Terms of Service
Last updated September 25, 2023
These terms of service ("Terms") cover your use access to our services and websites ("Services"). We also have a Privacy Policy, which explains how we collect and use your information. By using our Services, you're agreeing to be bound by both these Terms and our Privacy Policy. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.
Your Content
When you use our Services, you provide us with data like your text, messages, images, and so on ("Your Content”). Your Content is yours. These Terms don't give us any rights to Your Content except for the limited rights that enable us to offer the Services.
We need your permission to host Your Content, back it up, and share it when you ask us to. Our Services also provide you with features that require our systems to access or store Your Content. You give us permission to do these things, and this permission extends to trusted third parties we work with.
You're responsible for your conduct while using our Services. Others may have intellectual property rights to Content in our Services. Please copy or upload content unless you have the right to do so. We aren't responsible for the content people create and share via the Services.
Help us safeguard Your Content. Safeguard your password to the Services, and keep your account information current. Don't share your credentials or give others access to your account.
You may use our Services only as permitted by applicable law. Finally, to use our Services, you must be at least 13, or in some cases, even older. Please check your local law for the age of digital consent. If you don't meet these age requirements, you may not use the Services.
User Responsibility
Users who add other users to a plan or planning team acknowledge and agree that they are solely responsible for ensuring team members have appropriate clearance access and need to know in accordance with 50 U.S. Code § 3341, DoD Instruction 5200.01, DoD Manual 5200.01, Volume 1, Volume 2, Volume 3, DoD Instruction 5230.24, DoD Instruction 5200.48, 32 Code of Federal Regulations, Part 2002, Executive Order 13556, as well as any unit-specific policies and regulations applicable to your organization or directorate.
Compliance
You agree to comply with all applicable laws, regulations, and policies related to the use of the Application, including those mentioned in section 1.1. You understand and acknowledge that any violation of these laws, regulations, or policies may result in legal consequences and termination of your access to Onebrief.
Indemnification
You agree to indemnify and hold harmless Onebrief, its officers, directors, employees, and affiliates from any claims, damages, liabilities, losses, or expenses arising out of or in connection with your failure to ensure appropriate clearance access and compliance with the aforementioned laws, regulations, and policies.
Beta Services
We are currently offering products and features that we are still testing and evaluating. Those Services have been marked beta or early access (or with words or phrases with similar meanings). Please keep in mind that they may not be as reliable as software that has already completed the beta stage.
Your Feedback
You may provide feedback to Onebrief about your use and experience while using the Services. Unless Onebrief otherwise agrees in writing, you hereby agree that Onebrief shall own all feedback, comments, suggestions, recommendations, ideas, concepts and changes that you provide to Onebrief regarding your use and experience while using the Services and all associated intellectual property rights (collectively the "Feedback") and you hereby assign to Onebrief all of your right, title and interest thereto.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Grant Demaree
Onebrief, Inc.
701 Brazos St
Austin, TX 78701
DMCA@onebrief.com
Paid Accounts
All Onebrief services are provided as a free trial or as Paid Accounts exchange for payment.
Billing. We'll automatically bill you on a periodic basis from the date you purchase a Paid Account and on each periodic renewal until cancellation. If you're on an annual plan, we'll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You're responsible for all applicable taxes, and we'll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn't override these laws.
No Refunds. You may cancel your Onebrief account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.
Cancellation. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Termination
You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- (a) you're in breach of these Terms, or
- (b) you're using the Services in a manner that would cause a real risk of harm or loss to us or other users.
We'll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Content from our Services. If after such notice you fail to take the steps we ask of you, we'll terminate or suspend your access to the Services.
We won't provide notice before termination where:
- (a) you're in material breach of these Terms,
- (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- (c) we're prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services, and these Terms create no obligation for us to continue developing or providing the Services. If we do so, we'll give you reasonable prior notice so that you can export Your Content from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we'll refund the portion of the fees you have pre-paid but haven't received Services for.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ONEBRIEF AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
WE DON'T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR ONEBRIEF'S OR ITS AFFILIATES' FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN'T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, ONEBRIEF, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON'T BE LIABLE FOR:
- i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
- ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ONEBRIEF OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, ONEBRIEF, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ONEBRIEF AND ITS AFFILIATES AREN'T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH ONEBRIEF.
Resolving Disputes
Let's Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Onebrief, you agree to try to resolve the dispute informally by contacting legal@onebrief.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Onebrief may bring a formal proceeding.
Judicial forum for disputes. You and Onebrief agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Travis County, Texas. Both you and Onebrief consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn't affect those requirements.
Controlling Law
These Terms will be governed by the laws of the state of Texas and applicable federal laws. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.
Entire Agreement
These Terms constitute the entire agreement between you and Onebrief with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Onebrief's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Onebrief may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect:
- (a) changes to the law,
- (b) new regulatory requirements, or
- (c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we'll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don't agree to the updates we make, please cancel your account before they become effective. Where applicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
