Creatopy

" Downgrades : If you downgrade your Subscription Plan, the change will take effect at the beginning of your next Subscription Plan Term. No refunds, credits, or partial month adjustments will be issued for any unused portion of your current Subscription Plan Term, unless required by applicable law. Policies in Effect : All changes are subject to our then-current Subscription policies, which will be updated from time to time in accordance with these Terms."

"Further, your use of the API is subject to our then-current API specific terms, as may be updated by us at our sole discretion from time to time. In the event of a conflict between these Terms and the API specific terms, the API specific terms shall control. We reserve the right at any time to modify or discontinue your access to the API (or any part of it) with or without notice. The API is subject to changes and modifications, and you are solely responsible for ensuring that your use of the API is compatible with the current version of the specific API terms. Ad Serving . Our Services may allow you to distribute your data (including text, images, audio, videos, brand assets, designs, templates, creative materials, and other content), including any inputs, or outputs that you, your Administrative User or your End Users Post, create, or otherwise provide to our Services (collectively, ” Customer Content ”, “ Your Content ”) to various third-party display advertising networks. You are solely responsible for all of Your Content that you choose to distribute. We are not responsible for any losses or damages of any kind that result from such distribution. Discussions . As part of our Services, we may offer features like chats, forums, message boards, surveys, or contests (“ Discussion Groups ”) where you can post, generate, or share Your Content. Any content you post in Discussion Groups will be treated as Feedback under these Terms. "

" AI Offering . Our Services includes the use of any features that may be identified by us as artificial intelligence (AI) features, or any feature powered by a Large Language Model (“ The Brief AI ”). The Brief may introduce and modify such features from time to time. Your use of The Brief AI is governed by The Brief AI Supplementary Terms . Beta . Features available as part of our Services that are clearly identified as beta or trial (“ Beta Services ”) may not generally be available to customers. Notwithstanding anything to the contrary in these Terms: (i) your use of Beta Services is entirely at your own discretion; (ii) Beta Services may be unsupported and are subject to change at any time without notice and without liability; and (iii) Beta Services may not offer the same level of reliability or availability as our Services. You may provide Feedback on the Beta Services, which we may use and evaluate for its own purposes.WITHOUT LIMITING ANY DISCLAIMERS IN THESE TERMS, BETA SERVICES ARE NOT READY FOR GENERAL COMMERCIAL RELEASE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, ALL BETA SERVICES ARE PROVIDED “AS IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING BETA SERVICES, INCLUDING ANY WARRANTY THAT THE BETA SERVICES WILL BECOME GENERALLY AVAILABLE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. "

" Feedback . We respect and appreciate the thoughts and comments from our customers. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to our Services (collectively, “ Feedback ”), then you hereby grant us a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use the Feedback in any manner and for any purpose, without any further consideration or attribution to you. Usage Data . We will have the right to collect information relating to the provision, use and performance of various aspects of our Services and related systems and technologies, including information concerning your use of the various features and functionality of our Services and analytics and statistical data derived therefrom (collectively, " Usage Data” ). We will be free (during and after the Term) to use Usage Data in de-identified and aggregated form to maintain, improve, and enhance its Services."

" Miscellaneous . Relationship of Parties . The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship between them. Neither party has the authority to bind the other or to act on the other’s behalf, and neither party will represent to any third party that it has such authority. Assignment . You may not assign or transfer these Terms or any rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to Your Content, at any time without notice or consent. Governing Law and Venue . These Terms are governed by the laws of the State of California, without regard to conflict of law principles. You and we submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding permitted under these Terms. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in its entirety from application to this Agreement. Notices . All notices, requests, claims, demands, waivers, and other communications under these Terms (each, a “ Notice ”) must be in writing (electronic mail sufficient) and sent to: legal@thebrief.ai. All notices to you will be sent to the physical address and/or email addresses set forth in your account. "

" Fees and Payment . Fees . If you subscribed to the Pro Subscription Plan you agree to pay us all fees set forth in the Pro Subscription Plan in accordance with the terms therein. Unless otherwise specified herein: (i) all fees are stated and solely payable in US Dollars; (ii) payment obligations are non-cancelable and not subject to deductions; and (iii) fees paid are non-refundable. You are solely responsible for any bank fees, interest charges, finance charges, overdraft charges, and any other fees you incur as a result of the charges billed by us. You agree that at the end of each period- either monthly or annually - during which you have agreed to subscribe to the Pro Subscription Plan (” Subscription Plan Term ”), the Subscription Plan Term will automatically renew, at the then-current applicable fee on the renewal date, unless: (i) you cancel your Pro Subscription Plan before the end of the current Subscription Plan Term, which will take effect at the end of the then current Pro Subscription Plan; or (ii) terminated earlier as provided hereunder. Changes to Your Subscription Plan: You may change your Subscription Plan (including upgrades or downgrades) at any time, subject to the following: Upgrades : If you upgrade your Subscription Plan, the change will take effect immediately. You will be charged a prorated amount for the remainder of your current Subscription Plan Term, based on the difference between the price of your existing plan and the upgraded plan. "

" These Terms apply to individual visitors and to Customers using the Services under the Free or Pro subscription plans as described on the Brief’s website. They do not apply to Team or Enterprise subscription plans, which are governed instead by our Business Subscription Terms of Service . "

" Your Use of the Services . Subscription . You may subscribe to Services by registering for a Free or a Pro subscription plan as detailed on the Brief’s website (“ Subscription Plan ”). Your Subscription Plan shall automatically renew for a period equal in duration to the period during which you have agreed to subscribe to the applicable Subscription Plan (“ Subscription Plan Term ”), unless the termination, discontinuation, or cancellation of your Subscription Plan. Add-ons. We will provide our Services to you according to the applicable Subscription Plan. Additional features and functionality may be made available in the form of Add-ons. Provision of the service; Ownership . Our Services are owned and operated by us. As between the parties, we own all right, title, and interest in Services. Except as expressly set forth herein, you obtain only a limited right to use our Services, and no ownership rights regarding our Services are transferred to you or your End Users under these Terms. Access to the service. Subject to the Terms, we hereby grant you a worldwide, non-exclusive, non-transferable, non-sublicensable license, during the Term, for you and your End Users to access and use our Services. Support . We are under no obligation to provide support for our Services. In instances where we may offer support, the support will be subject to the applicable Subscription Plan. API . We may offer an application programming interface that provides additional ways to access and use our Services and should be considered a part of our Services (“ API ”) subject to these Terms. "

"Further, your use of the API is subject to our then-current API specific terms, as may be updated by us at our sole discretion from time to time. In the event of a conflict between these Terms and the API specific terms, the API specific terms shall control. We reserve the right at any time to modify or discontinue your access to the API (or any part of it) with or without notice. The API is subject to changes and modifications, and you are solely responsible for ensuring that your use of the API is compatible with the current version of the specific API terms. Ad Serving . Our Services may allow you to distribute your data (including text, images, audio, videos, brand assets, designs, templates, creative materials, and other content), including any inputs, or outputs that you, your Administrative User or your End Users Post, create, or otherwise provide to our Services (collectively, ” Customer Content ”, “ Your Content ”) to various third-party display advertising networks. You are solely responsible for all of Your Content that you choose to distribute. We are not responsible for any losses or damages of any kind that result from such distribution. Discussions . As part of our Services, we may offer features like chats, forums, message boards, surveys, or contests (“ Discussion Groups ”) where you can post, generate, or share Your Content. Any content you post in Discussion Groups will be treated as Feedback under these Terms. "

" Fees and Payment . Fees . If you subscribed to the Pro Subscription Plan you agree to pay us all fees set forth in the Pro Subscription Plan in accordance with the terms therein. Unless otherwise specified herein: (i) all fees are stated and solely payable in US Dollars; (ii) payment obligations are non-cancelable and not subject to deductions; and (iii) fees paid are non-refundable. You are solely responsible for any bank fees, interest charges, finance charges, overdraft charges, and any other fees you incur as a result of the charges billed by us. You agree that at the end of each period- either monthly or annually - during which you have agreed to subscribe to the Pro Subscription Plan (” Subscription Plan Term ”), the Subscription Plan Term will automatically renew, at the then-current applicable fee on the renewal date, unless: (i) you cancel your Pro Subscription Plan before the end of the current Subscription Plan Term, which will take effect at the end of the then current Pro Subscription Plan; or (ii) terminated earlier as provided hereunder. Changes to Your Subscription Plan: You may change your Subscription Plan (including upgrades or downgrades) at any time, subject to the following: Upgrades : If you upgrade your Subscription Plan, the change will take effect immediately. You will be charged a prorated amount for the remainder of your current Subscription Plan Term, based on the difference between the price of your existing plan and the upgraded plan. "

" Payment . You will be invoiced monthly or annually in advance, according to your Subscription Plan. All fees are due at the time of purchase. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower. When a Subscription Plan renews, you expressly authorize us to charge the payment method you provided to us for the initial payment, renewal or any other purchase. Changes to Pricing . The Brief reserves the right to change its fees at any time. Changes to pricing that apply to an existing recurring subscription will take effect at the next renewal unless either party elects to not renew. Notice of pricing changes may be provided via email or through our Services forty five (45) days prior to any change taking effect. Taxes . Fees are exclusive of taxes, which we will charge as required by applicable law in connection with our Services. We will use the name and address in your account as the place of supply for tax purposes. All Fees under these Terms shall be paid in full, without any deduction or withholding for taxes, levies, duties, tariffs, or other charges of any nature imposed by any governmental authority. If any such deduction or withholding is required by law, you shall increase the payment to us so that the net amount received equals the amount invoiced. Credits . You may need to prepay for Services by purchasing Credits."

" Your Content . Customer Content . Ownership . As between you and us, to the extent permitted by applicable law, you retain all ownership rights to Your Content. License to The Brief . By Posting Your Content to or using our Services, you grant us a non-exclusive, worldwide, royalty-free license (with the right to use subcontractors) to host, store, use, reproduce, modify as needed for technical purposes (such as formatting or display), and transmit Your Content solely as required for us to provide our Services. This grant of rights includes use of Your Content by us to keep our Services safe and secure, comply with applicable law, and to enforce The Brief’s Acceptable Use Policy and these Terms. Your Responsibilities . You must not Post Your Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of Your Content. To the extent permitted by applicable law, we are not liable for Your Content and disclaim any and all liability in connection with Your Content. You are solely responsible for Your Content and the consequences of providing Your Content via our Services. You represent and warrant that: Your Content will not (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) Your Content could not be deemed"

" Your Content . Customer Content . Ownership . As between you and us, to the extent permitted by applicable law, you retain all ownership rights to Your Content. License to The Brief . By Posting Your Content to or using our Services, you grant us a non-exclusive, worldwide, royalty-free license (with the right to use subcontractors) to host, store, use, reproduce, modify as needed for technical purposes (such as formatting or display), and transmit Your Content solely as required for us to provide our Services. This grant of rights includes use of Your Content by us to keep our Services safe and secure, comply with applicable law, and to enforce The Brief’s Acceptable Use Policy and these Terms. Your Responsibilities . You must not Post Your Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of Your Content. To the extent permitted by applicable law, we are not liable for Your Content and disclaim any and all liability in connection with Your Content. You are solely responsible for Your Content and the consequences of providing Your Content via our Services. You represent and warrant that: Your Content will not (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) Your Content could not be deemed"

" Feedback . We respect and appreciate the thoughts and comments from our customers. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to our Services (collectively, “ Feedback ”), then you hereby grant us a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use the Feedback in any manner and for any purpose, without any further consideration or attribution to you. Usage Data . We will have the right to collect information relating to the provision, use and performance of various aspects of our Services and related systems and technologies, including information concerning your use of the various features and functionality of our Services and analytics and statistical data derived therefrom (collectively, " Usage Data” ). We will be free (during and after the Term) to use Usage Data in de-identified and aggregated form to maintain, improve, and enhance its Services."

" Security and Data Privacy . Security . We will maintain appropriate technical and organizational measures to maintain the security of our Services and Your Content while in our possession. Data Privacy . When using your Services, The Brief’s Privacy Policy applies in cases where we independently act as a data controller under applicable data protection laws, such as when we process your account information (e.g., registration details, billing information, or contact information).You are solely responsible for complying with all applicable privacy and data protection laws in connection with its use of our Services. You should avoid including any information relating to an identified or identifiable individual or any other information defined as “personal data,” “personal information,” “personally identifiable information,” and similar terms under the applicable data privacy laws, that is processed in relation to these Terms (collectively, “ Personal Information ”) in Your Content submitted through our Services, unless such information is necessary for the intended use of our Services. If Personal Information is included in Your Content, You remain the Controller of such Personal Information and are responsible for ensuring you have all necessary rights and lawful bases to collect, share, and use such information. To the extent we process Personal Information on your behalf in connection with your use of the Service, the Data Processing Addendum (“ DPA ”) governs such processing. The DPA, incorporated into these Terms by reference, applies when we act as a data processor or service provider as defined under applicable data protection laws. "

" Your Obligations . Age Restrictions . You may only use our Services if you are of legal age to enter into these Terms according to the applicable laws and regulations in your jurisdiction. Acceptable Use Policy . Your use of our Services is subject to and you must comply with The Brief’s Acceptable Use Policy , which is incorporated into these Terms by reference. We may suspend or terminate your access to our Services for any violation of the Acceptable Use Policy. Account Management . Registration and Administrative User . To access most features of our Services, you must register for an account. If you subscribe to a Pro Subscription Plan, as part of the registration process, you will appoint one or more users that have the authority to manage Customer's account, add or remove End Users, approve purchases, and otherwise act on behalf of you for purposes relating to our Services and these Terms (“ Administrative User ”) for your accounts. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. End Users . If you subscribe to a Pro Subscription Plan, you may enable and/or disable your and your affiliates’ employees, consultants, customers, agents, representatives or any other person authorized by you to use our Services (collectively, “ End Users ”) to access and use our Services in accordance with any limitations under these Terms. "

"Each End User's account is personal to the End User to whom it is issued. Account credentials may not be shared or used by anyone other than the individual to whom they were provisioned. Only End Users may access or use our Services through the log-in methods designated by us, and you are responsible for your End Users' compliance with these Terms and all activities of your End Users. Account Security . You are responsible for maintaining control over your End Users' accounts, including the confidentiality of usernames and passwords. We support login using two-factor authentication (" 2FA "), which is known to reduce the risk of unauthorized use of or access to our Services. We will not be responsible for any damages, losses, or liability to you, End Users, or anyone else if any event leading to such damages, losses, or liability would have been prevented by the use of 2FA. Your Accounts . For your accounts, the Administrative User controls Your Content Posted through our Services under your accounts, regardless of which End User created such content. You bear ultimate responsibility for all activities occurring under your account, including actions taken by Administrative Users and all other End Users. You may establish additional policies governing Administrative User’s and/or End Users' access to and use of our Services, provided such policies do not conflict with these Terms."

"Any changes to the Terms will be posted on this page, and we may also provide notice in other ways (for example, through our Services or by email) if we determine the changes are material. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. Modification of Services : We may, at our sole discretion, modify, update, or discontinue any features, functionality, or components of our Services at any time, with or without prior notice. Your continued use of our Services after changes become effective constitutes acceptance of those changes."