BRYTER Standard Terms for the Service as a Free Trial (“Terms of Use”)
Last updated: November 2023
If your organization is bound by a written individual agreement with BRYTER for access to the software, then these Terms of Use will apply, if at all, only to use the software to the extent such use is not already governed by the written individual agreement.
1. Grant of Rights
BRYTER GmbH, with registered office Biebergasse 2, 60313 Frankfurt / Main, Germany (“BRYTER”/”We”/”Us”/”Our”) grants you, including the organization for which you work, (“You”/”Your”) a limited, non-exclusive, non-transferable, revocable right to use the BRYTER service as made available to You by Us (“Service”) for a limited period of time (the “Term”) free of charge, for the sole purpose of trialing the Service for internal business to You. You agree to solely use the Service for testing and non-commercial purposes. Nothing in these Terms of Use grants You any other rights, title or interest to the Service or any other BRYTER product or service. Neither these Terms of Use nor Your use of the Service entitles You to receive support services from BRYTER for the Service provided during the Term.
2. Access to Service
In order to access and use the Service, You must register for a BRYTER free trial account (“Trial Account”). By creating your Trial Account, You acknowledge that You are solely responsible for maintaining the security of the Trial Account (including, but not limited to, login credentials and security keys) and for all activities that occur under this account during the Term. You (i) will not misuse or share Your login credentials and security keys, misrepresent Your identity or affiliation with an entity or impersonate any person or entity and (ii) You agree to immediately notify BRYTER of any unauthorized use of the Trial Account, or any other breaches of security of which You become aware.
After you have accepted these Terms of Use and registered for a Trial Account, BRYTER reserves the right, to verify whether You are entitled to use the Service.
3. Your obligations in respect of the Service
You shall at all times during the Term: (i) refrain from copying, modifying, duplicating, recording, selling, commercially exploiting, creating derivative works from, transmitting or distributing the Service in any form or by any means to any other person; (ii) refrain from removing or altering any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Service; (iii) refrain from reverse assembling, reverse compiling, reverse engineering, decompiling, translating or otherwise attempting to discover the source code of any component of the Service; (iv) refrain from using the Service to create and/supply a product or service that competes with the Service; You shall not upload, access, store or distribute through the Service any viruses, malware or any material that is inappropriate, unlawful, harmful, defamatory, infringing, harassing or offensive, facilities illegal activity or which violates the rights of any third party; and (v) refrain from attempting to gain unauthorized access to the Service or any associated systems or networks. You shall be liable for any breach of these Terms of Use by anyone to whom You give access to the Service.
BRYTER may immediately disable Your access to the Service in the event of breach of Your obligations or abuse of the Service under these Terms of Use.
4. Ownership and Usage
The Service is proprietary to BRYTER and You acquire no rights in respect of such save as set out herein. BRYTER retains all ownership rights, including any intellectual property rights such as copyright, trademarks, trade secrets, inventions, service marks, domain names, design rights, database rights, patents, know-how and all other intellectual property rights of any kind whether or not they are registered or unregistered anywhere in the world (“Intellectual Property Rights”), as well as title and interest in the Service (including any feedback from You) and all related software, applications and materials and any modification or updates thereto and BRYTER-provided content within the Service. BRYTER shall be entitled to audit Your usage of the Service to ensure Your compliance with these Terms of Use.
5. No Warranty
BRYTER makes no warranty in respect of the Service whatsoever and the Service is provided ‘as is’ and ‘as available’. To the maximum extent permitted by applicable law, the warranty set forth in this paragraph is exclusive and in lieu of, and BRYTER expressly disclaims, all other warranties and conditions of quality, either express or implied, including, but not limited to, implied warranties of non-infringement, satisfactory quality, merchantability and fitness for a particular purpose.
6. Confidentiality
“Confidential Information” means information or data of a confidential nature, including any and all information which relates to a party’s clients, suppliers, technology and business activities. BRYTER’s Confidential Information includes but is not limited to: any and all information relating to the Service, the related software, applications and materials, the format of reports within the Service, the technology, the systems, tools and methodologies which BRYTER uses. Your Confidential Information includes all data supplied by You. The receiving party is prohibited from obtaining Confidential Information through all actions, including observing, testing, examining and disassembling or reassembling with the purpose of obtaining Confidential Information as so-called reverse engineering (“Reverse Engineering”). The receiving party shall refrain from exploiting or imitating Confidential Information outside the scope of its purpose in any manner whatsoever (in particular by means of Reverse Engineering) or having it exploited or imitated by third parties and, in particular, from applying for Intellectual Property Rights to the Confidential Information.
Except as required by law or any regulatory authority and/or in relation to information which is in the public domain without breach of this section, BRYTER and You each agree and undertake to (i) keep the other party’s Confidential Information strictly confidential; (ii) to not disclose such Confidential Information to any other person, or use it for any purpose except the exercise of the party’s rights, or the performance of its obligations, under these Terms of Use; (iii) only disclose the other party’s Confidential Information to its employees, suppliers and contractors on a need to know basis for the purposes of these Terms of Use; and (iv) to notify the other party in writing of any actual or suspected misuse or unauthorized disclosure of the Confidential Information by the other party.
7. BRYTER AI Terms
Your access and use of any feature(s) or functionality within the Service that are enabled by data models trained by machine learning or enabled by other artificial intelligence functionalities, including integrations to third-party systems (“AI Service”), is governed by the BRYTER AI Terms (https://bryter.com/ai-terms/) which are incorporated herein by reference, whereas any mention of “Customer” shall be replaced by “You”. BRYTER’s standard definitions (https://bryter.com/legal-terms/definitions/) apply.
8. Data Protection
“Data Protection Laws” means any applicable laws and regulations in any relevant jurisdiction relating to the use or processing of personal data including: (i) EU Regulation 2016/679 (“GDPR”); and (ii) any laws or regulations ratifying, implementing, adopting, supplementing or replacing the GDPR, if applicable; in each case, as updated, amended or replaced from time to time.
The parties shall comply with their obligations under the Data Protection Laws.
To the extent that BRYTER processes personal data on behalf of You, BRYTER’s standard Data Processing Addendum (“DPA”) from October 2023 (Version 3.1.) as set out on Our website (https://bryter.com/legal-terms/data-processing-agreement/) applies and is hereby incorporated by reference into these Terms of Use as if it was set out in full. These Terms of Use including the DPA serve as the contract governing the data processing in the meaning of Article 28(3) of the GDPR. By agreeing to these Terms of Use You also confirm to have acknowledged and agreed to the DPA.
9. Termination
BRYTER or You may terminate these Terms of Use for any reason and at any time during the Term. Upon termination You shall promptly cease all use of the Service. Following the date of termination, BRYTER will comply with its legal obligations to delete personal data to the extent required by law or contract. As of the date of termination, You have no right to retrieve any data You entered into the Service and You acknowledge that the data that you have entered into the Service may be lost permanently.
10. Limitation of Liability
In no event will BRYTER have any liability to You under these Terms of Use or in connection with Your use of the Service; provided that nothing in this paragraph will limit or exclude BRYTER’s liability for death or personal injury caused by its intent, negligence, fraud, or any other liability which cannot be excluded or limited by law. You assume sole responsibility for results obtained from the use of the Service, and for conclusions drawn from such use.
11. General
These Terms of Use shall be governed by and construed in accordance with the laws of Germany and the parties submit to the exclusive jurisdiction of the courts of BRYTER’s registered office.
Any of these Terms of Use which by their nature are intended to survive the termination of these Terms of Use shall survive such termination. Any and all provisions that, by their content, are intended to apply beyond the performance, non-renewal or termination of these Terms of Use, including all associated definitions and all accrued rights to payment (if any) will survive any termination hereunder (whether or not so expressly stated).
In no event may You assign Your rights or obligations under the agreement to a third party without BRYTER’s prior written consent. No third party or authorized users shall be entitled to the benefit of these Terms of Use.
These Terms of Use constitute the whole agreement between the parties relating to its subject matter and supersede any prior drafts, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral.
Nothing in these Terms of Use shall be construed as an obligation by either party to enter into a permanent service agreement with the other party.
No failure or delay by either party in enforcing its rights will prejudice or restrict those rights. No waiver of any right will operate as a waiver of any other right or breach. Each provision of these Terms of Use is to be construed separately and, even though the whole or any part of any provision may prove to be illegal or unenforceable, the other provisions of these Terms of Use, and the remainder of the provision in question, will continue in full force and effect.
BRYTER may update these Terms of Use at any time. No modification of any provision of these Terms of Use will be binding on BRYTER unless agreed in writing by a director of BRYTER.