Brevi Terms and Conditions

 

 

Last update: 1st January 2022

 

These Terms govern the use of the website - https://brevi.tech (the "Site") and products and services (together with Site, the "Services", "Service", "Application") of Brevi Technologies inc (the "Company", "Owner", "Brevi", "we", "us", or "our").

 

The Version of Services - is Beta Version and must be used and intended only for Testing and Evaluating purposes. The Users must accept and acknowledge that the Beta version is not designed to use in a real-world application.

We do not take responsibility if the User(s) utilize the Company's Services in the Real-world application or share generated "Clinical Dialogue Scribes, Notes, and Tables" with any Testers, Patients, Customers, or their EHR/EMR systems.

The Company and Services are not compliant with "HIPAA" (the Health Insurance Portability and Accountability Act) Privacy Rule, and Users of Services must accept and acknowledge all the risks associated with the HIPAA Privacy Rule.

 

If you do not agree with the Company's Terms and Conditions, please, do not use our Services.

 

The Company Services are dedicated and intended for use by health care providers and the Beta Version tester(s) (together "Users", "User", or the "User(s)"). Our User(s) are responsible for preserving Testers', Patients', their Customers' and any other required privacy policies managing the collection, use, share, and disclosure of Personal Data, and obtaining the required authorizations and consents before any Personal Data are shared with us for use under this Privacy Policy.


Contacts

You can contact us by email at sub@brevi.tech or by mail at:

Brevi Technologies Inc.

530 Lytton Avenue

2nd Floor

Palo Alto, CA, 94301

USA

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section generally apply when using the Company Services.

Single or additional conditions of use or access may apply in specific scenarios, and in such cases, they are additionally indicated within this document.

By using Services, User(s) confirm to meet the following requirements:

         User(s) must be older than 18;

         User(s) aren't located in a country that is subject to a U.S. Government embargo or the U.S. Government has designated that as a "terrorist-supporting" country;

         User(s) aren't listed on any U.S. Government list of prohibited or restricted parties.

Account registration

To use the Services, the User(s) must register or create the User account by providing all required data or information completely and truthfully.

 

Failure to do so will cause unavailability of the Services.

 

User(s) are responsible for keeping their login credentials confidential and safe. For this reason, User(s) are also required to choose passwords that meet the highest standards of strength permitted by the Site.

 

By registering, the User(s) agree to be fully responsible for all activities that occur under their username and password.

 

The User(s) are required to promptly inform the Company via the contact details indicated in these Terms if they think their personal information, including but not limited to the User(s) accounts, access credentials, or Personal Data, has been violated, infringed, unduly disclosed, or stolen.


Conditions for account registration

Registration of the User(s) accounts on this Site is subject to the conditions outlined below. By registering, the User(s) agree to meet such requirements.

         Accounts registered by bots or any other automated methods are not permitted.

         Health care providers are permitted to create accounts strictly for testing and evaluating purposes;  

         Testers are permitted to create and register accounts strictly for testing and evaluating purposes.

 

Account termination

The User(s) can terminate their account and stop using the Services at any time by using the tools provided for account termination on the Site or by submitting requests to the Company.

 

Account suspension and deletion

The Company reserves the right, at its sole option, to suspend or delete at any time and without notice the User(s) accounts which it deems inappropriate, offensive, or in violation of these Terms.

 

The suspension or deletion of the User(s) accounts shall not entitle the User(s) to any compensations, damages, or reimbursement claims.

 

The suspension or deletion of accounts due to causes attributable to the User(s) does not exempt the User(s) from paying any applicable fees or prices.

Content on this Application

The User(s) understand and agree that our Services, data generated by our Services, or information and links on this Application do not constitute the practice of any professional medical and clinical suggestions, diagnosis, or treatments. Our Services are not required to use during Clinical Dialogues. The User(s) agree and understand that they are fully responsible for assessing the accuracy and truthfulness of any Clinical Dialogue information, content, transcriptions, scribes, and summaries generated or provided by the Services. The User(s) should not use Services and generated information, Clinical Dialogue Scribes, Notes, Tables, or any other data in the Site as an instruction of clinical or medical suggestions, diagnosis, or treatments, and must consult and get advice from the healthcare professionals.

 

Brevi uses the Microsoft Azure Cognitive Speech services to transcribe the examinations and consultations of Clinical Dialogues into Transcription. The User(s) must accept and acknowledge that the software can make errors while transcribing Clinical Dialogues into transcriptions.

 

The Company's software automatically generates all scribes and summaries of "Clinical Dialogue Scribes, Notes, and Tables," which can make mistakes for many different reasons that The Company can not control. The User(s) must accept and acknowledge that the software can make errors while generating Clinical Dialogue Scribes, Notes, and Tables.

Content provided by the User(s)

By providing content to the Company, the User(s) guarantee that they are legally allowed to do so and that the User(s) are not violating any statutory provisions or third-party rights. Users admit that all Content in their account is their sole responsibility. The User(s) are fully responsible for all Content they post, upload, or otherwise transmit via the Services.

 

Rights regarding content provided by the User(s)

The User(s) acknowledge and accept that by providing their own and customers' content on this Application, they grant the Owner a non-exclusive, fully paid-up, worldwide and royalty-free license to use, reproduce, modify, edit, adapt, translate, publish, share, publicly display, publicly perform, distribute, reproduce, reformat, and create derivative works from any Content that you submit, post, or display on or through the Service.

 

To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Application.

 

Liability for provided content

The User(s) are solely liable for any content they upload, post, share, or provide through this Application. The User(s) acknowledge and accept that the Company does not filter or moderate such content.

 

However, the Company reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading the User(s) access to this Application:

         if any complaint based on such content is received;

         if a notice of infringement of intellectual property rights is received;

         upon order of a public authority; or

         where the Company is made aware that the content while being accessible via this Application may represent a risk for the User(s), third parties and/or the availability of the Services.

 

The removal, deletion, blocking, or rectification of content shall not entitle the User(s) who have provided such content or that are liable for it to any claims for compensation, damages, or reimbursement.

 

The User(s) agree to hold the Company harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

Access to external resources

Through this Application, the User(s) may have access to external resources provided by third parties. The User(s) acknowledge and accept that the Company has no control over such resources and is therefore not responsible for their content and availability.

 

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Application and the Services may only be used within the scope of what they are provided for, under these Terms and applicable law.

 

The User(s) are solely responsible for making sure that their use of this Application and/or the Services violates no applicable law, regulations or third-party rights.

 

Therefore, the Company reserves the right to take any appropriate measure to protect its legitimate interests including by denying the User(s) access to this Application or the Services, terminating contracts, reporting any misconduct performed through this Application or the Services to the competent authorities – such as judicial or administrative authorities - whenever the User(s) engage or are suspected to engage in any of the following activities:

         violate laws, regulations and/or these Terms;

         infringe any third-party rights;

         considerably impair the Company's legitimate interests;

         offend the Company or any third party.

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

 

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

 

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.

 

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

US Users

Disclaimer of Warranties

This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users' computer system or mobile device or loss of data that results from such download or Users' use of the Service.

 

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users' web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

 

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

         any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and

         any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;

         any errors, mistakes, or inaccuracies of content;

         personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

         any unauthorized access to or use of the Owner's secure servers and/or any and all personal information stored therein;

         any interruption or cessation of transmission to or from the Service;

         any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;

         any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

         the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

 

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

 

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

         User's use of and access to the Service, including any data or content transmitted or received by User;

         User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms;

         User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

         User's violation of any statutory law, rule, or regulation;

         any content that is submitted from User's account, including third party access with User's unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

         User's wilful misconduct; or

         statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

 

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

 

Additionally, the Service might not be available due to reasons outside the Owner's reasonable control, such as "force majeure" (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the Privacy Policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

 

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

 

Such changes will only affect the relationship with the User for the future.

 

The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

 

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

 

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

 

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

 

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

 

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

 

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

 

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

 

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.