Terms of Service

ACCEPTANCE

These Terms of Service (the "Terms") govern your access to and use of the Brieflex mobile application, the website located at brieflex.app, and all related products, features, and services (collectively, the "Brieflex Services"), provided by Elpis Labs, a brand operated by Daniil Kotau, an individual entrepreneur registered in Georgia ("Brieflex", "we", "us", or "our"). References to "You" or "Your" mean the individual user of the Brieflex Services.

BY CREATING AN ACCOUNT, OR BY ACCESSING OR USING THE BRIEFLEX SERVICES, YOU ARE FULLY ACCEPTING AND AGREEING TO THESE TERMS OF SERVICE AND TO THE BRIEFLEX PRIVACY POLICY, WHICH INCLUDE YOUR AGREEMENT TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND YOUR WAIVER OF CLASS ACTIONS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE THE BRIEFLEX SERVICES. In addition, Your use of the Brieflex Services is subject to all applicable third party rights, laws and regulations. The Brieflex Services integrate with products and services of third parties not affiliated with Brieflex ("3rd Party Services"), including the Apple App Store and Google Play. You should review the terms of those 3rd Party Services to ensure they are acceptable to You.

THE BRIEFLEX SERVICES

Brieflex is a mobile English-learning application that provides a structured, research-backed English program together with a personal AI teacher named "Emma". The Brieflex Services include lessons, homework, reviews, exams, letter grades, progress tracking, and an AI chat with Emma (including an optional voice mode).

The Brieflex Services are provided for personal, educational use only. They are an informational learning tool and do not constitute professional, academic, legal, or other advice, and should not be relied upon in any way other than for personal learning purposes. The contents of the Brieflex Services are subject to change without notice to You.

No guaranteed outcomes. Grades, GPA, transcripts, and level estimates produced within the application are internal learning feedback only. They are not accredited certifications, official qualifications, or a substitute for any official examination. Brieflex makes no representation that any specific result, score, fluency level, career outcome, or timeframe will be achieved, and You should not rely on the Brieflex Services as a substitute for any official assessment.

ELIGIBILITY

To be eligible to use the Brieflex Services, You must be at least 18 years old and able to form a legally binding contract. The Brieflex Services are not intended for, and may not be used by, anyone under 18 years of age. By using the Brieflex Services, You represent and warrant that You meet these requirements. Certain features may or may not be available to You depending on Your location and other criteria.

BRIEFLEX ACCOUNT

To use most features, You must register for a Brieflex account using Apple Sign-In, Google Sign-In, or an email magic link. By registering or using a Brieflex account, You agree and represent that You have created Your account for Yourself, that all information You provide is accurate, that You will keep it up to date, and that You will not use the account on behalf of any third party unless You have obtained our prior written approval.

You are fully responsible for all activity that occurs under Your account, and for keeping Your sign-in method secure and confidential. You agree to notify us at support@brieflex.app if You suspect any unauthorized use of Your account. We may, in our sole reasonable discretion, refuse to open an account, or suspend or terminate any account or Your use of the Brieflex Services, for any reasonable purpose and at any time, including for any violation of these Terms.

EMMA — THE AI TEACHER

Emma is an automated artificial-intelligence feature, not a human. While we work to make Emma helpful and accurate, AI-generated content can be incomplete, outdated, or wrong. You should not rely on Emma as a source of professional advice, and You should independently verify anything important. You are solely responsible for the content You submit to Emma and for any decision You make based on Emma's responses.

By using Emma's voice feature, You consent to Your voice input being processed and transcribed so that Emma can respond, as described in the Brieflex Privacy Policy. To teach You more effectively, Emma keeps a limited set of teaching-relevant notes between sessions. You can review and delete what Emma remembers at any time using the in-application "What Emma remembers" controls.

SUBSCRIPTIONS, BILLING AND RENEWALS

Access to the paid features of the Brieflex Services requires a paid subscription, offered on the billing periods and at the prices shown in the application at the time of purchase. We may offer a free trial; where a trial is offered, its terms are disclosed to You at sign-up.

All purchases are made and processed exclusively through the Apple App Store or Google Play. Your purchase is therefore also subject to the terms and payment policies of Apple or Google, as applicable. Brieflex does not collect or store Your payment-card or banking details.

Subscriptions renew automatically at the end of each billing period, at the then-current price, unless You cancel before the renewal date. You can manage or cancel Your subscription, and turn off auto-renewal, in Your Apple App Store or Google Play account settings. Cancellation takes effect at the end of the current paid period, and You retain access to paid features until then. Deleting the application does not cancel Your subscription.

REFUND POLICY

Upon successful payment, You receive immediate access to the paid features of the Brieflex Services, delivered through the Brieflex mobile application. No physical goods are delivered.

All subscriptions are sold and charged through the Apple App Store and Google Play, and all refund requests are governed solely by the policies of the store through which You purchased. For Apple App Store purchases, refund requests must be submitted to and are handled by Apple. For Google Play purchases, refunds follow Google Play's policies; You may also contact us at support@brieflex.app and we will assist where we reasonably can.

Except where a refund is required by the applicable app store or by mandatory consumer-protection law, all payments are final and non-refundable. We do not provide refunds, credits, or pro-rated amounts for any unused portion of a billing period, for periods during which Your account remained open but unused, or for partial use of a subscription term, including where You stop using the Brieflex Services after a renewal has been charged. Your mandatory statutory consumer rights under the law of Your country of residence are not affected by this Section.

USE RESTRICTIONS

You agree that You will not: (i) use the Brieflex Services in any unlawful, harmful, fraudulent, infringing, obscene, or abusive way, or in violation of any third party's rights, including any privacy or intellectual-property rights; (ii) modify, disassemble, decompile, reverse engineer, or prepare derivative works of the Brieflex Services, or attempt to gain access to their source code, except to the extent this restriction is prohibited by applicable law; (iii) interfere with, disrupt, overload, or attempt to gain unauthorized access to the Brieflex Services or related systems; or (iv) use bots, scrapers, or other automated means to access the Brieflex Services except as expressly permitted.

You may not reproduce, resell, or distribute the Brieflex Services, or any reports, content, or data generated by them, for any purpose (other than content created by You). You may not offer or enable any third party to use the Brieflex Services purchased by You, and You may not use the Brieflex Services, or any content or data obtained from them, to develop, train, produce, or market any product or service that is substantially similar to or competes with the Brieflex Services.

INTELLECTUAL PROPERTY

Copyrights. Brieflex or its licensors own all rights in all material provided through the Brieflex Services, including the curriculum, lessons, exercises, software, Emma, text, graphics, illustrations, logos, and design, protected by applicable intellectual-property laws and international treaties. None of this material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without our prior written permission. We grant You a limited, personal, non-exclusive, non-transferable, revocable license to use the Brieflex Services for Your own learning, subject to these Terms. No other rights are granted.

Trademarks. "Brieflex", the Brieflex logo, and "Emma" are marks of Brieflex. Nothing in the Brieflex Services should be construed as granting any license or right to use any such mark without our prior written permission.

Your content. You retain ownership of the content You submit, such as Your chat messages and answers. You grant Brieflex a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and process that content to provide, secure, maintain, and improve the Brieflex Services, including our AI features, as described in the Brieflex Privacy Policy.

THIRD-PARTY SERVICES

The Brieflex Services rely on third-party platforms, including Apple, Google, and the service providers listed in the Brieflex Privacy Policy. Your use of those platforms is subject to their own terms and policies. Brieflex is not responsible for any 3rd Party Services, and makes no representations or warranties about them.

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, ALL CONTENT, INFORMATION, SERVICES AND TOOLS IN THE BRIEFLEX SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE BRIEFLEX SERVICES IS SOLELY AT YOUR OWN RISK. BRIEFLEX MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. BRIEFLEX MAKES NO WARRANTY THAT THE BRIEFLEX SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT ANY CONTENT, INCLUDING AI-GENERATED CONTENT, WILL BE ACCURATE OR RELIABLE. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to You.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND HEREBY AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY STATED AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRIEFLEX BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE NATURE OR BASIS OF THE CLAIM, RESULTING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE BRIEFLEX SERVICES, EVEN IF BRIEFLEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIEFLEX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE BRIEFLEX SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID BRIEFLEX IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIFTY UNITED STATES DOLLARS (USD 50). Nothing in these Terms limits any liability that cannot be limited under applicable law, including Your mandatory statutory consumer rights.

INDEMNIFICATION

To the extent permitted by applicable law, You will indemnify, defend, and hold Brieflex harmless from and against any and all claims, costs, losses, damages, judgments, interest, and expenses (including reasonable legal fees) arising out of or in connection with: (a) any actual or alleged breach of Your representations, warranties, or obligations under these Terms; (b) Your wrongful or improper use of the Brieflex Services; (c) Your violation of any third-party right, including any privacy, publicity, or intellectual-property right; or (d) Your violation of any applicable law or regulation.

CLASS ACTION WAIVER

Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor Brieflex will seek to have any dispute heard as a class action, a private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You are giving up Your right to participate as a class representative or class member on any class claim You may have against us, including any right to class arbitration or any consolidation of individual proceedings. To the extent permitted by applicable law, You also waive any right to a trial by jury.

SUSPENSION AND TERMINATION

You may stop using the Brieflex Services and delete Your account at any time. We may suspend or terminate Your access if You violate these Terms, if required by law, or if reasonably necessary to protect the Brieflex Services or other users. On termination, the licenses granted to You under these Terms end. Provisions that by their nature should survive termination — including those relating to intellectual property, your content license, disclaimers, limitation of liability, indemnification, the class action waiver, and governing law — will survive.

CHANGES TO THE BRIEFLEX SERVICES AND THESE TERMS

We may modify, suspend, or discontinue any part of the Brieflex Services at any time. We may also revise these Terms from time to time by updating this posting; when we do, we will revise the "Effective" date above and, where the changes are material, provide additional notice as appropriate. By continuing to use the Brieflex Services after an update, You agree to be bound by the revised Terms, and You should therefore periodically review this page.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of Georgia, without regard to its conflict-of-laws provisions, and subject to any mandatory consumer-protection laws of Your country of residence.

Informal resolution first. Before commencing any formal proceeding, You and Brieflex agree to give each other a full and fair opportunity to resolve a dispute informally. To do so, the party raising the dispute will send a written notice to the other (a notice to Brieflex must be sent to support@brieflex.app; a notice to You will be sent to the address on file for Your account), and both parties agree to attempt in good faith to resolve the dispute through informal negotiation within sixty (60) days from the date the notice is sent. Most concerns can be settled this way.

If a dispute cannot be resolved informally within that period, it will be subject to the exclusive jurisdiction of the competent courts of Georgia, except where applicable law gives You the right to bring proceedings in the courts of Your country of residence. All disputes will be resolved on an individual basis in accordance with the Class Action Waiver above.

APPLE APP STORE AND GOOGLE PLAY TERMS

This Section applies when You download the application from the Apple App Store or Google Play. These Terms are concluded between You and Brieflex only, and not with Apple or Google. Apple and Google are not responsible for the Brieflex Services or their content, and have no obligation to provide any maintenance or support for them. To the extent permitted by applicable law, Apple and Google have no warranty obligations whatsoever with respect to the Brieflex Services, and any claims relating to the application — including product-liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection or intellectual-property law — are the responsibility of Brieflex and not of Apple or Google, as set out in these Terms. You must comply with the applicable app-store terms of service when using the application. Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple has the right to enforce these Terms against You as a third-party beneficiary in respect of the application obtained from the Apple App Store.

GENERAL

Entire agreement. These Terms and the Brieflex Privacy Policy constitute the entire agreement between You and Brieflex regarding the Brieflex Services and supersede any prior agreements.

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

No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later.

Assignment. You may not assign or delegate any of Your rights or obligations under these Terms without our prior written consent, and any purported assignment in violation of this provision is null and void. Brieflex may freely assign or delegate its rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, or sale of assets.

CONTACT US

If You have any questions about these Terms of Service, please contact us at support@brieflex.app.

Brieflex — a product of Elpis Labs, operated by Daniil Kotau, individual entrepreneur, Georgia.