Summary

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Welcome to Breyta

We're glad you're here. These Terms and Conditions explain how to use our application at https://breyta.ai. We've tried to make them as clear and helpful as possible.

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Getting Started

To use Breyta, you'll need to create an account. Please provide accurate information when you sign up. Keep your login details safe and don't share them with anyone. If you think someone else might have access to your account, let us know right away at hello@breyta.ai.

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Using Breyta

When you use Breyta, you're responsible for what you do with it. Make sure you're not breaking any laws or infringing on anyone else's rights. While we've worked hard to make Breyta reliable, remember that it's a tool to help you, not a replacement for your own judgment or expertise.

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Your Data and Privacy

We care about your privacy. We won't share your input or output with anyone else. We might look at it to help you if you need support or to make sure everyone's following the rules.You can delete your account anytime by emailing us at hello@breyta.ai. We'll delete your data after 12 months unless we've agreed otherwise.

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Availability and Updates

We'll do our best to keep Breyta up and running, but sometimes we might need to do maintenance or updates. We'll try to let you know in advance when this happens.

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Intellectual Property

We own Breyta, but you own the content you upload (or that it doesn't infringe on any copyrights). You can't use Breyta to make a competing product, though.

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Changes to These Terms

We might need to update these terms sometimes. We'll let you know if we make any big changes. By continuing to use Breyta after changes, you're agreeing to the new terms.

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Questions?

If you have any questions about these terms, just email us at hello@breyta.ai. We're here to help. Remember, by using Breyta, you're agreeing to these terms. If you don't agree, please don't use the application.

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Terms and Conditions 

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General 

These Terms and Conditions govern the use of the Breyta application, available at https://breyta.ai (the "Application"). 

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The Application is delivered by Breyta AS, organization number 927 668 734 ("Breyta"). Breyta may be contacted at hello@breyta.ai.

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The Terms and Conditions are applicable to any individual or legal entity that uses the Application or has entered into an agreement with Breyta regarding its use (the "User")

Users that are legal entities are responsible for ensuring that all individuals, including employees, to whom they grant access to the Application are informed of and agree to comply with these Terms and Conditions.

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The data processing agreement, available here, governs the processing of personal data by Breyta on behalf of legal entities, unless otherwise agreed. 

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Registration

To use the Application, Users must create a user account providing all required data or information in a complete and truthful manner.

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Users are responsible for keeping their login credentials confidential and safe and to not make their account available for anyone else.

Users must immediately notify Breyta at hello@breyta.ai if they suspect that their login credentials, including usernames or passwords, have been stolen, compromised, or accessed without authorization.

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Deletion of account and data 

Users can delete their account at any time by contacting Breyta at hello@breyta.ai.

Unless otherwise agreed, Breyta will permanently delete any input and output after a period of twelve (12) months. 

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Use of the Application 

Users are responsible for all activities conducted under their username and password. For the avoidance of doubt, legal entities are responsible for all activities conducted under any accounts created or used by individuals, such as employees, acting on behalf of or with the authorization of the legal entity.

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Users must ensure that their use of the Application complies with all applicable laws, regulations, and third-party rights. This responsibility includes verifying that any input provided to the Application does not infringe upon any applicable laws or third-party rights. 

Users may not modify, adapt, distribute, reproduce, duplicate, copy, sell, resell, license, sublicense, decompile, disassemble, reverse engineer any part of this Application and its source code without the express prior written consent of Breyta. Output may not be used to develop a competing application. 

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The use of the Application is at the User's own risk. Breyta does not warrant that the output provided through the Application is accurate, reliable or correct. Users must not rely on the output from the Application as the sole source of truth, factual information, or as a substitute for professional advice. It is the User's responsibility to evaluate the accuracy, reliability, and appropriateness of the output for their specific use case, including conducting human review where necessary before using or sharing any output generated by the Application. Users may not represent that the output of the Application is generated by a human.  

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Account suspension and deletion

Breyta reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms and Conditions or applicable law.

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The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

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

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Availability 

Breyta makes no guarantees that the service will be available at all times. Breyta reserves the right to perform maintenance, implement system updates, or make other changes, and will inform Users appropriately in advance, whenever possible.

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Intellectual Property Rights 

Breyta retains all rights, title, and interest in and to the Application, including but not limited to its design, source code, features and all associated intellectual property. 

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The User retains full ownership rights to their input and holds all rights, title, and interest, if applicable, in and to the output generated by the Application. Users are not granted any rights, title and interest to output from other users, even if the output is similar. Breyta is granted a limited license to the User's input and output for support purposes. 

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Liability and indemnification

Breyta disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

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Breyta’s liability for damages resulting from unavailability or use of the Application shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law. Breyta is not liable for any indirect or consequential damages, such as loss of data or loss of profit. 

The limitations do not apply in the event of gross negligence or wilful misconduct.

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The User agrees to indemnify, defend, and hold harmless Breyta from and against all claims, liabilities, losses, damages, judgments, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any third-party claims resulting from the User's use of the Application. 

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Breyta will indemnify, defend, and hold harmless the User from and against all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any allegation that the Application itself infringes, misappropriates, or otherwise violates any intellectual property rights of a third party. This obligation is contingent the User: (a) promptly notifying Breyta in writing of any such claim; (b) granting Breyta sole control over the defence and settlement of the claim; and (c) Breyta with all reasonable assistance in the defence of the claim.

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Privacy policy and User's content

To learn more about the use of personal data, Users may refer to the privacy policy. 

Input provided by the User, and output generated based on this input, will not be shared with any third parties. Breyta may access the input and output to provide support, enforce these Terms and Conditions and to comply with applicable laws. 

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Changes to Terms and Conditions and the Application

Breyta reserves the right to amend or otherwise modify these Terms and Conditions at any time. The latest version is always accessible at https://breyta.ai. 

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Breyta will notify the User of any significant changes in an appropriate manner. The User accepts the revised Terms and Conditions by continuing to use the Application. If the User does not wish to be bound by the changes, it must stop using the Application. 

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Breyta reserves the right to modify, update, enhance, suspend, or discontinue any aspect of the Application, including its features, functionality, design, content, or availability. Breyta will inform Users of significant changes in an appropriate manner.

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Miscellaneous 

Breyta’s failure to assert any right or provision 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.

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Breyta reserves the right to transfer, assign and subcontract any or all of its rights or obligations. Users may not assign or transfer any of their rights or obligations without the written permission of Breyta.

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Should any provision of these Terms and Conditions 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.

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Governing law and jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Norway.

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If the User is a consumer and the laws of the country in which the consumer resides provide greater consumer protection than those available under Norwegian law, such higher consumer protection standards shall take precedence and apply.

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Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Norway. Users who qualify as consumers under applicable law may bring disputes before their local court.

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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, Breyta 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 the User from Breyta or through the Service will create any warranty not expressly stated herein.

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Without limiting the foregoing, Breyta, 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.

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Breyta 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 Breyta shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

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The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. Breyta 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.

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Limitations of liability

To the maximum extent permitted by applicable law, in no event shall Breyta, 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 Breyta’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 Breyta, 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 Breyta hereunder in the preceding 12 months, or the period of duration of this agreement between Breyta and User, whichever is shorter.

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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 the User has been advised of the possibility of such damage.

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Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the 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.

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Indemnification

The User agrees to defend, indemnify and hold Breyta 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.

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Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms, is limited, at Breyta’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

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