Terms of Service

Terms of Use

We are Brevis Studios B.V., a company registered in the Netherlands (registration number 83192034, tax number NL862762984B01) located on the Rijperkerkstraat 43, 5035BR in Tilburg.

The Brevis Studios Immuto product is made available through the app stores and/or the Brevis Studios websites. These Terms of Use govern your use of our service and software. As used in these Terms of Use, "Brevis Immuto use", "our service", ‘software’ or "the service" means the (personalized) service provided by Brevis Studios.

By accessing or using the software, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the software and Brevis Studios is allowed to terminate your use and/or license.

Additional terms

In some situations additional terms can apply, e.g. when you use any future features we release. In case there is any conflict between the general ‘terms of use’ and the ‘additional terms’, the general terms will be enforced first, only when expressed otherwise, additional terms will overrule the general terms.

Updates to the terms

Brevis Immuto may, from time to time, change these Terms of Use. We will notify you before such changes apply to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Software.

Use of service

Your right to use the Service and content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability.

License Grant

Subject to these Terms, Brevis Studios grants you a non-exclusive, non-transferable, revocable license to use the Software for your personal or internal business purposes. You may not use the Software for any other purpose or in any other manner not expressly authorized by these Terms. Ownership The Software is owned by Brevis Studios and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Brevis Studios retains all rights, title, and interest in and to the Software, including without limitation all intellectual property rights.

Account Termination

Your Brevis Immuto user account will continue until terminated by us or you. By you willingly through our ‘account termination’ option in the control panel. By us when you violate any terms of use. Unless stated differently in any local law, we may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.

Subject to any statutory rights you might have, if your account is terminated, access to your username, password, and all related information, files, and content associated with your account may be terminated and your username may be recycled for use by others.

If there is any paid service we will suspend or terminate your access to this service at 30 days from the date of any unpaid charges. You are liable for any fees, including attorney and collection fees, incurred by us in our efforts to collect any remaining balances from you.

Reasons to terminate an account include, but are not restricted to:

-          Breaking the law including violation of local laws, breaches of any contract or legal duty

-          Fraudulent behavior, such as posting false, misleading or inaccurate content or comments

-          Victimizing other users or any abuse of personal information

-          Spreading of any content that can be considered as spam, which is not included in our advertisement program

Account Access

You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to the Software, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.

Account Protection

The member who created the account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone.

You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Brevis Studio, it’s products or our partners from identity theft or other fraudulent activity.

Payment Methods

Whenever Brevis Immuto will introduce new features that provide for or require any payment or payout. You can consent and subscribe to or make use of these services. In order to do so you need to provide us with one or multiple payment methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your account and subscriptions before your billing date, you authorize us to charge the fee for the next billing cycle to your Payment Method.

We may offer a number of account plans, including accounts offered by third parties in conjunction with the provision of their own products and services. Some account plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your license or subscription plan by visiting our website or in some cases in the software itself..

Third-Party products

If the fee-based Service includes a third-party product, you understand and agree that your purchase and use of the Service is also subject to the third party’s terms of service and privacy policy, which you should read thoroughly before agreeing to them. These may include charges on accounts for funding of ideas.

Subscription cancellation policy

Subscriptions can be canceled at any moment by an organization admin through the control panel. Subscriptions will remain active until the end of the period unless otherwise stated.

When a subscription is canceled and the period has ended the organization will be put in inactive state. Licenses that require online validation created through the service will cease to work.

All charges are nonrefundable unless provided otherwise in the terms you agree to when you register for a fee-based Service, unless stated differently.

Whenever Brevis Studios offers any purchases of usage subscriptions and other virtual currency including credits, points and any virtual items available on the Services are non-refundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a non-exclusive, revocable, non-assignable and non-transferable right.

Eligibility

You must be at least 18 years of age to become a user of the Software. Minors may only use the service under the supervision or with consent of an adult.

Electronic Communications

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration or through an instant message while you are using the Software.

Limited Liability

You acknowledge and agree that Brevis Studios shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use. In no event shall Brevis Studios be liable for any indirect, incidental, special, punitive, or consequential damages, or damages for loss of profits, revenue, data, or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to or use of the Software, even if Brevis Studios has been advised of the possibility of such damages. Brevis Studios' total liability to you for all damages, losses, and causes of action, whether in contract, tort, or otherwise, shall not exceed the amount paid by you for the Software.

Warranty

The Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. Brevis Studios does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Experimentation in service

The Brevis Studios Software, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including our website, apps, user interfaces, promotional features and availability of content. If we decide to test any new features on you, as in case with A/B testing this will not invoke any changes in rights or agreements.

We are constantly innovating, changing and improving the Services. We may, without notice, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service.

Changes in platform or content

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the service. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Software; use any robot, spider, scraper or other automated means to access the Software; decompile, reverse engineer or disassemble any software or other products or processes accessible through the service; insert any code or product or manipulate the Software in any way that is not allowed; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Software, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

We may require proof that you are following these rules at any time. We reserve the right to take, or to refrain from taking, any and all steps available to us once we become aware of any violation of these provisions. If you are involved in any violation of our systems’ security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Software Update

The Software may vary by device and medium, and functionalities and features may also differ between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Software and related third-party software.

Advertising policies

Brevis Immuto Services and our third party partners may use tracking and other technologies to serve advertisements that may be relevant to you. All personal details and data we acquire based on your use of Brevis Immuto and any other connected platform, including targeted advertising data and tracking information we collect automatically, will be used in accordance with our Privacy Policy. To learn more about opting out of targeted advertising, please click on the “Ad Choices” icon on and see our Privacy Policy.

Promotional Offers

We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by Brevis Studios at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent Brevis Studios Software product membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Promotional codes for certain Brevis Immuto or Third party services or content may be available, including as part of promotions by third parties. You may redeem promotional codes according to the rules for that promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers. If you received a promotional code through an offer by a third party, additional conditions may apply. No promotional offers or codes may be used in order to remarket or be used to gain any profit from, only if otherwise specified.

Library uploads or user generated content

Brevis Immuto may now, or in the future, offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding included therein, "User-Generated Content" or "UGC"). You may submit UGC through your profile, forums, blogs, message boards, social networking environments, content creation tools, gameplay, social communities, contact us tools, email, and other communications functionality. Except to the extent of the rights and license you grant in these Terms and, subject to any applicable Additional Terms, you are responsible for and retain whatever legally cognizable right, title, and interest that you have in your UGC.

Your User Content will not be acknowledged or returned

You Upload any User Content voluntarily, not in confidence, and no confidential or fiduciary relationship exists between us or any other party, and you based on your Uploads. You acknowledge that you will not be paid for Uploading your User Content in any way.

Non-Confidentiality of Your User-Generated Content

Except as otherwise described in the Service’s posted Privacy Policy, or any applicable Additional Terms, you agree that (a) your UGC will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them "confidential," "proprietary," or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, Brevis Immuto does not assume any obligation of any kind to you or any third party with respect to your UGC. Upon request, you will provide documentation necessary to authenticate rights to such content and verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be insecure and subject to breaches of security; according, you acknowledge and agree that your UGC is submitted at your own risk.

Exclusive Right to Manage Our Service

Brevis Studios may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your UGC (user generated content), and Brevis Immuto may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of UGC venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such UGC submitted by you or others need not be maintained on the Service by us for any period of time, and you will not have the right, once submitted, to access, archive, maintain, change, remove, or otherwise use such UGC on the Service or elsewhere.

Representations and Warranties Related to Your UGC. Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the intellectual property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Brevis Studios the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Brevis Studios obligation to obtain consent of any third party and without creating any obligation or liability; (b) the UGC is accurate; (c) the UGC does not and, as to permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.

Brevis Studios has no obligation to monitor or enforce your intellectual property rights to your UGC, but you grant us the right to protect and enforce our rights to your UGC, including initiating actions in your name and on your behalf.

Appropriate content and Alerting Us of Violations. We expect UGC to be appropriate for a general audience, but do not undertake to monitor it, and you consent to potentially encountering content you find offensive or inappropriate.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Netherlands. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

Unsolicited Materials

Brevis Immuto does not accept unsolicited materials or ideas for Software, content, and is not responsible for the similarity of its content or programming in any media to materials or ideas transmitted to Brevis Studios. If any of the submitted materials or ideas are of any value to Brevis Studios, Brevis Studios can license this without any rights that can be claimed by you.

Customer Support

Brevis Studios provides customer support in accordance with the Product plan your subscribed to, however it can happen that it takes longer to respond to inquiries. If agreed otherwise there is no Service Level Agreement between you and Brevis Studios. Brevis Studios does not offer any customer support for a non-paid service. Ofcourse since we want you to succeed, we will try to help where we can.

Entire agreement

These Terms constitute the entire agreement between you and Brevis Studios with respect to the subject matter hereof and supersede all prior and contemporaneous communications.

Survival

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Questions

If you have any questions about these terms, please contact us at [email protected]