Terms of Service

Brieva researches articles from sources you nominate, drafts newsletter issues using large language models, fact-checks claims against their sources, and (with your approval) delivers each issue to your subscribers via Amazon SES. You retain control of your content, your subscriber list, and the final approve-to-send decision.

You must provide accurate information at signup, keep your password secure, and are responsible for activity under your account. You must be at least 18 years old and authorised to bind any organisation you represent.

One person may use one account. We may suspend or close accounts that share credentials, attempt to evade plan limits, or violate these Terms.

You own the content you upload (feeds, branding, copy edits) and the issues Brieva generates from your configuration. You grant Brieva a worldwide, royalty-free licence to host, process, transmit and display that content solely to operate the service for you.

Brieva summarises and links to third-party articles. You are responsible for ensuring your use of those summaries complies with applicable copyright and fair dealing law in your audience's jurisdiction.

Newsletter drafts are produced by large language models and reviewed by an automated fact-checker. Brieva makes no representation that AI-generated draft content is accurate, complete, current, lawful or non-infringing, and AI output may contain errors, misattributions, fabrications, omissions or stale information. The fact-checker is a quality aid, not a guarantee.

You are the publisher of every issue you approve. Your explicit approval is the sole quality control between the AI draft and your subscribers’ inboxes. You are solely responsible for the accuracy, legality and editorial standards of every issue you approve, and for any consequence of its publication — including without limitation defamation, copyright infringement, misleading or deceptive conduct, breach of confidentiality, or breach of any law of a recipient’s jurisdiction.

Nothing distributed through Brieva is, or is intended to be, professional advice of any kind — financial, legal, medical, tax, investment, accounting, or otherwise. If your newsletter discusses a regulated topic, you are responsible for any disclaimers, licensing, or regulatory compliance required in your jurisdiction and your audience’s jurisdiction. Brieva does not review your content for fitness for any particular purpose.

By using Brieva, you warrant and represent that:

• You own or have all necessary rights, licences and consents to the content you upload, configure or generate via Brieva, and to publish it to your subscribers.
• Every address in any list you import, sync, or otherwise add to Brieva was lawfully obtained and gave informed, recorded, opt-in consent to receive email from you on the topic of this newsletter. You can produce evidence of that consent (timestamp and source) on request.
• Your use of Brieva complies with all anti-spam, electronic-communications and marketing laws applicable to you or to each recipient, including without limitation the New Zealand Unsolicited Electronic Messages Act 2007, the Australian Spam Act 2003, the US CAN-SPAM Act 2003, and the EU/UK GDPR and PECR. You are solely responsible for that compliance and for any penalty, fine, complaint or claim arising from non-compliance.
• You will keep your sender authentication (DKIM, DMARC, MAIL FROM) in working order on any custom sending domain you verify with Brieva.
• You will honour every unsubscribe immediately and will not re-add any address that has unsubscribed, hard-bounced, or complained, unless that person opts in again of their own initiative.

Brieva sends email on your behalf. Your use of the sending pipeline is subject to the Acceptable Use Policy. In particular: double opt-in is mandatory and cannot be disabled; the one-click unsubscribe must remain operative; lists must be your own opt-in list per the warranties above.

Compliance with the anti-spam, anti-tracking and electronic-communications laws of any jurisdiction in which your subscribers receive your newsletter is your sole responsibility. Brieva provides the infrastructure; you provide the consent, the disclosures and the lawful basis.

Brieva monitors per-tenant bounce and complaint rates and may automatically pause sends from any newsletter whose rates threaten the integrity of the shared sending infrastructure. Auto-pause is non-punitive and may be lifted once the underlying list-quality issue is resolved.

Paid plans are billed in advance through our payment provider. Fees are exclusive of GST unless stated. You can cancel at any time; cancellation takes effect at the end of the current billing period and we do not refund partially used periods, except where required by law.

We may suspend, restrict or terminate your account, with or without notice, if:

• you materially breach these Terms or the AUP, or any warranty above is or becomes untrue;
• your bounce or complaint rate exceeds the thresholds in the AUP or otherwise threatens deliverability for other customers;
• we receive a credible abuse, phishing, fraud or law-enforcement report about your use;
• you fail to pay fees when due;
• we are compelled to do so by a court order, regulator, government request, or applicable law;
• our upstream providers (Amazon SES, Anthropic, Amazon Bedrock) suspend or modify the service we depend on;
• we reasonably believe continued service exposes us, our other customers, or third parties to significant risk.

You may terminate at any time by closing your account. We will retain billing and audit records as required by law and delete other personal data per the Privacy Policy. Sections that by their nature should survive termination (including Indemnification, Warranties and liability, Survival, and Governing law) survive termination.

Brieva is provided “as is” and “as available”. To the maximum extent permitted by law, we exclude all express and implied warranties, including (without limitation) merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation. The Consumer Guarantees Act 1993 does not apply where you acquire the service for business purposes (s2 and s43 CGA), and to that extent you contract out of it.

Our aggregate liability arising out of or relating to the service — whether in contract, tort (including negligence), breach of statutory duty or otherwise — is capped at the fees you paid us in the three months before the event giving rise to the claim, or NZ$100, whichever is greater. We are not liable for any indirect, consequential, special, incidental, punitive or exemplary damages, including without limitation lost revenue, lost profits, lost data, lost goodwill, regulatory fines or reputational harm.

Each party acknowledges that these limits are a fundamental term of the bargain between us and that the fees would be materially higher without them.

You will defend, indemnify and hold harmless Brieva, EZ-AI.NZ Limited, its directors, officers, employees, contractors and agents from and against any third-party claim, demand, proceeding, loss, liability, fine, penalty, damage, cost or expense (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or relating to:

• any content you upload, configure, draft, approve or send via Brieva, including any allegation that it is defamatory, misleading or deceptive, unlawful, infringes a third party’s rights, or breaches a regulatory obligation;
• your subscriber list — how you obtained it, the consent recorded for it, or your handling of access, correction, deletion or unsubscribe requests;
• your breach of any warranty in “Your warranties” above;
• any anti-spam, electronic-communications, privacy, consumer-protection or marketing-law claim brought against Brieva by a recipient, ISP, regulator or attorney-general by reason of email sent on your behalf.

We will notify you promptly of any claim subject to this indemnity, and you will control its defence with counsel of your choice (subject to our reasonable consent). You may not settle a claim that imposes any obligation or admission on us without our prior written consent.

Neither party is liable for failure or delay in performing its obligations (except payment obligations) to the extent caused by events beyond its reasonable control, including without limitation acts of God, natural disasters, pandemic, war, riot, sabotage, cyber-attack, denial-of-service, government action, shortages of, or interruptions to, public utilities or telecommunications, or failure, suspension or material change of upstream service providers (including Amazon Web Services, Amazon SES, Amazon Bedrock and Anthropic). The affected party will use reasonable efforts to mitigate and to resume performance.

Any provision of these Terms which by its nature is intended to survive termination or expiry survives, including without limitation: Your content (as to past use); AI-generated output; No professional advice; Your warranties; Sending and subscribers (as to past use); Suspension and termination; Warranties and liability; Indemnification by customer; Force majeure; this Survival clause; and Governing law and disputes.

These Terms are governed by the laws of New Zealand without regard to its conflict-of-laws principles. The parties submit to the exclusive jurisdiction of the courts of New Zealand for any dispute arising out of or relating to the service or these Terms.

Each party brings claims only in its individual capacity. Both parties waive any right to bring or participate in a class action, collective action, representative action, or consolidated proceeding against the other, and agree that any proceeding will be conducted on an individual basis only.

We may update these Terms. Material changes will be notified at least 14 days in advance by email to the account owner. Continued use after the effective date constitutes acceptance.