Terms

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Terms of Service

Last updated: December 10, 2024

Welcome, and thank you for your interest in Braid Research Inc. (“Braid,” “we,” or “us”) and our software product, Braid, along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Braid regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” SIGNING AN ORDER FORM THAT REFERENCES THESE TERMS OF SERVICE, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BRAID’S PRIVACY POLICY (available at: https://braidapp.ai/terms) AND BRAID’S ACCEPTABLE USE POLICY (available at: https://braid.com/terms) (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND BRAID’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BRAID AND BY YOU TO BE BOUND BY THESE TERMS.

If you are using the Service in the course of your work for an entity or organization that has a master subscription agreement with Braid in effect, then such master subscription agreement controls in the event of a conflict with these Terms.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND BRAID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Braid Service Overview

Our platform offers a suite of program management tools driven by artificial intelligence to help teams manage projects more effectively. Braid provides functionalities including:

An overview of project performance.
Risk and delay flagging with actionable mitigation strategies.
Identification of dependencies between teams and projects.
Management of sprint planning and execution.

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

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3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at hello@braidapp.ai.

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4. Beta or Trial Versions

Braid may from time to time offer trial or beta versions or features of the Service (each, a “Beta Service”). Braid will determine, at its sole discretion, the availability, duration (the “Trial Period”), features, and components of each Beta Service. ANY BETA SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES. Notwithstanding anything to the contrary in these Terms, in no event will Braid be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If you qualify for a Beta Service and voluntarily agree to use a Beta Service, you agree to provide Braid Feedback (defined below) and respond to Braid’s questions or other inquiries regarding your use of the Beta Service, if requested. Braid has sole discretion in deciding whether or not to continue offering any Beta Service and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Service. Any production candidate or non-production version of the Service will be considered a Beta Service. Except as expressly provided in this Section 4, these Terms govern your use of the Beta Service as part of the Service.

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5. General Payment Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law. The pricing and payment terms in this Section 5 are subject to any pricing and payment terms set forth in an Order Form.

5.1. Price

Braid reserves the right to determine pricing for the Service. Braid will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Braid may change the fees for any feature of the Service, including additional fees or charges, if Braid gives you advance notice of changes before they apply. Braid, at its sole discretion, may make promotional offers with different features and different pricing to any of Braid’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

5.2. Authorization

You authorize Braid to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Braid, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Braid may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

5.3. Subscription Service

The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Braid or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee,” please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Braid or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by using the cancellation functionality made available in your billing menu or by contacting us at hello@braid.com. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

5.4. Delinquent Accounts

Braid may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Braid reserves the right to delete your account and any information associated with your account without any liability to you.

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6. Licenses

6.1. Limited License

Subject to your complete and ongoing compliance with these Terms and the payment of the applicable Fee, Braid grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Service; or (b) if you elect to use the self-hosted version of Braid, install and use one copy of the Braid executable software that we provide to you (“Software”) on computing infrastructure that you own or control.

6.2. License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

6.3. Feedback

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Braid an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

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7. Ownership; Proprietary Rights

7.1. Rights to the Service and Materials

The Service is owned and operated by Braid. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Braid (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Braid or its third-party licensors. Except as expressly authorized by Braid, you may not make use of the Materials. There are no implied licenses in these Terms and Braid reserves all rights to the Materials not granted expressly in these Terms.

7.2. Suggestions

You may use the Service to generate project management insights, outputs, or other functions (collectively, “Suggestions”). Braid hereby assigns to you all of its right, title, and interest in and to any Suggestions provided or returned to you by the Service. Notwithstanding the foregoing, you acknowledge that Suggestions are generated automatically by machine learning technology and may be similar to or the same as Suggestions provided to other customers, and no rights to any Suggestions generated, provided, or returned by the Service for or to other customers are granted to you under these Terms. Further, any Suggestions generated, provided, or returned by the Service may contain inaccuracies. ANY SUGGESTIONS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND.

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8. Customer and Usage Data

8.1. Customer Data

Any data, text, and any other works of authorship or other works, including project-related data (collectively, “Customer Data”) that you submit, upload, or otherwise post to or transmit (such actions, collectively, “Upload”) to the Service are only used to provide the Service and Suggestions to you. Unless you elect to share Customer Data with us to improve the Service, Customer Data (i) is transmitted only to generate Suggestions in real-time and is deleted once Suggestions are generated; (ii) is not used for any other purpose, including the training of language models; and (iii) is encrypted during transit and is not stored at rest. Notwithstanding the foregoing, for certain Services, or if an account administrator has enabled features that explicitly require persistent project data or derived information, Braid may store project data and/or derived information to provide these Services.

8.2. Usage Data

Braid may collect, generate, and derive performance, analytical, or usage data relating to your access to or use of the Service (“Usage Data”). Braid will only use Usage Data to provide the Service to you, to monitor the performance and stability of the Service, and to prevent or address technical issues with the Service. Braid may also anonymize Usage Data, aggregate it with other data, and use that aggregated, anonymized data to improve its products and services.

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9. Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

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10. Communications; Email

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

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11. Acceptable Use Policy

Please read the Braid Acceptable Use Policy (available at: https://braidapp.ai/terms) (“AUP”) carefully for rules governing your use of the Services. The AUP is incorporated by this reference into, and made a part of, these Terms.

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12. Modification of Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

13. Term, Termination, and Modification of the Service

13.1. Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending on the earlier of: (i) the effective date of termination by either party in accordance with these Terms, including when terminated as described in Section 13.2, or (ii) when no Order Form remains in effect, if you and Braid had previously executed an Order Form.

13.2. Termination

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Braid may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.

13.3. Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Braid any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 6.3 (Feedback), 7 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by Braid), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of any content you upload to the Service, including Customer Data. Upon termination of your account, you may lose access rights to any information you provided to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

13.4. Modification of the Service

Braid reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Braid will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

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14. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Braid, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Braid Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

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15. Disclaimers; No Warranties by Braid

15.1.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BRAID DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BRAID DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, INCLUDING SUGGESTIONS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BRAID DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

15.2.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BRAID ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING SUGGESTIONS, WILL CREATE ANY WARRANTY REGARDING ANY OF THE BRAID ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

15.3.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Braid does not disclaim any warranty or other right that Braid is prohibited from disclaiming under applicable law.

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16. Limitation of Liability

16.1.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BRAID ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, INCLUDING SUGGESTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BRAID ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

16.2.

EXCEPT AS PROVIDED IN SECTIONS 17.5 AND 17.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BRAID ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO BRAID FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

16.3.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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17. Dispute Resolution and Arbitration

17.1. Generally

Except as described in Section 17.2 and 17.3, you and Braid agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

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YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BRAID ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2. Exceptions

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

17.3. Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to Braid Research Inc, Attention: Arbitration Opt-Out, 166 Geary St. STE 1500 #2567 San Francisco, CA 94108 United States that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Braid receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

17.4. Arbitrator

This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, “JAMS Rules”) as modified by these Terms. The JAMS Rules and filing forms are available online at www.jams adr.com, by calling the JAMS at +1-800-352-5267 or by contacting Braid.

17.5. Commencing Arbitration

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Braid’s address for Notice is: Braid Research Inc, 166 Geary St. STE 1500 #2567 San Francisco, CA 94108 United States. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Braid may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Braid will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.

17.6. Arbitration Proceedings

Any arbitration hearing will take place in the county and state of your residence or business address (as applicable) unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence or business address (as applicable). During the arbitration, the amount of any settlement offer made by you or Braid must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

17.7. Arbitration Relief

Except as provided in Section 17.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Braid before an arbitrator was selected, Braid will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

17.8. No Class Actions

YOU AND BRAID AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Braid agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

17.9. Modifications to this Arbitration Provision

If Braid makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Braid’s address for Notice of Arbitration, in which case your account with Braid will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

17.10. Enforceability

If Section 17.8 or the entirety of this Section 17 is found to be unenforceable, or if Braid receives an Opt-Out Notice from you, then the entirety of this Section 17 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 will govern any action arising out of or related to these Terms.

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18. Miscellaneous

18.1. General Terms

These Terms, including the Privacy Policy, AUP, and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Braid regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

18.2. Governing Law

These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Braid submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

18.3. Privacy Policy

Please read the Braid Privacy Policy (available at: https://braidapp.ai/terms) (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Braid Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

18.4. Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

18.5. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

18.6. Contact Information

The Service is offered by Braid Research Inc, located at 166 Geary St. STE 1500 #2567 San Francisco, CA 94108 United States. You may contact us by sending correspondence to that address or by emailing us at hello@braidapp.ai.

18.7. Notice to California Residents

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

18.8. No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

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Privacy Policy

Last updated December 10, 2024

Thank you for choosing to be part of our community at Braid Research Inc. ("Company," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at privacy@braidapp.ai.

This privacy notice describes how we might use your information if you:

Visit our website at braidapp.ai
Engage with us in other related ways — including any sales, marketing, or events

In this privacy notice, if we refer to:

"Personal Information," we are referring to information that alone or in combination with other information in our possession could be used to identify you.
"Website," we are referring to any website of ours that references or links to this policy.
"Services," we are referring to our Website, and other related services, including our AI program management agents, associated software, tools, and documentation.

The purpose of this Privacy Policy is to explain to you in the clearest way possible what Personal Information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Services immediately. By using our Services, you agree to the collection, use, disclosure, and procedures this Privacy Policy describes. Beyond this Privacy Policy, your use of our Services is also subject to our Terms of Service.

TABLE OF CONTENTS

WHAT PERSONAL INFORMATION DO WE COLLECT?
HOW DO WE USE YOUR PERSONAL INFORMATION?
WILL YOUR PERSONAL INFORMATION BE SHARED WITH ANYONE?
WHO WILL YOUR PERSONAL INFORMATION BE SHARED WITH?
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
IS YOUR PERSONAL INFORMATION TRANSFERRED INTERNATIONALLY?
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
HOW DO WE KEEP YOUR PERSONAL INFORMATION SAFE?
DO WE COLLECT PERSONAL INFORMATION FROM MINORS?
WHAT ARE YOUR PRIVACY RIGHTS?
CONTROLS FOR DO-NOT-TRACK FEATURES
DO WE MAKE UPDATES TO THIS NOTICE?
HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

1. WHAT PERSONAL INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect Personal Information that you voluntarily provide to us when you register an account on the Website, use our Services, or otherwise contact us. The Personal Information that we collect depends on the context of your interactions with us and the Website, the choices you make, and the products and features you use.

We may collect names; email addresses; job titles; contact or authentication data; phone numbers; usernames; passwords; and other similar information.

All Personal Information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such Personal Information.

Information automatically collected

In Short: Some Personal Information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you use our Services.

We automatically collect certain information when you visit, use, or navigate our Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services, and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, and information about your activity (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports, and hardware settings).

2. HOW DO WE USE YOUR PERSONAL INFORMATION?

In Short: We may use your Personal Information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use Personal Information collected via our Services for a variety of business purposes described below. We use your Personal Information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific grounds we rely on next to each purpose listed below.

We may use the information we collect or receive:

To provide and maintain our Services. We may use your Personal Information to provide our Service and troubleshoot technical issues.
To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Microsoft account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
To post testimonials. We post testimonials on our Website that may contain Personal Information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update or delete your testimonial, please contact us at privacy@braid.com and be sure to include your name, testimonial location, and contact information.
Request feedback. We may use your information to request feedback and to contact you about your use of our Website or Services.
To manage user accounts. We may use your information for the purposes of managing your account and keeping it in working order.
To send administrative information to you. We may use your Personal Information to send you product, service, and new feature information and/or information about changes to our terms, conditions, and policies.
To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions, and policies for business purposes, to comply with legal and regulatory requirements, or in connection with our contract.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the Personal Information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing, or otherwise contacting us, we will collect Personal Information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS?" below).
For other business purposes. We may use your Personal Information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and to evaluate and improve our Services, marketing, and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include Personal Information.

3. WILL YOUR PERSONAL INFORMATION BE SHARED WITH ANYONE?

In Short: We only share Personal Information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may share Personal Information based on the following legal bases:

Consent: We share Personal Information for a specific purpose if you have given us specific consent to do so.
Performance of a Contract: Where we have entered into a contract with you, we may process your Personal Information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your Personal Information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Vendors, Consultants, and Other Third-Party Service Providers. We may share your Personal Information with third-party vendors, service providers, contractors, or agents who perform services for us or on our behalf and require access to such information to do that work. For more information, see “WHO WILL YOUR PERSONAL INFORMATION BE SHARED WITH?” below. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent, or trade any of your information with third parties for their promotional purposes.

4. WHO WILL YOUR PERSONAL INFORMATION BE SHARED WITH?

In Short: We only share Personal Information with the following categories of third parties.

We only share and disclose your Personal Information with the following categories of third parties. If we have shared your Personal Information based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?".

Website Hosting Service Providers
Cloud Computing Services
Customer Intelligence Platforms
Analytics Providers
Marketing Partners

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store Personal Information, including your browser type, operating system version, domains, IP address, the URL of the page that referred you, referring/exit pages, and information about your interactions with our Website (such as the time of your visit to our Website, page views, where you have clicked, and Website traffic trends). To learn more about cookies, please visit www.allaboutcookies.org/.

6. IS YOUR PERSONAL INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your Personal Information in countries other than your own.

Our servers are located in the United States. If you are accessing our Services from outside the United States, please be aware that your Personal Information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your Personal Information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above) in the United States and other countries.

If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country.

7. HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?

In Short: We keep your Personal Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

We will only keep your Personal Information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this Privacy Policy will require us to keep your Personal Information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize such information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

8. HOW DO WE KEEP YOUR PERSONAL INFORMATION SAFE?

In Short: We aim to protect your Personal Information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any Personal Information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your Personal Information, transmission of Personal Information to and from our Services is at your own risk. You should only access the Services within a secure environment.

9. DO WE COLLECT PERSONAL INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If you become aware of any Personal Information we may have collected from children under age 18, please contact us at privacy@braidapp.ai.

10. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your Personal Information. You may review, change, or terminate your account at any time.

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your Personal Information, you have the right to withdraw your consent at any time. Please note, however, that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you have questions or comments about your privacy rights, you may email us at privacy@braidapp.ai.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and/or comply with applicable legal requirements.

Cookies and similar technologies: Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Website. To opt-out of interest-based advertising by advertisers on our Website visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example, to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

11. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this Privacy Policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at privacy@braidapp.ai or by post to:

Braid Research Inc.
166 Geary St. STE 1500 #2567
San Francisco, CA 94108
United States

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request access to the Personal Information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your Personal Information, please visit: braidapp.ai/contact.

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Acceptable Use Policy

This Acceptable Use Policy (“AUP”) sets forth the rules that apply to the use of any of Braid’s (“Braid,” “us,” “we,” or “our”) services (“Services”) by the Customer, Customer’s Authorized Users, or any other person to whom the Customer grants the right to access and use the Services (collectively, “you”). Your use of the Services must comply with this Acceptable Use Policy. This AUP is not exhaustive, and Braid reserves the right to take remedial action in connection with content or uses not specifically described below. Braid may modify this AUP at any time by posting a revised version on Braid’s website.

Capitalized terms not defined in this AUP have the meanings given in the Master Subscription Agreement, Terms of Service, or such other written agreement, contract, instrument, or other writing entered into by you and Braid governing the provision of the Services to you (“Agreement”).

‍Customer Data Restrictions. You will not prompt the Service with, or otherwise Upload Customer Data, that:

Is obscene, defamatory, deceptive, harassing, abusive, threatening, hateful, or discriminatory;
Violates anyone else’s intellectual property, privacy, publicity, or other rights;
Violates applicable laws or regulations;
Contains viruses, malware, malicious code, or similar harmful materials; or
Otherwise violates this AUP.

Prohibited Conduct. You will not and will not attempt to:

Engage in deceptive or illegal activities (including, but not limited to, “spoofing,” “phishing,” or pyramid schemes);
Generate content for spam or other unsolicited communications to other users;
Use the Services in violation of data, privacy, or other applicable laws or regulations;
Use the Services to generate, engage in, promote, support, or facilitate hateful, discriminatory, or violent activities, whether online or offline;
Prompt the Services with inputs that violate this AUP;
Use the Services to generate outputs that you know or should reasonably know would be unlawful or infringe on the rights (including intellectual property rights) of others;
Request content that is “in the style of” or “similar to” third-party proprietary content or that is otherwise derivative of third-party proprietary content;
Request that the Services duplicate third-party proprietary content or provide outputs that duplicate the functionality of third-party content; or
Engage in any activity that we reasonably determine, on the advice of counsel, will cause liability to us.

No Disruption. You will not and will not attempt to:

Access the Services through unauthorized means (for instance, sharing credentials, scraping, or crawling);
Disable or interfere with the Services or circumvent any security or access controls;
Reverse engineer or otherwise attempt to discover the source code of any portion of the Service, except to the extent that the activity is expressly permitted by applicable law;
Monitor traffic on the Services without Braid’s permission;
Probe, scan, penetrate, or test the vulnerability of Braid’s system or network; or
Try to access other users’ data or accounts without their express permission.

Others. You will not permit or encourage others to commit any of the actions above.

Monitoring and Enforcement. We may monitor compliance with this AUP and investigate any violations. If we determine that you or your Customer Data violates this AUP, we may remove or suspend access to your content or suspend your access to the Services.

Reporting Violations. We may report any activity that we suspect violates any law or regulation to law enforcement officials, regulators, or other appropriate third parties, and cooperate with them to investigate and prosecute illegal conduct. Our reporting may include disclosing information related to the violation of this AUP.

Notification of Violations. If you become aware of any suspected violation of this AUP, please notify us at hello@braid.com and provide a full explanation of the bases for the violation. We may request your assistance to help stop or remedy the violation, and you will cooperate and assist us in connection with any such violation.

Consequences of Violations. Violations of this AUP may result in the suspension or termination of your access to the Services, as well as potential legal action. Braid reserves the right to take any other action it deems appropriate to enforce this AUP and protect its interests.

By using the Services, you acknowledge that you have read, understood, and agree to comply with this Acceptable Use Policy.