Terms of Service

TERMS OF SERVICE Last updated Dezember 10, 2024 AGREEMENT TO OUR LEGAL TERMS We are br3vio LLC ("Company," "we," "us," "our"), a company registered in Berlin, United States at Berlin. We operate the mobile application Rizzbro (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by email at [hey@br3vio.com](mailto:hey@br3vio.com) or by mail to Berlin, United States. These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and br3vio LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records. TABLE OF CONTENTS 1. OUR SERVICES 2. INTELLECTUAL PROPERTY RIGHTS 3. USER REPRESENTATIONS 4. PURCHASES AND PAYMENT 5. FREE TRIAL 6. CANCELLATION 7. SOFTWARE 8. PROHIBITED ACTIVITIES 9. USER GENERATED CONTRIBUTIONS 10. CONTRIBUTION LICENSE 11. MOBILE APPLICATION LICENSE 12. SERVICES MANAGEMENT 13. PRIVACY POLICY 14. TERM AND TERMINATION 15. MODIFICATIONS AND INTERRUPTIONS 16. GOVERNING LAW 17. DISPUTE RESOLUTION 18. CORRECTIONS 19. DISCLAIMER 20. LIMITATIONS OF LIABILITY 21. INDEMNIFICATION 22. USER DATA 23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES 24. CALIFORNIA USERS AND RESIDENTS 25. MISCELLANEOUS 26. DISCLAIMER OF LIABILITY 27. CONVERSATION DATA COLLECTION AND USAGE 28. CONTACT US 29. OUR SERVICES The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA). 1. INTELLECTUAL PROPERTY RIGHTS Our intellectual property We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only. Your use of our Services Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to: - access the Services; and - download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [hey@br3vio.com](mailto:hey@br3vio.com). If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. Your submissions Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You are responsible for what you post or upload: By sending us Submissions through any part of the Services you: - confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; - to the extent permissible by applicable law, waive any and all moral rights to any such Submission; - warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and - warrant and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law. 1. USER REPRESENTATIONS By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means. 2. PURCHASES AND PAYMENT We accept the following forms of payment: - You may be required to purchase or pay a fee to access some of our Services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Services. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services. 1. FREE TRIAL We offer a [TRIAL_DURATION]-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial. 2. CANCELLATION You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our Services, please email us at [hey@br3vio.com](mailto:hey@br3vio.com). 1. SOFTWARE We may include software for use in connection 1. SOFTWARE (CONTINUED) We may include software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of that software. We reserve all rights in and to the software not granted to you under these Legal Terms. 2. PROHIBITED ACTIVITIES You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to: - Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. - Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. - Use a buying agent or purchasing agent to make purchases on the Services. - Use the Services to advertise or offer to sell goods and services. - Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein. - Engage in unauthorized framing of or linking to the Services. - Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. - Make improper use of our support services or submit false reports of abuse or misconduct. - Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. - Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services. - Attempt to impersonate another user or person or use the username of another user. - Sell or otherwise transfer your profile. - Use any information obtained from the Services in order to harass, abuse, or harm another person. - Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise. - Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services. - Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services. - Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you. - Delete the copyright or other proprietary rights notice from any Content. - Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. - Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. - Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). - Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, but not limited to, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software. - Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. - Use the Services in a manner inconsistent with any applicable laws or regulations. 1. USER GENERATED CONTRIBUTIONS The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party services and websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that: - The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. - You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms. - You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name, likeness, and/or voice of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms. - Your Contributions are not false, inaccurate, or misleading. - Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. - Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). - Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. - Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. - Your Contributions do not violate any applicable law, regulation, or rule. - Your Contributions do not violate the privacy or publicity rights of any third party. - Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. - Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors; - Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. - Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation. 1. CONTRIBUTION LICENSE By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights to your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 1. MOBILE APPLICATION LICENSE If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of these Legal Terms. 2. SERVICES MANAGEMENT We reserve the right, but not the obligation, to: - Monitor the Services for violations of these Legal Terms. - Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities. - In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof. - In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all 1. SERVICES MANAGEMENT (CONTINUED) - In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files, content, or other information that we believe to be: - Inaccurate, incomplete, or misleading. - Infringing or violating any third party's rights. - Objectionable, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, or defamatory. - Involving or promoting any form of hate speech, hate crimes, or violence. - Involving or promoting any form of harassment, including but not limited to, bullying, stalking, or intimidation. - Involving or promoting any form of exploitation, including but not limited to, exploitation of children or minors. - Involving or promoting any form of gambling, betting, or wagering. - Involving or promoting any form of pyramid schemes, chain letters, or other forms of solicitation. - Involving or promoting any form of spam, including but not limited to, sending unsolicited emails, messages, or other forms of communication. - Involving or promoting any form of malware, viruses, or other forms of malicious software. - Involving or promoting any form of hacking, cracking, or other forms of unauthorized access to computer systems or networks. - Involving or promoting any form of identity theft, credit card theft, or other forms of financial exploitation. - Involving or promoting any form of terrorism, including but not limited to, promoting or glorifying terrorist acts or organizations. - Involving or promoting any form of hate speech, hate crimes, or violence against any individual or group based on their: - Race - Ethnicity - National origin - Religion - Disability - Sex - Sexual orientation - Gender identity - Age - Marital status - Military or veteran status - Any other characteristic protected by law. 1. PRIVACY POLICY We care about your privacy and are committed to protecting it. Please review our Privacy Policy to learn more about how we collect, use, and protect your personal information. 2. TERM AND TERMINATION These Legal Terms will remain in effect until terminated by either you or us. We reserve the right to terminate these Legal Terms and your access to the Services at any time, without notice, and for any reason. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may do so by following the instructions on the Services. 1. MODIFICATIONS AND INTERRUPTIONS We reserve the right to modify or discontinue the Services at any time, without notice, and for any reason. We will not be liable to you or any third party for any modification or discontinuance of the Services. 2. GOVERNING LAW These Legal Terms will be governed by and construed in accordance with the laws of the United States and the state of California, without giving effect to any principles of conflicts of law. 3. DISPUTE RESOLUTION Any disputes arising out of or related to these Legal Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. 4. CORRECTIONS There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time. 5. DISCLAIMER THE SERVICES AND ALL CONTENT, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE TO BE USED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING BY US. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT: - THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. - THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. - THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR "SOLE RISK." 1. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO THESE LEGAL TERMS OR THE SERVICES. OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE TERM OF THESE LEGAL TERMS. 1. INDEMNIFICATION You agree to indemnify and hold us harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, attorney's fees) arising from or related to: - Your use of the Services. - Your breach of these Legal Terms. - Your violation of any applicable law or regulation. - Your infringement of any third party's rights. 1. USER DATA We respect your privacy and are committed to protecting your personal data. Please review our Privacy Policy to learn more about how we collect, use, and protect your personal data. 2. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES These Legal Terms and any other related agreements, whether electronic or in writing, will be treated as if they were executed and delivered by both parties. 3. CALIFORNIA USERS AND RESIDENTS If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 4. MISCELLANEOUS These Legal Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise any right or provision of these Legal Terms will not be considered a waiver of such right or provision. If any provision of these Legal Terms is held to be invalid or unenforceable, such provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will remain in full force and effect. 1. DISCLAIMER OF LIABILITY WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO THE SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO ANY THIRD PARTY SERVICES OR PRODUCTS. 1. CONVERSATION DATA COLLECTION AND USAGE We may collect and store conversation data, including but not limited to, chat logs, voice recordings, and other forms of communication. We may use this data to improve the Services, including but not limited to, training machine learning models and improving natural language processing. 1. CONTACT US If you have any questions or concerns about these Legal Terms or the Services, please contact us at [hey@br3vio.com](mailto:hey@br3vio.com). 2. OUR SERVICES The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).