the brayv.ai name and related logos and service marks of brayv.ai.

17.5. "Information" means data about You and Your customers that brayv.ai collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.

17.6. "Login Credentials" means the username and password used to access your Platform Account.

17.7. "Platform" means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through brayv.ai's websites or mobile applications.

17.8. "Platform Account" means the account you created in order to access and use the Platform.

17.9. "Platform Content" means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.

17.10. "Prohibited Conduct" means the behaviors described in Section 3.

17.11. "Services" means the variety of product integrations and services that brayv.ai makes available on the Platform. Services may include Third Party Services.

17.12. "Content Generated by AI" means any and all AI derived output accessible or produced in the platform.

17.13. "Third Party Content" means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

17.14. "Third Party Services" means any Services or other services owned and provided by a third party vendor that brayv.ai makes available to You as a Service on or through the Platform.

17.15. "Training" means any training, information or suggested usages conveyed by brayv.ai about the Platform.

17.16. "User Contributions" means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to brayv.ai directly.

17.17. "You" or "you" or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. "You" also includes any and all agents, employees, or third parties that are authorized to act on your behalf.