Last Updated: January 12, 2022
2. Changes to the Terms or Service. We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3. Who May Use the Services
a. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Briefly and are not barred from using the Services under applicable law.
b. If you want to use certain products or features of the Services you may have to create an account (“Account”). You may do this via the Site or through your account with certain third-party social networking services such as Google (each, an “Social Media Service”). If you choose the Social Media Service option we’ll create your Account by extracting from your Social Media Service certain personal information such as your name and email address and other personal information that your privacy settings on the Social Media Service permit us to access.
c. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
a. For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Subject to your compliance with these Terms, Briefly grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view the Site and all Content therein solely for your personal and non-commercial purposes. See the Section below titled “Additional Terms for the Briefly Google Chrome Extension Product” for your license to use the Product.
b. Briefly and its licensors exclusively own all right, title and interest in and to the Services and Content (excluding any Content you provide, the Transcripts or the Summaries), including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
5. General Prohibitions
a. You agree not to do any of the following:
i. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
ii. Use, display, mirror or frame the Services or any individual element within the Services, Briefly’s name, any Briefly trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Briefly’s express written consent;
iii. Access, tamper with, or use non-public areas of the Services, Briefly’s computer systems, or the technical delivery systems of Briefly’s providers;
iv. Attempt to probe, scan or test the vulnerability of any Briefly system or network or breach any security or authentication measures;
v. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Briefly or any of Briefly’s providers or any other third party (including another user) to protect the Services or Content;
vi. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Briefly or other generally available third-party web browsers;
vii. Use any meta tags or other hidden text or metadata utilizing a Briefly trademark, logo URL or product name without Briefly’s express written consent;
viii. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
ix. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
x. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
xi. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
xii. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
xiii. Impersonate or misrepresent your affiliation with any person or entity;
xiv. Violate any applicable law or regulation; or
xv. Encourage or enable any other individual to do any of the foregoing.
b. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
c. You represent and warrant that your use of the Services, and any Content you provide, will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6. Additional Terms for the Briefly Google Chrome Extension Product
a. The Briefly Google Chrome Extension provides you with an estimated transcription of your Google Meet video meetings (“Transcript”), in addition to summaries, action items or other information (collectively, “Summaries”) about such meetings. The Product is currently available to limited beta testers, by invite only and solely for testing and evaluation purposes. Subject to your compliance with these Terms, Briefly grants you a non-exclusive, revocable license to access and use the Product solely for testing and evaluation purposes only. You expressly understand and agree that Briefly may revoke your right to use the Product at any time with or without notice to you. We currently do not charge for the use of the Product, but may do so at any time, with notice to you.
b. The Summaries are generated by artificial intelligence services provided by OpenAI. As such, you agree (1) we are permitted to submit your Transcripts to artificial intelligence services and (2) you will, at all times, abide by the OpenAI Service Terms, OpenAI Sharing & Publication Policy, OpenAI Usage Policies, and OpenAI Terms of Service, any other OpenAI terms applicable to your use of OpenAI products or services as integrated in our Product.
c. You are solely responsible for compliance with all recording laws that are applicable to your use of the Product. The Product contains functionality to notify all meeting participants the Product is audio recording and therefore a Transcript is being generated. You agree to not interfere or otherwise disable such notification functionality. If your meeting participants do not consent to being recorded, they can choose to leave the meeting. By using the Product, you are giving Briefly affirmative consent to audio record the meetings (and store such recordings if such recordings are stored in our systems).
d. Briefly does not claim any ownership rights in your Transcripts or the Summaries, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Transcripts or your Summaries. You hereby grant to Briefly a perpetual, non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, your Transcripts and Summaries solely (i) in connection with operating and providing the Services to you or (ii) for our internal use to improve our products and services.
e. Your Transcripts and Summaries are stored locally on your machine, in your Chrome browser cache. As such, if you delete your browser cache, you will not be able to see your Transcripts or Summaries. BRIEFLY WILL NOT BE ABLE TO PROVIDE YOU WITH A COPY OF YOUR TRANSCRIPTS OR SUMMARIES, AND AS SUCH, WE RECOMMEND YOU ROUTINELY CREATE YOUR OWN BACKUP COPIES OF YOUR TRANSCRIPTS AND SUMMARIES.
f. EXCEPT TO THE EXTENT PROHIBITED BY LAW, THE PRODUCT IS CURRENTLY OFFERED “AS-IS”. WE MAKE NO GUARANTEE OR ANY REPRESENTATIONS OR WARRANTIES FOR THE PRODUCT, INCLUDING ANY WARRANTY THAT THE TRANSCRIPTS, SUMMARIES OR ANY OTHER INFORMATION PROVIDED BY THE PRODUCT WILL BE ACCURATE, COMPLETE, ERROR-FREE, GENERALLY AVAILABLE, UNINTERRUPTED, OR THAT IT WILL BE SECURE OR YOUR INFORMATION AND DATA IS NOT LOST OR DAMAGED.
g. YOU AGREE THAT THE PRODUCT: (A) IS NOT COMPLETE IN DEVELOPMENT AND HAS NOT BEEN COMMERCIALLY RELEASED; (B) MAY NOT BE RELIABLE, FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, DESIGN FLAWS, OR OTHER PROBLEMS, INCLUDING PROBLEMS THAT MAY ADVERSELY IMPACT THE OPERATION OF YOUR INFRASTRUCTURE; (C) MAY NOT HAVE BEEN EVALUATED FOR REGULATORY COMPLIANCE AND MAY NOT MEET REQUIREMENTS FOR TRANSMITTING, STORING, CREATING, OR OTHERWISE PROCESSING ELECTRONIC PROTECTED HEALTH INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, PERSONAL INFORMATION, OR OTHER SENSITIVE OR CONFIDENTIAL INFORMATION AND YOU SHALL NOT USE ANY BETA OFFERING FOR SUCH PURPOSES; (D) WHEN USED, MAY RESULT IN UNEXPECTED RESULTS, LOSS OF CONTENT OR DATA, OR OTHER UNPREDICTABLE DAMAGE OR LOSS TO YOU.
h. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU. WE DO NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY TRANSCRIPT, SUMMARY, OTHER INFORMATION OR COMMUNICATIONS BETWEEN USERS. BRIEFLY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. USE IS AT YOUR OWN RISK.
7. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose, without any obligation to pay you for such use.
8. DMCA/Copyright Policy. Briefly respects copyright law and expects its users to do the same. It is Briefly’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
9. Links to Third Party Websites or Resources. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
10. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
11. Warranty Disclaimers. THE SERVICES, PRODUCTS AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
12. Indemnity. You will indemnify and hold harmless Briefly and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your Content, or (iii) your violation or breach of these Terms, any third party terms and conditions in connection with the use of the Services or Content, or applicable law.
13. Limitation of Liability
a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRIEFLY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT, OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF BRIEFLY OR ITS AFFILIATES, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BRIEFLY AND ITS AFFILIATES’ MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00).
b. THE PARTIES AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS MATERIAL TO THIS AGREEMENT, AND THAT THESE LIMITATIONS APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. Dispute Resolution. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Any dispute or claim relating in any way to the Services will be adjudicated in the state or Federal courts in San Francisco, California and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
15. Miscellaneous Terms
a. These Terms constitute the entire and exclusive understanding and agreement between Briefly and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Briefly and you regarding the Services and f. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
b. You may not assign or transfer these Terms, by operation of law or otherwise, without Briefly’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Briefly may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
c. Any notices or other communications provided by Briefly under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
d. A party’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Briefly. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. Contact Information. If you have any questions about these Terms or the Services, please contact Briefly at email@example.com. You can send us mail to 3131 McKinney Ave. Suite 502 PMB 75291, Dallas, TX 75204-2426 or reach us by phone at 985.235.0664.