1) INTRODUCTION
Brief S.r.l., headquartered at Via Cagliari, 11 00198 Rome, VAT No. 15692931007, PEC address [email protected] ("BRIEF") governs (i) the access to and use of the software application called “VoiceBrief ("App") and (ii) the use of the services made available through the App, by these Terms and Conditions of Use ("T&C").
Brief is a Software house specializing in the development of mobile applications.
Through the “Brief” App, BRIEF provides users who have downloaded it to their mobile device and use it ("User(s)") with the following services:
(a) ability to create channels for sharing short content audio (briefs). Through the app it is possible to create thematic channels and invite other users to create and/or listen to “briefs".
(b) the ability to search for and follow channels based on your interests. Channels are used to broadcast messages to a wider audience of users (followers) who can listen to the audio but cannot post. In the current version, channels are created by partners selected by Brief; later, a partner programme will be available that will allow all users to create new Briefs.
(c) After authentication and access to the personal profile of the application, the user has the possibility to access the list of favourites, to view the channels followed and to access his own channels published on the platform.
Access to and use of the App is offered by BRIEF to Users free of charge. BRIEF later reserves the right to introduce paid services.
The App is the only means available to Customers to create a profile on the "Brief" platform. Downloading, installing and correctly configuring the App on the Customer's mobile device (including creating an account) are therefore essential conditions for using the App,
These T&Cs constitute a contract between Users and BRIEF governing the use and enjoyment of the App; therefore, please read them carefully.When creating an Account, as defined below, acceptance of these T&Cs is required. If you do not accept them, you will not be able to finalize the Account creation procedure and make use of the Services available in the App.
These T&Cs take effect at the time you accept them or otherwise begin accessing or using the App and will remain in effect until you terminate your access to and use of the App, subject to early termination as described below. If you violate these Terms or other applicable terms or regulations, we may suspend or deactivate your App or account as set forth below.
2) SUMMARY
These T&Cs describe the permitted ways of using the App to enjoy the Services. Violation of or failure to comply with these T&Cs may result in suspension or interruption of the availability of the App; in such cases,BRIEF may in any event have recourse to any further remedy available in accordance with applicable law. The App is provided "as is" (i.e., "as is"); to the fullest extent permitted by applicable law, BRIEF makes no representations or warranties about the same. These T&Cs may be subject to change over time. You are requested to check them periodically to ensure that you are aware of the latest version. BRIEF will make every reasonable effort to notify Users of any updates to these T&C.
3) PERMITTED USES
To the extent that you comply with the provisions of these T&Cs, you may use the App and take advantage of the Services offered therein.
Once the App is downloaded from a virtual store (e.g., Google Play Store, Apple App Store) on which it is made available, the User is required to create a personal account using his/her phone number.
User is granted a license to use one copy of the App for personal, non-commercial use, limited to the uses strictly set forth within these T&Cs, which is non-exclusive, revocable, non-transferable, non-sublicensable, and generally non-transferable to third parties in any capacity or manner ("Use License").
You are not granted ownership of the App or any title thereto outside of the License to Use; You are not granted any right to use the App for commercial or professional purposes (or otherwise for purposes not strictly personal), nor any right, power or authority to sub-license, assign or transfer the App and/or the Services and/or components of the App and/or the Services and/or the License to Use to any third party, without the express prior written consent of BRIEF.
4) USES NOT ALLOWED
BRIEF makes every reasonable effort to protect the App and Users, and it is important that the App not be used in an improper manner or to infringe the rights of other Users or third parties in general.
BRIEF therefore reserves the right to take any and all actions or remedies available under applicable law with respect to conduct that violates the provisions or principles of these T&Cs.
The following paragraphs provide an overview of impermissible uses of the App.
• It is forbidden to share, resell, or make available (for free or for a fee) the App and/or copies thereof (either in the version available for download, or in versions that may have been altered and/or in any way modified) or in general to use the App in any way for commercial, professional, or otherwise deviating from purely personal use (except where expressly permitted by applicable law and/or with the express written consent of BRIEF).
• It is forbidden to cheat, manipulate, technically intervene, circumvent rules or processes, exploit any bugs, use "bots" or auto-clickers or other third-party software, or in any case use the App in a way that does not comply with the provisions and principles set forth in these T&Cs or in a way that impairs, limits, modifies, or otherwise alters the use of the App by other Users.
• Engaging in deceptive, fraudulent or misleading conduct, including phishing other Users' Account data or unauthorized use of other Users' Account, is prohibited.
• Modifying or adapting the App or altering, modifying, adapting, merging, translating, creating derivative works from the App, imitating, disabling the App in whole or in part, tampering with it or in any way altering it is prohibited.
• It is forbidden to remove, disable, modify, add or tamper with any program code, source code, object code or data, content of the App, including any indication attesting to ownership (or other right - e.g. intellectual or industrial property rights, such as trademark ownership or copyright / copyright - legitimately recognized under applicable law), within the App itself.
• It is prohibited to make public, professional or commercial use, for any reason, in any manner and by any instrument or means, of the App without the prior written consent of BRIEF.
• It is prohibited to reverse engineer, decompile, disassemble, decipher, or in any way attempt to obtain or derive the object code or source code of any software or other intellectual property used to provide the App (so-called "reverse engineering").
• It is prohibited to share with third parties (Users and nonUsers) data and information relating to the Account or other information that may be used to access the App, or other information relating to the User.
• It is forbidden to engage in (or attempt to engage in) any conduct - active or omissive - that is likely, even potentially, to interfere with the use of the App by BRIEF, any Partners or other Users, or that is likely, even potentially, to cause prejudice or harm, threat, harassment, annoyance or offense towards BRIEF, any Partners, other Users of the App or third parties in general.
• It is forbidden to use or process the App or any part thereof in a manner that is improper or otherwise contrary to the provisions and principles of these T&Cs, or for purposes that are illegitimate, unlawful or contrary to mandatory rules, public order or public morality.
• In the event that through the App are made available means of interaction with other Users and/or third parties in general and/or the generalized public (by way of example but not limited to, messaging services), and/or communication platforms / publication of content (so-called "user generated content"), Users are solely responsible for any content entered within the App, with the exclusion of any liability of BRIEF, its licensors and successors in title, Partners or third parties in general for conduct engaged in by such Users. In any case, content for any reason entered or made available in the App by Users:
• must be lawful and not give rise to civil, criminal or administrative liability for Users, BRIEF, its principals or assigns, and any Partners, and must not have as their subject matter, promote or mention, directly or indirectly, illegitimate, illegal or unlawful activities, or activities for which there are restrictions on communication and publication/dissemination of content (by way of example but not limited to, gambling, alcoholic beverages, tobacco products, drugs, etc.);
• must relate only to the subjects and/or functions for which the App is used and/or for which the functions of the App that make it possible for Users to transmit content are made available;
• must not infringe on the rights of third parties, including but not limited to intellectual property rights and/or industrial property rights;
• must not contain viruses, worms, logic bombs, bugs, malware, spyware, ransomware, or any other form of data, code, links, or transmitted information even potentially harmful to the computer systems, operating systems, software, and in general devices that receive them and/or have access to them, even potentially;
• must not be directly or indirectly (i.e., not even by means of mentions, quotations or allusions, links to content external to the App) violent, threatening, pornographic, child pornographic, defamatory, discriminatory, racist, offensive (including to political, philosophical and religious beliefs), obscene or in any case morally reprehensible;
• must not be likely to cause prejudice or harm, or to defame natural and/or legal persons;
• must not be directed to organize (or attempt to organize) hate groups, or use or promote hate speech
• must not have content-even where not offensive and/or obscene and/or reprehensible-of a political, religious, philosophical nature;
• must not be directed at marketing or promoting on a commercial basis third parties, products or services of any kind or nature;
• must not be suitable, directly or indirectly, to promote the exploitation of prostitution, including child prostitution;
• must not include or refer (directly or indirectly) to restricted content (e.g., confidential information related to any subject, physical or legal) or related to security issues (e.g., passwords);
• must not directly or indirectly solicit, encourage, invite, support, request, hint at, mention or cause the foregoing or illegal activities or the violation of these T&Cs.
• shall not provide or promote content that infringes or otherwise violates the rights of any other person or third party. You must obtain (and represent and warrant that you possess or have obtained) all necessary rights from all applicable owners to (1) the rights and permissions (2) display, distribute, and publish all information, data, and other content in your app. This includes compliance with all licensing, reporting and payment obligations to third parties.
Subject to compliance with the above, in the United States it is mandatory to comply with all requirements defined in the Digital Millennium Copyright Act.
In the event of conduct inconsistent with the foregoing (and/or otherwise in violation of these T&Cs), User shall be solely and exclusively responsible for and shall also indemnify and hold harmless BRIEF, its licensors and assigns, and any Partners from any and all liability, burdens, costs, expenses, losses, sum penalty, compensation or damages (including any legal fees) due as a result of the conduct adopted and/or in any case arising from disputes, complaints, actions (including judicial), claims and exceptions asserted by third parties and/or the competent administrative and jurisdictional authorities. Should there be reasonable grounds to believe that User's conduct has violated the foregoing, without prejudice to the exercise of any remedy permitted by applicable law to protect the interests of BRIEF, its principals or successors in title and any Partners, BRIEF reserves the right to suspend, terminate, block or delete User's Account and any content entered by User into the App, and/or to suspend or terminate the contractual relationship established through these T&Cs and the License to Use, as specified below. In the event of any such circumstances, BRIEF's determinations in this regard shall be communicated to User with appropriate notice (except to the extent that such notice or such communication prejudices or prevents the exercise of remedies under applicable law).
5) LIMITATIONS OF LIABILITY; WARRANTIES
In the current version, the “Brief” app is available in Beta version, which is being tested before the official release. The sole purpose of this Beta version is to conduct tests and obtain feedback. Brief Srl makes no warranty, expressed or implied, about the suitability or usability of the Beta App, its software, or any of its content. Brief Srl will not be liable for any losses, direct, indirect, special or consequential, suffered by any party as a result of the use of the App Beta, its content or its functionality. In the event that you experience bugs, defects, lack of functionality or other problems with the Beta App, please send an email to: [email protected]
BRIEF, its licensors and assigns, and any Partners are not liable for any damage, prejudice, cost, expense or loss directly or indirectly attributable to the availability, use and enjoyment of the App, except in cases that are imperatively provided for by applicable legislation (by way of example and not limited to, in case of wilful or grossly negligent conduct, or in case of death or personal injury to the User, resulting from BRIEF's act, deed or omission).
The App, together with any updates and any additional content, are provided "as is," meaning "as is," as well as "as available."
Accordingly, to the fullest extent permitted by applicable law, BRIEF, its licensors and assigns, and any Partners, disclaim and provide no warranties and conditions of any kind with respect to the provision, availability, use, and enjoyment of the App, including, but not limited to, warranties of merchantability and/or fitness for a particular purpose.
Similarly, BRIEF, its licensors and assigns, and any Partners do not warrant (i) that the App will meet User's specific needs; (ii) that the App will be free of defects, malfunctions, bugs, suspensions, interruptions, or otherwise be provided error-free; (iii) that any defects, malfunctions, bugs, suspensions, interruptions, or errors will be corrected/resolved (notwithstanding that BRIEF will use reasonable efforts to provide the App free of defects, malfunctions, bugs, suspensions, interruptions, or otherwise error-free, or to resolve or correct them within a reasonable time); and (iv) that the content and quality of any Service (or information, content, data, news, etc. ) obtained by the User through the App will meet the User's expectations and claims.
No information, news, suggestion or advice that may be provided to User by BRIEF and/or its principals or assigns and/or any Partners and/or third parties in general shall constitute a form of warranty.
BRIEF will, upon release of the App and any further versions thereof (and, in any event, as soon as practicable), make every reasonable effort to inform Users of any issues encountered with specific devices and/or operating systems.
In any case, Users are requested to inform BRIEF immediately if problems are found with access, availability, use, or enjoyment of the App and/or its Services and/or its sections, portions, components, and features, so that BRIEF may consider carrying out interventions including in the form of updates to the App. Users are requested to contact BRIEF at the contact details in the section "CONTACT INFORMATION" for communication of any problems encountered in accessing, availability, use or enjoyment of the App and/or its sections, portions, components and functionalities.
6) PERSONAL DATA
The use of the App involves the processing of personal data of the User. Information relevant to the processing of personal data put in place by BRIEF as owner is contained in the Privacy Policy available at the following link: https://voicebrief.app/privacy/
7) INTELLECTUAL PROPERTY
All industrial and/or intellectual property rights on the App are owned by BRIEF, its licensors and assigns, and any third party licensors; the only right granted to the User in relation to the App is the right of use set forth in the User License. The User is not granted any industrial and/or intellectual property rights to the App.
The App may include content on which third parties' intellectual property rights insist, or references to third parties such as (but not limited to) real-world events, natural and legal persons, news, places, facts, happenings. The relevant industrial and/or intellectual property rights (and any further rights, including personal and personality rights, the so-called right of publicity, etc.) are the property of their respective owners, and no license to use the same (nor is any further right granted) to Users.
9) OPERATING SYSTEM
An Internet connection is required to access the App or sections, portions, components or features thereof.
BRIEF will take care to indicate, from time to time (depending on any published versions of the App), including at the download pages on virtual stores (e.g., Google Play Store, Apple's App Store), any minimum device requirements necessary to download, access, and use the App (by way of example and not limitation, the minimum operating system version necessary to download and run the App).
10) SUSPENSION OF ACCESS TO THE APP AND SERVICES; TERMINATION; CANCELLATION
BRIEF may need to temporarily suspend access to the App and/or all or some of the Services at any time to make improvements, maintenance, or for other service management reasons. Where possible, adequate notice will be provided and every reasonable effort will be made to limit the duration of such events and the unavailability of all or part of the App and Services.
Notwithstanding the foregoing paragraphs, and without prejudice to any further remedy available under applicable law in the interest of BRIEF, its principals and successors in interest, and any Partners, BRIEF reserves the right to immediately terminate, in whole or in part, its contractual relationship with You (by, e.g., removal restriction or deletion of the Account and/or termination of User's access to and use of the App) and/or any part thereof at any time, in the event of a violation of the provisions of the paragraph "UNCONSTITUTIONAL USES" of these T&Cs and/or in the event of violations of these T&Cs that by their nature are not susceptible of remedy; BRIEF's determinations in this regard shall be communicated to the User by specific notice (unless the transmission of such notice would prejudice or prevent the exercise of other remedies under applicable law).
Without prejudice to the preceding paragraph, if User has engaged in conduct in violation of these T&Cs that is by its nature susceptible to remedy, BRIEF reserves the right, in its sole and unquestionable discretion, to grant User, upon notice, a reasonable period of time (not less than 15 days, unless a shorter period is required for demonstrated urgency) to engage in conduct designed to remedy the violation of the T&Cs; if within the period granted the User fails to remedy its obligations, BRIEF will proceed with the termination of the existing relationship with the User (with interruption of the 'access / use of the App by the User), without prejudice to any further remedy available under applicable law in the interest of BRIEF and its parents and assigns.
BRIEF reserves the right to terminate (in whole or in part) the existing contractual relationship with the User, as governed by these T&Cs, for any reason whatsoever and at its sole and unquestionable discretion, subject to appropriate prior notice (which in any event shall not be less than 30 (thirty) days). Upon the termination becoming effective, as notified BRIEF, you will no longer be able to access the App.
The User may withdraw from these T&Cs with immediate effect by uninstalling the App. In any case, the rights and obligations assumed by the User towards BRIEF, its principals and users and any Partners prior to the effectiveness of the withdrawal are not affected.
It is in any case understood that the subsequent download and access to the App with the credentials already communicated (without prejudice to the exercise of the rights due to the interested parties in terms of the processing of personal data) will result in the establishment of a new contractual relationship, governed by the T&Cs in force at the time of further download and access to the App.
(11) FINAL DISPOSITION
These T&Cs do not affect any rights granted to the User under regulatory provisions that cannot be waived, excluded or limited under applicable law.
BRIEF reserves the right to transfer contractual relationships with Users (and their related rights and obligations) under the T&Cs to third parties, possible assignees of the App.
In the event, Users will be made aware of this circumstance; BRIEF and/or any third party assignees of the App will make every reasonable effort to ensure that Users' rights under the T&Cs remain unaffected.
On the other hand, it will not be possible for Users to transfer their contractual relationship with BRIEF (and consequently their rights or obligations) under the T&Cs, except with BRIEF's prior express written consent to the transfer.
Failure to immediately exercise (or delay in exercising) any rights granted to BRIEF and its licensors and assigns under these T&Cs and/or applicable law shall not imply acquiescence and/or waiver of such rights (within the statute of limitations and possible forfeiture periods, as governed by applicable law): therefore, BRIEF and its licensors and assigns reserve the right to exercise even deferred exercise of such rights (to the extent and within the terms permitted by applicable law).
If any provision, or part thereof, of these T&Cs is held unlawful, void or for any reason unenforceable, such provision, or the affected part of such provision, shall not affect the validity and enforceability of the remaining provisions.These T&Cs are governed by Italian law.
Any dispute relating to the performance and/or interpretation of these T&Cs (and, more generally, to the performance and/or interpretation of the contractual relationship between the User and BRIEF for the mere purposes of access to and use of the App), shall be deferred to the exclusive jurisdiction of the courts of the place where the User resides or is domiciled.
12) CHANGES AND UPDATES TO THESE T&C
Any changes to these T&Cs that make limitations, restrictions, or otherwise material changes to the rights and/or obligations of the User and/or to the contractual relationship between BRIEF and the User by means of these T&Cs, will be communicated to Users by appropriate means (e.g., email communications, where possible, and notifications via the App) and with appropriate notice with respect to the effective date of the changes.
Within the notice period, Users will be entitled to withdraw from the T&Cs by simply uninstalling the App from all of their devices. On the effective date of the changes to the T&Cs, the App will no longer be accessible to the terminating User.
BRIEF reserves the right to make modifications and updates to these T&Cs without prior notice to Users, where the modifications and updates made are of a non-substantial nature and in any case do not affect - directly or indirectly - the rights and obligations of the User and in general the relationship established between the User and BRIEF by means of these T&Cs (by way of example and not limited to, in the event that the T&Cs are modified in adaptation to additional Services from time to time made available at the App).
The updated version of these T&Cs will always be available and readily available at the App login screen.
13) CONTACT INFORMATION
The contact details of BRIEF are given below:
BRIEF S.r.l.
Via Cagliari, 11 00198 Rome (Italy)
[email protected]
For all technical issues, questions, comments and inquiries, BRIEF can be contacted at the following email address: