Terms of Service – Brevius

 

Effective date: 02/05/2020

 

Brevius is an online service owned and operated by MPK Technologies Ltd (“Brevius”, “we” and “us”). Please familiarise yourself with the rules and restrictions that govern your use of our website (breviusapp.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions (“Website), products, services and applications (collectively the “Services”).

The term “you” or “User” refers to a “Visitor” (which means that you simply browse the breviusapp.com website), or “Member” (which means that you have registered with breviusapp.com or any of the Services).

 

These Terms of Use (the “Terms”) are a binding contract between you and Brevius. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the Terms and Brevius Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.

 

You may not use the Services and you may not accept these Terms if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Brevius.

 

 

1. Description of the Services

Brevius offers a personal finance information management service that allows you to consolidate and track your financial information. Brevius offers a free app which will assist you in managing your finances.

 

 

2. Modifications

Brevius is constantly trying to improve the Services so these Terms may need to change along with the Services. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services with or without notice. Brevius reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Services, we will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Brevius shall not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

 

We also reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the breviusapp.com website, by sending you an email, and/or by some other means. In addition, the Agreement will always indicate the date it was last revised. If you do not agree with the new Terms, you are free to reject them but this means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

 

 

3. Privacy and your Personal Information

Brevius takes the privacy of its users very seriously. You can view Brevius’ Privacy Policy here and on the Website.

You agree to the applicable Brevius‘ Privacy Statement, and any changes published by us. You agree that Brevius may use and maintain your data according to the Privacy Statement, as part of the Services. Brevius may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.

 

 

4. Your Registration Information

In order to use the Services, you will need to sign up for an account with us. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your UserID e-mail address, allows you to access the Website. That UserID and password form your “Registration Information.” You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your UserID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorised to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

 

By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Website, to that e-mail address. It is your responsibility to update or change that address, as appropriate.

 

If you become aware of any unauthorised use of your Registration or Account Information for the Services, you agree to notify us immediately at: hello@breviusapp.com

 

 

5. Using Plaid as our Principal

Brevius uses Plaid Financial Ltd. (“Plaid”) to collect data from financial institutions from End Users. Brevius is acting as an agent of Plaid. This means Brevius provides the Services on behalf of Plaid who acts as the principal. By using our Services, you also enter into an agreement with Plaid. Please read Plaid’s Terms and Conditions carefully which can be found here (link: https://plaid.com/legal/). You understand that by using our Services and accepting our Terms you automatically accept Plaid’s Terms and Conditions.

 

Plaid Financial Ltd. is regulated by the Financial Conduct Authority under the Payment Service Regulations 2017 as an Authorised Payment Institution (Firm Reference Number: 804718 ) for the provision of payment services. Brevius is not regulated by the Financial Conduct Authority but acts as an agent of Plaid and is registered with the Financial Conduct Authority to provide Services on behalf of Plaid.

 

 

6. Rights you grant us and Plaid

During the registration process, you will be asked to enter your user credentials for your online accounts, such as your bank (“User Credentials”). Your credentials are used to provide us access to review financial transaction information or other account information for your accounts with these third party providers (each, a “Third Party Provider” and such account information your “Account Information”). Please learn more about our use of this information and how we store it in our Privacy Policy and Data Security Policy. You hereby authorise and permit us and Plaid to use the User Credentials submitted by you to perform the Services without any obligation by Brevius or Plaid to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorise Brevius and Plaid to access your Account Information maintained by an identified Third Party Provider, on your behalf.

We use your User Credentials to review your Account Information and perform various services on your behalf like identifying recurring payments.

You grant Brevius a limited power of attorney, and appoint Brevius as your attorney-in-fact, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BREVIUS IS ACCESSING AND RETRIEVING YOUR USER CREDENTIALS AND ACCOUNT INFORMATION, WE ARE ACTING, AS THE AGENT OF OR ON BEHALF OF PLAID AND NOT AS YOUR AGENT.

 

 

7. Offers and Third-Party Links

Some parts of the Services are supported by sponsored links from advertisers and display our offers that may be custom matched to you based on information stored in the Services. Brevius will always make you aware if a particular offer is sponsored.

As part of the Services, we might provide links to websites belonging to Brevius advertisers and other third parties. We do not guarantee, endorse or warrant the products or services available through the Brevius offers and we are not responsible for the activities or policies of those websites. If you purchase services from third parties, you need to familiarise yourself and accept their Terms and Conditions and Privacy Policy.

 

 

8. Your use of the Services is subject to the following additional restrictions

You agree that you will not:

a. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services

b. use “crawls,” “scrapes,”, “spiders”, “robot”, “deep link” or any other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services

c. Jeopardise the security of your Brevius account or anyone else’s (such as allowing someone else to log in to the Services as you or attempt, in any manner, to obtain the password, account, or other security information from any other user)

d. Violate any law or regulation, including any applicable export control laws

e. Use the Services in a way that it is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable

f. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers

g. Use the Service in a way that infringes or violates the intellectual property rights or any other rights of anyone else (including Brevius);

h. Run Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure)

i. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services

j. Copy or store any significant portion of the Content

k. Violate the security of any computer network, or crack any passwords or security encryption codes

Brevius will reserve the right to terminate your use or access to the Services should you violate any of the foregoing.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Brevius, in its sole discretion, may elect to take. In no event will Brevius be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

From time to time, we may include new or and/or updated features. We may share pre-release features and trial use in Services for your use and permit you to provide feedback. You understand and agree that your use of these pre-release features is voluntary and Brevius is not obligated to provide you with any of these features. If you decide to use the pre-release features you agree to abide by any rules or restrictions Brevius may place on them and you understand that once you use them you may be unable to revert back to the earlier version of the same or similar feature. The pre-release features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the pre-release features is at your sole risk.

 

 

9. What are my rights in Brevius?

The contents of the Services, including, but not limited to text, graphics, images, logos and button icons, data, illustrations, photographs, editorial content, notices, software (including html-based computer programs) and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. The Content of the Services belong or are licensed to Brevius or its software or Content suppliers and you promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. Any distribution, reprint or electronic reproduction of any Content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree that you won’t use, modify, copy, publish, broadcast, reproduce, translate, transmit, distribute, perform, , display, license, upload, sell or otherwise exploit for any purpose any Content not owned by you without the prior consent of the owner of that Content or in a way that violates someone else’s (including Brevius’) rights.

 

 

10. Rules for Posting

In the course of using the Services, you and other users may post content on our Website, blogs and bulletin boards. These forums may be hosted by Brevius or by one of our third party service providers on behalf of us. You understand that by providing content to us or in connection with the Services you hereby grant Brevius a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way. You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials.

 

You understand that you are responsible for all content uploaded, posted or stored through your use of the Services. Brevius does not support and is not responsible for any content provided by you. You agree not to use, nor permit any third party to use, the Services to post or transmit any message which is libellous or defamatory, or which discloses private or personal matters concerning any person. You also agree that you do not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offence, give rise to civil liability or violate any law; or that is otherwise inappropriate. You also understand that you are not allowed to post or transmit any message, data, image or program that would violate the property rights of others.

 

 

11. Allegation of Copyright and Trademark Infringements

We respect intellectual property rights of others and we ask users to do the same. If you believe your intellectual property is being used in our Services in a way that it infringes your copyright (or the copyright of someone whom you are authorised to act on behalf of), please provide our Designated Agent (set forth below) the following as required in the Digital Millennium Copyright Act (DMCA):

a. A physical or electronic signature of a person authorised to act on behalf of the owner of the copyright that has been allegedly infringed.

b. Identification of the copyrighted work or materials being infringed or if multiple copyrighted works can be covered by a single notification, a representative list of such works at that site.

c. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed

d. Contact information sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available an email address

e. A statement that the notifier has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.

f. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorised to make the complaint on behalf of the copyright owner.

 

Upon receipt of a bona fide infringement notification by the Designated Agent, Brevius reserves the right to remove or disable access to the infringing material, notify the user that access to the material has been removed or disable and, for repeat offenders, terminate such user’s access to the Services.

 

If the content provider believes that the material should not have been removed for alleged copyright infringement, the content provider may send Brevius a counter-notice containing the following information to the Designated Agent:

a. Identification of the copyrighted material that has been removed or to which access has been disabled and the location where it would have been found prior to removal or where it has been disabled from

b. A statement, under penalty of perjury, that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material

c. A physical or electronic signature of the content provider

d. The content’s provider contact information (name, address, telephone number, and, if available, email address)

 

If a counter-notice is received by the Designated Agent, we may at our discretion, send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice.

 

The Company’s Designated Agent can be contacted at:

MPK Technologies Ltd

840 Ibis Court Centre Park, Warrington WA1 1RL, United Kingdom

hello@breviusapp.com

 

 

12. Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated. You can access all such information and content at your own risk. You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. All your activity in connection with the Services is your responsibility. Brevius is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

 

Please be aware that when you access third party websites or use third party services, that are not owned or controlled by Brevius, you accept that there are risks in doing so, and that Brevius is not responsible for such risks. Links or connections to third party websites may be contained in our Services. You should read the terms and conditions and privacy policy of each third party website or service that you visit or utilise.

We are not responsible for, and we do not have control over, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. We are not verifying, censoring and monitor the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organisations and/or individuals found on or through the Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. It is your responsibility to make whatever investigation you feel necessary or appropriate before you proceed with any online or offline transaction with any of these third parties. Brevius shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

In the event that you have a dispute with one or more other users, you release Brevius, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. Brevius is under no obligation to get involved in any of these disputes.

 

 

13. Use the Services With Your Mobile Device

The Brevius Services may be available through a mobile device, Internet and/or network access and may require software. You understand that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

BREVIUS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

 

 

14. How much does Brevius cost?

It is free to sign up for Brevius. Brevius reserves the right to charge for certain or all Services in the future. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.

 

 

15. Alerts

You may receive automatic and voluntary account-related alerts from time to time. Automatic alerts may be sent to you following certain changes to your account or information, such as changes in your Registration Information.

Voluntary account alerts may be turned on by default of part of the Services. These alerts can be customised by you which means they can also be deactivated.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Brevius may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Brevius shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address you have provided to us. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Because alerts are not encrypted, we will never include your password.

 

 

16. Social Media

Brevius may use social media platforms such as Facebook®, Twitter®, and LinkedIn® that enable online sharing among users. Please be aware that using these platforms is subject to their Terms of Use and Privacy Policies so make sure you read them carefully and understand them.

 

 

17. What if I want to stop using Brevius

You are free to end your relationship with Brevius at any time. You can close your account by logging in to your brevisuapp.com account. You will find a button “delete Brevius account” under “Your Account”. After your confirmation to delete the account, your ability to log in will be deactivated immediately and your Brevius account will be removed within 48 hours subject to and as explained in our Privacy Policy.

Brevius is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.

Further, you agree that Brevius shall not be liable to you or any third party for any termination of your access to the Services.

 

 

18. Not a Financial Planner

Brevius’ Services are intended to provide assistance in your financial organisation. Your personal finance situation is unique and the information you receive through the Services may not be appropriate to your current situation. Before you make any decisions you should obtain additional information and advice from your accountant or other financial advisers who are fully aware of your circumstances.

Neither Brevius, nor the Service we are offering are intended to provide legal, tax or financial advice. Brevius is not a financial planner, broker or tax advisor.

 

 

19. Disclaimer of Representations and Warranties

THE WEBSITE, SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BREVIUS, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS, INCLUDING ITS PRINCIPAL PLAID (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE MAKE NO GUARANTEE ABOUT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY GUARANTEE ABOUT THE AMOUNT OF MONEY YOU MAY SAVE. NEITHER BREVIUS NOR ITS SUPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. NEITHER BREVIUS OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

 

 

20. Limitations on Brevius’ Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BREVIUS AND PLAID SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF BREVIUS OR PLAID HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT.

 

 

21. Your Indemnification of Brevius

You agree to indemnify and hold Brevius, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees), suits, proceedings whether in tort, contract, or otherwise,  that arise out of or relate, in whole or in part, out of or attributable to any breach of this Agreement or any activity by you in relation to the Website or your use of the Services.

 

 

22. Choice of Law and Arbitration

This Agreement shall be enforced by the laws of European governments. Automata reserve the right to choose the jurisdiction. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND BREVIUS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

 

 

23. Miscellaneous

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.