BriefBrain™ Terms of service
Please read these terms of service carefully before using BriefBrain™
What's in these terms?
These terms tell you the rules for using BriefBrain™.
Who we are and how to contact us
BriefBrain™ is operated by PLATFORM ALT5 LTD (We/Us). We are registered in England and Wales under company number 15178132 and have our registered office at International House, 101 King's Cross Road, London, United Kingdom, WC1X 9LP.
By using BriefBrain™ you accept these terms
By using BriefBrain™, you confirm that you accept these terms of service and that you agree to comply with them.
If you do not agree to these terms, you must not use BriefBrain™.
There are other terms that may apply to you
Our Privacy Policy, Cookie Policy and AI policy also apply to your use of this site.
Agreed terms
Interpretation
1.1 The definitions and rules of interpretation in this clause apply in these terms.
AI: The artificial intelligence software which can be used to create new content within BriefBrain™.
Applicable Data Protection Laws: means:
- To the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data.
- To the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which we are subject, which relates to the protection of personal data
Authorised Users: those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services.
BriefBrain™: the software application developed by Us to help users create better briefs, to inspire the creativity that can lead to game-changing project outcomes.
Customer/You: the person using BriefBrain™.
Customer Data: any information or data inputted by the Customer, Authorised Users, or Us on the Customer's behalf into BriefBrain™ for the purpose of using the Services or facilitating the Customer's use of the Services.
Customer Personal Data: any personal data inputted by the Customer, Authorised Users, or Us on the Customer's behalf for the purpose of using the Services or facilitating the Customer's use of the Services.
Services: access to the BriefBrain™ application to assist You to prepare better briefs for marketing purposes.
Subscription: the subscription fees (if any) payable by the Customer to Us.
Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
User subscriptions
2.1 Subject to the Customer purchasing the Subscriptions (if relevant) and the other terms and conditions of this agreement, We grant to the Customer a non-exclusive, non-transferable right and licence, without the right to grant sublicences, to permit the Authorised Users to use the Services solely for the Customer's internal business operations.
2.2 In relation to the Authorised Users, the Customer undertakes that the maximum number of Authorised Users that it authorises to access and use the Services shall not exceed the number of User Subscriptions it has purchased from time to time.
Viruses
3.1 The Customer shall not upload, store, distribute or transmit to Our site any Viruses, or any material during the course of its use of the Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- is otherwise illegal or causes damage or injury to any person or property
and We reserve the right, without liability or prejudice to our other rights to the Customer, to disable the Customer's access to the site that breaches the provisions of this clause.
3.2 The Customer shall not:
- except as may be expressly permitted under this agreement:
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the BriefBrain™ software in any form or media or by any means; or
- attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the BriefBrain™ software; or
- Access all or any part of the Services in order to build a product or service which competes with the Services.
Services
4.1 We shall use reasonable endeavours to provide the Services to the Customer on and subject to these terms.
Artificial Intelligence
5.1 As you start using BriefBrain™, you can choose AI-assisted or non-AI briefing. BriefBrain™ keeps your data private and confidential; it's not used to train AI. Human expertise, along with ethical technology, is intended to deliver process efficiencies and make your briefs better, too.
With AI
AI optimises your responses while adding value with innovative solutions to marketing challenges. This includes industry trends, competitor insights, mood board creation, customer avatar creation and more.
Without AI
BriefBrain™ handles your briefing information independently without AI assistance.
5.2 Warning: AI can make mistakes. Please check facts and thoroughly proof-read your BriefBrain™ briefs prior to using.
BriefBrain™ intends to provide useful insights and information to help your business stay relevant and competitive.
When opting for AI you must comply with the following guidelines:
- Customer Personal Data. It is for You to ensure that you have all necessary licences, permissions and consents to upload data to BriefBrain™. The information and data that You upload will be kept confidential and will not be used to train the AI.
- Intellectual property rights and licensing. Be aware of any intellectual property rights owned by third parties, such as copyright, database rights or trade mark rights.
- Discriminatory language. Never input offensive, discriminatory or inappropriate content as a prompt.
- Review outputs and understand limitations. AI technology is predictive, that means it has the potential to produce inaccurate outputs. It does not truly understand the context and it cannot apply judgment to its outputs. BriefBrain™ does also use other technology to try and mitigate these potential issues. Critical thought must be applied to all outputs of AI applications including BriefBrain™ outputs; these must always be fact and sense checked before being relied upon for business purposes and reviewed to ensure content is appropriate. You should also consider whether BriefBrain™ only has access to information up to a particular point in time as this may impact on the accuracy or appropriateness of the output.
- Ethical and responsible use. Always use AI applications ethically and responsibly. You must not generate content to impersonate, bully, or harass another person, or to generate explicit or offensive content.
Intellectual Property Rights
6.1 You acknowledge that all intellectual property rights in the BriefBrain™ application anywhere in the world belong to Us, that rights in the BriefBrain™ software are licensed (not sold) to You, and that You have no rights in, or to, the BriefBrain™ application other than the right to use it in accordance with the terms of this licence.
6.2 You will always own all intellectual property rights in the Customer Data and you warrant to us that the Customer Data does not infringe the intellectual property rights of any third party.
Limitation of Liability
7.1 You acknowledge that the BriefBrain™ application has not been developed to meet your individual requirements, including any requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the BriefBrain™ application meet your requirements.
7.2 We only supply the BriefBrain™ application for internal use by your business, and you agree not to use the BriefBrain™ application for any re-sale purposes (although of course you may use the marketing briefs that are the BriefBrain™ outputs in your business).
7.3 We shall not in any circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this licence for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- wasted expenditure;
- loss or corruption of data or information;
- loss of business opportunity, goodwill or reputation; or
- any special, indirect or consequential loss, damage, charges or expenses.
7.4 Other than the losses set out in condition 7.3 (for which we are not liable), our maximum aggregate liability under or in connection with this licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to 50% of the fee (if any) that you pay to Us per annum to access the Services. In the event that no fee is charged by Us then our liability to you shall be zero. This maximum cap does not apply to condition 7.5.
7.5 Nothing in this licence shall limit or exclude Our liability for any liability that cannot be excluded or limited by English law.
Termination
8.1 We may terminate this licence immediately by written notice to you at any time.
8.2 On termination for any reason:
- all rights granted to You under this licence shall cease;
- You must immediately cease all activities authorised by this licence;
Events Outside of Our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this licence that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 9.2.
9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks or failure of any of the technology services that We may use.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under this licence Our obligations under this licence will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.
Personal Data Processing
10.1 For the purposes of this clause 10, the terms controller, processor, data subject, personal data, personal data breach and processing shall have the meaning given to them in the UK GDPR.
10.2 The parties have determined that, for the purposes of Applicable Data Protection Laws:
- We shall act as controller in respect of the Customer Personal Data; and
- We shall process the Customer Personal Data as a processor on behalf of the Customer.
10.3 By entering into this licence, the Customer consents to (and shall procure all required consents, from its personnel, representatives and agents, in respect of) all actions taken by Us in connection with the processing of Customer Personal Data.
10.4 Both parties will comply with all applicable requirements of Applicable Data Protection Laws.
10.5 Without prejudice to the generality of clause 10.3, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Customer Personal Data to Us for the duration and purposes of this licence.
10.6 The Customer hereby provides its prior, general authorisation for Us to appoint processors to process the Customer Personal Data and to transfer Customer Personal Data outside of the UK.
Final Provisions
11.1 We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
11.2 We may make changes to our site
We may update and change our site from time to time to reflect changes to our users' needs and our business priorities.
11.3 We may suspend or withdraw our site
We do not guarantee that BriefBrain™, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.
11.4 How you may use material on our site
We are the owner or the licensee of all intellectual property rights in the BriefBrain™ application, and in the material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.
11.5 Which country's laws apply to any disputes?
These terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
11.6 Your Name and Logo
By using BriefBrain™ You grant to Us a limited licence to use, store and copy your business name and any logo that you use for the purpose of creation and publishing of a case study concerning your interaction with BriefBrain™. We may use this case study in our marketing material or for other business purposes. For the avoidance of any doubt, We will not include any Customer Personal Data within that case study.