Website Terms & Conditions of Use

1. About the Website

(a) Welcome to www.braiv.co (Website). The Website allows you to access and use the Braiv Services.

(b) The Website is operated by Braiv Tech Pty Ltd, ACN/ABN 14673824292. Access to and use of the Website, or any of its associated products or Services, is provided by Braiv Tech Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

(c) Braiv Tech Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Braiv Tech Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

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2. Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

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3. About the Service

(a) Braiv is an AI-enabled video marketing & sharing platform.

(b) Free & paid accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

(c) Some accounts may be governed by a separate Software Licensing Agreement with Braiv Tech Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

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4. Acceptable Use of the Service

(a) Braiv, its related features, and website must only be used lawfully. Braiv Tech Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:

(i) To engage in any act that would disrupt the access, availability, and security of Braiv and other Braiv Tech Pty Ltd services, including but not limited to:

(A) Tampering with, reverse-engineering, or hacking our servers.

(B) Modifying, disabling, or compromising the performance Braiv or other Braiv Tech Pty Ltd services.

(C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.

(D) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Braiv Tech Pty Ltd.

(b) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.

(c) To stalk, harass or threaten users and any member of the public.

(d) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Braiv Tech Pty Ltd or any third party

(e) To access or search any part of the Service, or any other Service owned by Braiv Tech Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

(f) To post, upload, share, or otherwise circulate content in violation of Braiv’s content policy

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5. Security and Data Privacy

Braiv Tech Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Braiv Tech Pty Ltd’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Braiv Tech Pty Ltd’s processes, policies, and obligations in respect of Braiv security breaches.

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6. Data Use

Braiv Tech Pty Ltd collects, stores, and processes your data on Braiv. The data is used to provide Services to you, as well as to facilitate Braiv Tech Pty Ltd’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Braiv Tech Pty Ltd. The Privacy Policy also addresses Braiv Tech Pty Ltd's processes, policies, and obligations in respect of data encryption and removal requests.

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7. Subscription to Use the Service

(a) In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a member (‘Member’).

(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

(c) Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).

(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to Name & email address.

(e) You warrant that any information you give to Braiv Tech Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(f) Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).

(g) You may not use the Services and may not accept the Terms if:

(i) you are not of legal age to form a binding contract with Braiv Tech Pty Ltd; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services

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8. Payments

(a) Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.

(b) Payments made in the course of your use of Braiv may be made using third-party applications and services not owned, operated, or otherwise controlled by Braiv Tech Pty Ltd. You acknowledge and agree that Braiv Tech Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for Braiv services.

(c) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

(d) You agree and acknowledge that Braiv Tech Pty Ltd can vary the Subscription Fee at anytime and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

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9. Refund Policy

(a) Braiv Tech Pty Ltd offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumer's rights under the Australian Consumer Law.

(b) Braiv Tech Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Braiv Tech Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

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10. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Braiv Tech Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Braiv Tech Pty Ltd or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Braiv Tech Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

(c) Braiv Tech Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Braiv Tech Pty Ltd.

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