Terms of use

These Terms of Service (“Terms”) govern your access to and use of the Brievi service, websites, and related applications (collectively, “Brievi”, “we”, “us”, or “our”).

By accessing or using Brievi, you agree to be bound by these Terms. If you are using Brievi on behalf of a clinic, practice, or other organization, you represent that you are authorized to accept these Terms on its behalf.

1. Service Description

Brievi is a software-as-a-service platform that allows clinics and similar healthcare providers (“Clinics”) to:

• create, store, and manage visit summaries and other patient-facing reports;

• send those reports to patients or parents/guardians via email, SMS, or secure links; and

• view limited delivery and usage information for those communications.

You are solely responsible for:

• the information you enter into Brievi;

• how you use any reports or links generated by Brievi; and

• your communications and relationship with your patients.

Brievi does not provide medical advice, diagnosis, treatment, or legal advice, and must not be used as a substitute for professional judgment.

2. Permitted Use and Restrictions

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Brievi for your internal business purposes.

You agree that you will not (and will not permit any third party to):

1) copy, modify, adapt, translate, or create derivative works based on Brievi, except as expressly allowed in writing;

2) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of Brievi;

3) scrape, harvest, or systematically extract data from Brievi (including patient data, usage data, or any part of our systems), except through documented APIs we expressly make available;

4) bypass or attempt to bypass any security or access controls (including rate limits, authentication, or encryption);

5) use Brievi to send spam, unlawful communications, or content that violates applicable law or patient privacy;

6) use Brievi to build a competing product or service; or

7) interfere with or disrupt the operation of Brievi or any related networks.

We reserve the right to investigate any suspected misuse and to suspend or terminate access in accordance with Section 7.

3. Clinic Accounts and Responsibility

If you create an account for a Clinic, you are responsible for:

• maintaining the confidentiality of any PINs, passwords, and access credentials;

• ensuring that only authorized staff have access to Brievi; and

• ensuring that your use of Brievi complies with all laws and regulations that apply to you (including, where applicable, HIPAA and similar privacy laws).

You are responsible for all activity under your account, whether or not you personally performed the actions.

4. Data Retention and Deletion

Brievi is designed as a communication and reporting tool, not as a long-term medical records system.

• Report content and associated data are generally retained for 90 days from creation, after which they may be automatically deleted from active systems.

• We may retain limited system logs, metadata, and backup copies for an additional period where reasonably necessary for security, audit, billing, or legal purposes.

You are solely responsible for complying with any legal or regulatory record-retention obligations applicable to your Clinic. If you must retain records longer than our default retention period, you should export and store them in your own systems.

Data deletion on our systems is performed on a rolling and irreversible basis; once deleted from our active systems, we generally cannot restore report content.

5. Privacy and HIPAA-Related Matters

Brievi is designed with security and privacy controls (such as encryption in transit and at rest, access controls, and logging) to help support Clinics in protecting patient information.

However:

• Brievi does not provide legal or regulatory advice.

• We do not guarantee that your use of Brievi will, by itself, make you compliant with HIPAA, state privacy laws, or any other regulations.

• Each Clinic remains solely responsible for determining whether and how to use Brievi in a manner that satisfies its own legal, regulatory, and contractual obligations.

If HIPAA or similar regulations apply to you:

• You are responsible for configuring and using Brievi in a way that is consistent with those regulations (for example, what patient data you enter, how you send links, and how you obtain patient consent).

• Any required Business Associate Agreement (“BAA”) between your Clinic and Brievi will be provided and agreed separately. In the absence of a signed BAA, you remain responsible for deciding whether Brievi may be used with protected health information in your circumstances.

6. Service Availability and Changes

Brievi is provided on an “as-is” and “as-available” basis.

• We aim to provide a reliable service, but we do not guarantee that Brievi will be uninterrupted, timely, secure, or error-free.

• We may modify, update, or discontinue parts of Brievi at any time, including features, integrations, or pricing. Where changes are material, we will use reasonable efforts to notify you in advance (for example by email or in-product notices).

You acknowledge that temporary interruptions may occur due to maintenance, upgrades, or network issues, and that such interruptions do not constitute a breach of these Terms.

7. Term and Termination

These Terms remain in effect while you access or use Brievi.

We may suspend or terminate your access to Brievi (in whole or in part) immediately if:

• you materially breach these Terms;

• we reasonably believe your use of Brievi poses a security, legal, or reputational risk; or

• we are required to do so by law or by a third-party provider (for example, email or SMS carriers).

You may stop using Brievi at any time. If you want to formally close your account, you may contact us using the details on our website.

Upon termination:

• your right to access and use Brievi will cease; and

• we may delete or anonymize your data in accordance with our data retention practices described in Section 4.

Sections that by their nature should survive termination (including, without limitation, Sections 2, 4–9) will continue to apply.

8. Disclaimer of Warranties

To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing or usage of trade.

Without limiting the foregoing, we do not warrant that:

• Brievi will meet your requirements;

• Brievi will be compatible with your systems; or

• any reports, emails, SMS messages, or links will be delivered or viewed by patients.

Any use of Brievi for clinical decision-making or as a system of record is at your sole risk.

9. Limitation of Liability

To the fullest extent permitted by law:

1) Indirect damages. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenues, goodwill, or data, arising out of or relating to your use of Brievi, even if we have been advised of the possibility of such damages.

2) Aggregate cap. Our total aggregate liability arising out of or relating to Brievi or these Terms will be limited to the greater of (a) the amounts you have paid to us for the service during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

These limitations apply to any theory of liability, whether based on contract, tort (including negligence), strict liability, or otherwise, and even if any remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify and hold harmless Brievi and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your use of Brievi;

• your violation of these Terms; or

• your violation of any applicable law or third-party rights (including privacy and data-protection laws, and patient rights).

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the updated Terms on our website and update the “Last updated” date at the top.

If we make material changes, we will use reasonable efforts to notify you (for example, by email or prominent notice within the service). Your continued use of Brievi after the updated Terms become effective constitutes your acceptance of the changes.

12. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or to Brievi will be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles.

Any disputes will be brought exclusively in the state or federal courts located in California, USA, and you and we consent to the personal jurisdiction of those courts.

13. Miscellaneous

• Entire Agreement. These Terms constitute the entire agreement between you and us regarding Brievi and supersede any prior or contemporaneous agreements relating to the service.

• Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• No waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

• Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law.