Terms & Conditions

This agreement is established between Bravely Tech Pte. Ltd, (UEN no. 201941102C) (henceforth referred to as “Bravely” or “Bravely Tech”) and any individual or entity using our services (henceforth “the User”).

By signing up, accessing, or using Bravely’s Mental Health Practice Management Solutions (“Software” or “Platform” or “Service”) via our Bravely Connect online portal(s) (“Website”) and our client-facing mobile application (”Client App”), the User acknowledges and agrees to these Service Terms (“Terms”) and thus forms a legally enforceable contract with Bravely Tech. These terms are applicable to all visitors and users, irrespective of their registration status.

Definitions

“Services” pertain to Bravely’s Mental Health Practice Management Solutions and associated platforms. This can include or will include, but is not limited to, functionality for mental health case documentation and records, session plans and notes, appointment scheduling, billing, invoicing, payments, and pertinent analytics. Additionally, client-specific tracking, scheduling, and documentation via the Client App are encompassed within these Services.

“Account” refers to the User's subscription account with any and all Bravely Tech Services.

“Confidential Information” encompasses all non-public information, regardless of how it is shared, which is explicitly labeled as private or inherently understood to be private based on its nature and the circumstances of its disclosure. Additionally, any non-public aspects of Bravely Tech’s services are also deemed confidential.

“Discloser” refers to the party sharing Confidential Information with the Recipient.

“Recipient” refers to the party obtaining Confidential Information from the Discloser.

“Client” refers to any individual who receives services from a registered User within the platform, as per the provisions of these Terms and Conditions.

“User Data” denotes all information and personal data that is provided by the User to Bravely during the use of our Platform and Services.

“Client Data” pertains to identifiable information and data about the User’s clients, including but not limited to their name, contact information, payment details, health records and mental health background.

“Personal Data” refers to any information, whether recorded in a material form or not, that can be used to directly or indirectly identify an individual. This may encompass, but is not limited to, names, addresses, phone numbers, email addresses, identification numbers, and any other data that can be used in combination with other data to identify an individual. Personal Data excludes any data that has been rendered anonymous or where identifying information has been permanently removed.

“De-Identified Data” refers to the anonymisation of Personal Data, Client Data and/or User Data in such a way that the resulting data lacks identifiers specific to the User or their Client(s) and does not contain any Personal Data. Both parties acknowledge that De-Identified Data is distinct from User Data and Client Data.

"PDPA" shall refer to the Personal Data Protection Act of 2012 as enacted by the Republic of Singapore.

“Third Party Service Providers” refers to therapy clinics, mental health centers, diagnostic and assessment facilities, or any entities providing non-medication-related services beneficial to the User and their practice.

“Third Party Services” refer to any external platforms, tools, or services, whether integral or supplementary, that a User may utilise in connection with their mental health practice.

1. Mental Health Practice Platform(s) - Description and Terms of Contract

1.1 This agreement provides the User with access to Bravely’s Mental Health Practice Management Solutions and related Platforms. The services encompass functionalities such as mental health case documentation, session plans, notes, assignments, appointment scheduling, billing, invoicing, payments, and relevant analytics. Additionally, the services include client-specific tracking, scheduling, and documentation accessible through the Client App.

1.2 Users may access Bravely’s platforms via a web interface, while clients can utilise both the Bravely Mobile App and the web-based booking portal.

1.3 It is the User's sole responsibility to maintain the confidentiality of their account and access details. Should there be any suspicion or discovery of unauthorised access, the User must immediately notify Bravely Tech via email at support@bravely.io. Users are obligated to ensure their account remains exclusive to them and is not shared or transferred to third parties.

1.4 The ever-evolving nature of healthcare, mental health, digital platforms, and related regulations may necessitate updates or changes to this Agreement. Bravely retains the right to amend or update these Terms, the Platform, or the services. Users are considered to have accepted any modifications by continuing to use the updated features or services. If a User disagrees with any of the amended terms, they should discontinue their use of Bravely Tech's Platforms and services immediately. It is highly recommended that Users regularly review the Website and its Terms for updates.

2. Permitted & Restricted Use of Services, and Obligations of the Parties

2.1 Bravely's Commitments

Bravely shall use its best commercial abilities to commit to the following:

2.1.1 Service Availability: Bravely Tech shall strive to ensure the consistent availability of its digital mental health practice platform to all registered Users, excluding scheduled maintenance periods or unforeseen technical disruptions.

2.1.2 Customer Support: Bravely Tech commits to providing timely customer support via email or chat. Users can expect a response within 3 business days under typical conditions. Support will assist Users with troubleshooting, technical difficulties, billing enquiries, and platform guidance.

2.1.3 Data Security: Bravely Tech shall implement robust and comprehensive security measures designed to protect the confidentiality and integrity of User and Client Data. In the event of any identified vulnerabilities or security incidents, Bravely Tech will address these promptly and notify affected Users and/or Clients, aligning with applicable regulatory standards.

2.1.4 Regulatory Compliance: Bravely Tech will continuously align its platform with Singaporean regulatory standards and any other pertinent jurisdictional mandates. Regular updates shall be made available to enhance platform functionality, improve user experience, and ensure superior service delivery.

2.1.5 Platform Enhancement: Bravely Tech shall periodically refine and update the platform, integrating advanced features, augmenting the user experience, and resolving any discovered bugs or glitches.

2.1.6 Respect for Intellectual Property: Bravely Tech acknowledges that any Client records, session plans, notes, templates, attachments, and other content produced by the User within the platform constitute the intellectual property of said User.

2.1.7 Data Privacy and Confidentiality: Bravely Tech will access User and Client Data only when essential for operational purposes or to comply with legal requirements. Such access will always adhere to our strict confidentiality protocols, ensuring the protection of data while delivering Services, addressing concerns, or fulfilling regulatory obligations.

2.1.8 Non-commercial Use of Data: Bravely Tech categorically commits to abstaining from selling, leasing, or distributing User or Client Data to third parties for profit-making objectives. The trust placed in us by our Users and their clients is paramount. Any data utilisation aligns solely with the goals of service enhancement, performance evaluation, and regulatory adherence.

2.2 Obligations of the User

2.2.1 Data Accuracy: It is the User's responsibility to ensure the accuracy and completeness of their own and their Client Data. Bravely Tech relies on Users to maintain the correctness of all data they input or upload to our platform.

2.2.2 Client Consent & Compliance: Before utilising the Service, especially any Client-facing features, the User must obtain all requisite consents, permissions, or approvals from Clients or relevant parties. The User shall consistently adhere to all prevailing data privacy and protection legislations, such as the PDPA, ensuring lawful collection, usage, transfer, access, and disclosure of User Data and Client Data.

2.2.3 Client Communication Responsibility: The User is responsible for confirming the successful receipt of any critical instructions, assignments, or communications by their Clients while using Bravely Tech's platform. In the event of any perceived technical interruptions or failures, the User shall make alternative communication arrangements if necessary to ensure continuity of care and service.

2.2.4 Authorisation to Share Data: The User must possess the appropriate permissions and authorisations before uploading, entering, submitting, or sharing any User Data or Client Data with Bravely Tech.

2.2.5 Record Retention: The User shall ensure the maintenance of backups and retain all pertinent records of their data in line with the legal requirements, regulations, and industry best practices specific to their region(s) of practice, especially those related to mental health services.

2.2.6 Use Limitations: The User shall use Bravely Tech's platform and services strictly for lawful, intended, and authorised purposes. Any malicious or unintended use may result in suspension or termination of the User’s account, legal action, or other penalties as deemed appropriate by Bravely Tech. The User is strictly prohibited from engaging in any activities that could compromise the platform's security or detract from the experience of other users.

2.2.7 Ethical Use and Mandatory Reporting: The User shall uphold ethical standards in all interactions, communications, and activities conducted within or through the platform. This includes adhering to professional codes of conduct, reporting potential harm situations, and ensuring that the platform is not used to facilitate any form of harm or abuse. If a situation arises where there is potential harm to a Client or others, the User has an obligation to follow mandatory reporting or any other interventions as required by their professional body or local legislation.

2.2.8 Notification of Unauthorised Access: In the event of any unauthorised access, usage, or suspected breach related to their account or data, the User must promptly inform Bravely Tech to initiate appropriate security measures.

2.2.9 Professional Judgement: The User acknowledges that Bravely Tech provides tools to aid in mental health practice management, but these tools do not replace or override the professional judgement of the User. The User should always rely on their expertise, training, and professional discretion when providing mental health services, regardless of any functionalities, suggestions or data provided by the platform.

2.2.10 Training and Understanding: The User is responsible for undergoing any necessary learning or orientation to ensure they fully understand and can competently use Bravely Tech's platform and services. Additionally, they should be fully versed in any associated legal or ethical obligations in their region attached to the use of such tools in the context of mental health.

2.2.11 Crisis Intervention: While Bravely Tech may offer tools for practice management, it is not a crisis intervention platform. Users are strongly advised to contact emergency services or relevant crisis helplines in the event of immediate threats or crisis situations involving their Clients. The User must also have in place, and adhere to, a separate process or procedure for addressing such situations.

2.3 Prohibited Activities by the User

2.3.1 Unauthorised Use: The User shall not use the service for purposes not explicitly permitted under this agreement or outside the intended scope of the services provided.

2.3.2 Resale of Service: The User shall not sell, resell, rent, or lease access to the service or any part thereof.

2.3.3 Inappropriate Content: The User shall not store, submit, or transmit content that infringes upon third-party rights, is libellous, or is otherwise unlawful or malicious, including but not limited to content that promotes hate speech, discrimination, or violence.

2.3.4 Interference: The User shall not interfere with or disrupt the integrity or performance of the service or the data contained therein.

2.3.5 Unlawful Access: The User shall not attempt to gain unauthorised access to the service, other user accounts, or related systems and networks.

2.3.6 Reverse Engineering: The User shall not reverse engineer, decompile, or disassemble any part of the Platform(s) or Website(s).

2.3.7 Removal of Proprietary Marks: The User shall not remove, obscure, or modify any proprietary markings, copyright notices, or restrictive legends set within the service.

2.3.8 Competitive Misuse: The User shall not access the service to develop a competing product or service, or replicate any features, functions, or graphics for competitive purposes.

2.3.9 Unlawful Activities: The User shall not use the service to support, directly or indirectly, any illegal or unlawful activities.

2.3.10 Prescription Restrictions: The User shall not utilise the platform for the prescription of medication or any medical interventions outside the purview of mental health care.

2.3.11 Scope of Practice: Use of the platform must align with mental health, therapy, psychology, counselling, coaching, and related fields in accordance with the region(s) of the User’s practice. Any deviation from this scope is not allowed.

2.3.12 Assign to Third Parties: The User shall not authorise, permit, or allow third parties to engage in any of the aforementioned prohibited activities. The User may be liable for any prohibited activities undertaken by third parties associated with or linked to their account, regardless of explicit permission.

3. Personal Data, Privacy, and De-Identified Data

3.1 Personal Data Processing: The User acknowledges that their data may include Personal Data. In fulfilling its obligations as a data intermediary, Bravely Tech shall:

3.1.1 Compliance and Instructions: Process Personal Data adhering solely to the User's instructions. This may include directives to disclose or transfer Personal Data to Third Party Service Providers, but only as required for service provision or as dictated by applicable law.

3.1.2 Data Security Measures: Adopt technical and organisational measures in line with industry standards to protect Personal Data against unauthorised or unlawful processing, accidental loss, alteration, or unauthorised disclosure.

3.1.3 Access and Corrections: Respond to any requests for access to Personal Data and rectify any inaccuracies in the Personal Data processed by Bravely Tech without undue delay.

3.2 Anonymised Data Compliance: Bravely Tech will ensure that the generation and use of De-Identified Data align with the PDPA guidelines, and any other pertinent legislations to the fullest extent possible.

3.3 Rights to De-Identified Data: In our ongoing commitment to preserving the privacy and confidentiality of Users and their Clients, Bravely Tech may aggregate or transform data into a De-Identified form. It's crucial to understand that De-Identified Data, once processed, no longer contains direct or indirect identifiers linking the data to individual Users or Clients. This transformation is irreversible. While Bravely Tech uses this De-Identified Data to improve our services, it does not in any way compromise the User's ownership rights over their original data or the right to have such data returned in alignment with this Agreement.

3.4 De-Identified Data Usage: Bravely Tech's use of aggregated De-Identified Data is strictly confined to the following purposes: (i) refining and enhancing the Platform(s) and services; (ii) technical support and troubleshooting; (iii) the exploration and introduction of innovative technologies to offer new, impactful services within the mental health domain.

3.5 User Obligations Pertaining to Data Handling:

(i) Obtain clear consent from Clients before processing their data on Bravely Tech's platform. (ii) Address any Client concerns or queries about their data's handling promptly.

4. Outcome Measures, Assessments, and Assignment of Work

4.1 Automated Scoring of Open-Sourced Measures: Bravely Tech provides automated scoring for specific outcome measures. All such measures employed are open-sourced and freely available to the public. Bravely Tech does not claim copyright or ownership over these measures nor does it derive any specific income from the utilisation of these measures.

4.2 Respect for Copyright Holders: Bravely Tech respects the rights of copyright holders. If a legitimate copyright holder of any of the hosted measures contacts Bravely Tech with a valid request to remove their measure due to copyright issues, Bravely Tech will promptly comply with this request.

4.3 Non-Provision of Licensed Measures: Bravely Tech does not provide copyrighted or licensed outcome measures. Practitioners wishing to use licensed measures should independently secure the necessary permissions, licenses, and handle all related responsibilities pertaining to the use of such measures.

4.4 Practitioner's Responsibility for Outcome Measures: Practitioners are solely accountable for ensuring that any outcome measure or assessment they use, either through Bravely Tech or independently, adheres to the requisite ethical, legal, and professional guidelines.

4.5 Intellectual Property Ownership: Bravely Tech provides practitioners the capability to assign work, transmit documents, and send attachments through its platform. Practitioners maintain full ownership or licensing rights over any intellectual property they transmit. Bravely Tech neither claims nor assumes ownership or rights over such intellectual property.

4.6 No Review of Transmitted Intellectual Property: Bravely Tech does not review, verify, or monitor the content of documents or attachments sent by practitioners through its platform for the purpose of ascertaining intellectual property rights. Bravely Tech shall not be held responsible or liable for any violations of intellectual property rights related to content transmitted by practitioners.

4.7 Practitioner's Responsibility for Intellectual Property: Practitioners are solely responsible for ensuring that they have the necessary rights, permissions, and licenses to share, distribute, or transmit any intellectual property through Bravely Tech's platform. Practitioners indemnify Bravely Tech from any claims, liabilities, or legal actions stemming from the infringement of intellectual property rights due to the content they transmit.

5. Third Party Service Providers

5.1 Engagement with Third Parties: Bravely Tech may collaborate or integrate with Third Party Service Providers to deliver certain services. The User acknowledges and consents to this arrangement.

5.2 Data Protection and Third Party Sharing: If the User opts to utilise Third Party Services, they are responsible for ensuring full compliance with all relevant data protection legislations, including the PDPA. However, when Bravely Tech shares User and Client Data with Third Parties for service-related functions, it will ensure that these Third Parties maintain appropriate security measures. Notwithstanding, the User must always exercise discretion and understand the data policies of any Third Party Service they decide to use directly.

5.3 Additional Terms for Third Party Services: Availing any Third Party Services might necessitate the User's agreement to supplemental terms and conditions set by the respective Third Party Service Provider. Bravely Tech will make these additional terms available to the User upon their engagement with or procurement of the Third Party Services.

5.4 Autonomy of Third Party Service Providers: The User acknowledges that Third Party Service Providers are separate and autonomous entities, and while Bravely Tech might collaborate with them, it neither controls nor oversees their services directly. As such, Bravely Tech cannot vouch for the consistent quality or reliability of their offerings. It's also worth noting that these providers may change, pause, or cease their services without giving prior notice. However, whenever feasible, Bravely Tech commits to notifying the User if it becomes privy to significant modifications or discontinuations in Third Party Services.

5.5 Disclaimers and Limited Liability: Although Bravely Tech exercises caution in its selection of Third Party Service Providers, it does not hold liability for any actions, negligence, missteps, or breaches originating from these entities. Users should directly approach the specific Third Party Service Provider for any grievances related to their services unless mandated otherwise by law.

5.6 Disclosure Upon Request: Users may request an updated list of Bravely Tech's Third Party Service Providers. While Bravely Tech intends to be transparent, certain disclosures might be limited due to commercial confidentiality agreements.

6. Disclaimers

6.1 Warranty Disclaimers:

6.1.1 No Express or Implied Warranty: The Bravely Tech service is provided "as is" and "as available", without any warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

6.1.2 No Service Guarantee: Bravely Tech does not guarantee uninterrupted, secure, or error-free operation of the service. Outages, interruptions, or disruptions may occur, and Bravely Tech does not warrant that these will be corrected. Bravely Tech will, however, make reasonable efforts to resolve or mitigate such disruptions when they occur.

6.2 Nature of the Service:

6.2.1 No Therapeutic Advice or Diagnosis: Bravely Tech's Platforms are not intended to offer therapeutic advice, conduct mental health diagnoses, or dictate therapeutic interventions. The service should not replace the professional judgment of licensed therapists, psychologists, or other mental health care providers.

6.3 User Responsibilities:

6.3.1 Accuracy of Information: The User is solely responsible for ensuring the accuracy of Client information, which includes but is not limited to, obtaining a mental health history, emergency contacts, and consents.

6.3.2 Consent: Obtaining Client consent for using Bravely Tech's services is the responsibility of the User. The User shall inform Clients that Bravely Tech is a tool and should be used in conjunction with, and not as a replacement for, professional judgment.

6.3.3 Clinical Decisions: All decisions or actions concerning the mental and emotional health and wellness of Clients, including any acts or omissions based on information provided by the service, are the User's sole responsibility. Any reliance on or use of Bravely Tech's service does not diminish the User's clinical accountability.

6.3.4 Compliance with Local Regulations: The User is solely accountable for ensuring that their engagement with Bravely Tech and their subsequent practice of therapy or mental health care is in full compliance with the regulatory frameworks, ethical standards, and legal stipulations of their specific jurisdiction. Bravely Tech shall not be held liable for any violations or non-compliance by the User with respect to such local regulations and laws.

6.4 Risk Acknowledgment:

6.4.1 By opting to use Bravely Tech’s Service(s) and Platform(s) in a therapeutic setting, the User acknowledges and accepts all risks associated with its use. The User recognises the importance of applying their professional expertise and sound judgment when integrating Bravely Tech into their practice. Where local laws permit, the User assumes all associated liabilities stemming from their application of Bravely Tech in Client treatment and/or engagement. It is recommended that the User always employ Bravely Tech as a supplementary tool, alongside other diagnostic methods and professional judgment.

6.5. Mandatory Reporting:

6.5.1 Users are reminded of their ethical and legal obligations concerning mandatory reporting, especially in circumstances that involve potential harm to the Client or others, suspected child abuse, or any other reportable incidents as per their jurisdiction's laws.

6.5.2 Bravely Tech does not assume responsibility for a User’s failure to adhere to these obligations. It is the sole responsibility of the User to remain updated on their jurisdiction's reporting laws and to take appropriate action when necessary.

6.5.3 While Bravely Tech provides a platform for interaction between Users and their Clients, it does not monitor these interactions for mandatory reporting scenarios. Therefore, the onus lies entirely with the User to recognise and act upon these situations.

6.6 Data Loss:

6.6.1 While Bravely Tech employs measures to protect and back up data, the User is ultimately responsible for maintaining their own backup of data. Bravely Tech shall not be responsible for any loss, destruction, alteration, unauthorised disclosure, or corruption of User and Client Data stored on the platform.

7. Indemnification

7.1 General Obligation to Indemnify: The User agrees to indemnify, hold harmless, and defend Bravely Tech, its directors, officers, employees, and agents from any liability, cost, or expense, including reasonable attorney’s fees, that Bravely Tech may suffer or incur as a result of claims, demands, costs, or judgments against Bravely Tech arising out of or in connection with:

7.1.1 Breach: The User's breach of its obligations, representations, and/or warranties under these Terms.

7.1.2 Unauthorised Activities: The User's unauthorised use, access, or distribution of the Service.

7.1.3 Data Privacy Obligations: The User's non-compliance or infringement of its data privacy obligations under the PDPA.

7.1.4 Misrepresentation: The User's provision of false, duplicate, incomplete, unauthorised, or misleading information.

7.1.5 Intellectual Property Rights: The User's violation of intellectual property rights, including but not limited to copyrights, patents, and trademarks, or other rights of any third party.

7.1.6 Clients Usage: Any claims made by third parties against Bravely Tech as a result of User's utilisation of the Service.

7.2 Client Communication & Scheduling: The User acknowledges and understands that, while Bravely Tech strives to ensure the consistent and uninterrupted delivery of instructions, assignments, scheduling and communications via its platform, technical issues may occasionally occur. These issues can be due to factors beyond Bravely Tech's control, such as software bugs, server downtimes, internet disruptions, or other technical malfunctions.

7.2.1 Instructions & Assignments: In the event that a Client fails to receive instructions, assignments, or any other essential communication due to such technical interruptions, Bravely Tech shall not be held liable or responsible for any consequences, losses, damages, or inconveniences that may arise as a result.

7.2.2 Scheduling Disruptions: The User acknowledges and understands that while Bravely Tech endeavours to ensure accurate and reliable scheduling through its platform, unforeseen technical issues may occasionally disrupt these scheduling functions. Such disruptions can be due to factors beyond Bravely Tech's control, such as software inconsistencies, server downtime, internet disruptions, or other technical malfunctions.

7.2.3 Indemnity for Technical & Scheduling Issues: By using Bravely Tech's services, the User agrees to indemnify, defend, and hold harmless Bravely Tech, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees and costs, arising out of or in any way connected with the aforementioned technical interruptions, scheduling disruptions, miscommunication and the potential non-receipt of instructions or assignments.

8. Mutual Confidentiality

8.1 Protection of Confidential Information

8.1.1 Confidentiality Obligation: The Recipient shall employ at least the same care used to protect its own Confidential Information, but no less than reasonable care, to prevent the unauthorised use or exposure of the Discloser's Confidential Information. The Recipient will limit access to the Confidential Information of the Discloser to employees or agents who need it for purposes consistent with these Terms and have confidentiality obligations no less strict than those within this Agreement.

8.1.2 Required Disclosures: The Recipient may disclose Confidential Information when mandated by law or judicial proceedings but will give prior notification to the Discloser when legally permissible.

8.2 Exclusions

Confidential Information does not encompass data that:

8.2.1 Becomes publicly known without a breach by the Recipient.

8.2.2 Was in the Recipient's possession prior to its disclosure without breaching any obligation.

8.2.3 Is independently received from a third party without breach of any obligations.

8.2.4 Is developed independently by the Recipient without accessing the Discloser's Confidential Information.

8.2.5 Has undergone processing to become De-Identified Data.

8.3 Mental Health and PDPA Specifics:

8.3.1 All patient information, including, but not limited to, personal identification details, medical histories, therapist-patient interactions, treatment plans, and any associated documentation, is regarded as confidential.

8.3.2 The Recipient acknowledges that some of the Confidential Information may pertain to mental health information, which requires additional care and sensitivity in its handling. In such cases, the Recipient should provide an additional layer of care beyond standard confidentiality practices.

8.3.3 Bravely Tech is dedicated to ensuring the utmost protection of this information from unauthorised access, disclosure, alteration, or destruction. However, it should be noted that the responsibility for maintaining this confidentiality during consultations or direct communications lies with both the practitioner and the patient.

8.3.4 Both parties shall ensure full compliance with the PDPA and its guidelines when handling or processing Personal Data that is part of the Confidential Information.

9. Proprietary Rights

9.1 Ownership of User Data

9.1.1 Data Ownership: Bravely acknowledges that all User Data remains the property of the User. Except for the limited rights to utilise the User Data explicitly set forth in these Terms, nothing herein grants Bravely any additional rights to such data.

9.1.2 Intellectual Property: All rights, titles, and interests, inclusive of intellectual property rights in the services, remain with Bravely or its licensors. The User holds a restricted right to use the services as prescribed in these Terms.

9.1.3 Feedback: Feedback aids Bravely in enhancing the services, ultimately benefiting users. Once shared with Bravely, Bravely retains rights to such feedback and any resultant intellectual property.

9.1.4 Data License: The User grants Bravely a limited, global, royalty-free license to use User Data and Client Data exclusively for the purpose of delivering the services that the User has specifically requested or opted into.

9.1.4.1 “Global” Definition: The term "global" in this context solely refers to the technical infrastructure Bravely uses to deliver its services. It does not imply any broader or unrestricted use of data across global markets or for extraneous purposes outside of the specific service delivery to the User.

9.1.4.2 Prohibited Uses:

Without the explicit written consent of the User, Bravely shall not: (i) Use, share, or distribute the data for marketing purposes. (ii) Use the data for independent research or development projects. (iii) Sell or monetise the data, whether in its original form, aggregated, or de-identified. (iv) Train machine learning or artificial intelligence (A.I.) models using the data, unless such training directly benefits the User's experience and is communicated transparently to the User.

9.1.4.3 De-identification and Aggregation: If Bravely uses De-Identified Data in an aggregated form, such usage will be for internal service improvement purposes only. Bravely commits to using de-identification techniques and safeguards to ensure that individual data cannot be linked back to individual users or clients.

9.1.5 Marketing Use: With adherence to the User's branding guidelines, Bravely may list the User as a client for marketing objectives, encompassing the use of the User's name and/or logo in promotional content. Should the User wish to be excluded from promotional content, they may opt out by providing written notice to Bravely.

10. Limitation of Liability

10.1 Service Performance: Bravely Tech shall exert its best commercial efforts to ensure the Services perform in accordance with their designated functionalities as outlined in prior clauses.

10.2 Service Operation: Bravely Tech does not guarantee uninterrupted or error-free operation of the Services. The User acknowledges that Bravely Tech does not control data transfer over communication channels, such as the internet. The Services might be subject to limitations, delays, and other issues related to internet-based communication. Bravely Tech shall not be held accountable for any disruptions, delivery failures, or damages arising from communication issues, Third Party Services, or the User's breach of this Agreement.

10.3 Remedy for Breach: In the event of a breach of clause 9.1, the sole remedy available to the User will be Bravely Tech’s effort to correct the deficiency in the Services.

10.4 Exclusions from Liability: Notwithstanding anything to the contrary contained herein, Bravely Tech shall not be responsible for any loss of revenue, profits, or data, or for special, indirect, consequential, incidental, or punitive damages, regardless of the cause. This limitation is applicable regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

10.5 Maximum Liability: Regardless of the circumstances, Bravely Tech’s total liability for any damages or issues arising out of or related to this Agreement (whether in contract, tort, or any other form) shall not surpass the actual fees paid by the User to Bravely Tech in the 12-month period immediately preceding the event which led to the claim.

11. Subscription Fees & Refunds

11.1 Subscription Plans and Payment:

11.1.1 Bravely Tech offers both monthly and annual subscription plans. Users are required to pay their subscription fees upfront, in accordance with their chosen plan.

11.1.2 Different pricing structures exist for individual users and clinics. While users can upgrade from an individual to a clinic plan, the reverse is not allowed. Clinics wishing to downgrade must contact Bravely Tech support to discuss their options.

11.2 Overages:

11.2.1 Additional charges apply when users exceed set limits for active clients, appointment bookings, or library storage.

11.2.2 These overage charges are automated and billed immediately upon occurrence. Users will receive an email notification every time an overage charge is applied.

11.2.3 While overage charges related to appointment bookings don't carry over to the next month, those for active clients and storage are recalculated each billing cycle or upon triggering.

11.3 Plan Modifications:

11.3.1 Upgrading a subscription incurs a prorated fee, with regular charges resuming from the next billing cycle. The prorated fee takes into account the difference between the two plans and the remaining time in the current billing cycle.

11.3.2 A plan downgrade results in an account credit, which is non-refundable in cash.

11.3.3 Cancelled subscriptions allow users access to Bravely Tech's platform until the current billing cycle ends.

11.4 Account Deactivation, Data Retention, and Non-Payment:

11.4.1 Users may deactivate their account and terminate their plan. Their data will be retained for a period set by Bravely Tech and may be deleted thereafter.

11.4.2 For immediate data deletion post-cancellation, users should reach out to Bravely Tech.

11.4.3 Non-payment leading to account inactivity restricts Clients from accessing certain Bravely features. Bravely Tech may or may not notify Clients about the inactive status of the User's account.

11.4.4 Non-payment authorises Bravely Tech to limit User access and hold their data temporarily. Post this period, data deletion is at Bravely Tech's discretion.

11.5 Refunds:

11.5.1 A 30-day 'no questions asked' refund policy is available from the start date of the subscription. The 30-day refund policy can only be availed once per user to prevent misuse. Refund requests should be directed to Bravely Tech's support channels.

11.6 Termination Consequences:

11.6.1 Bravely Tech may suspend or terminate User access for non-payment or breaches of these Terms, without prior intimation.

11.6.2 Termination, regardless of its cause, will not impede either party's accrued rights or remedies.

11.7 Auto-Renewal:

Unless the User cancels their subscription before its expiration, the subscription will automatically renew with the same terms as previously agreed upon.

11.8 Price Changes:

Bravely Tech can modify its service pricing at any time. Such changes will take effect after notifying the User via email. Price changes will become effective from the next billing cycle after notification has been sent.

11.9 Limitation of Liability in Relation to User Data:

11.9.1 While Bravely Tech upholds strict data protection standards and measures, it cannot be held liable for damages arising due to unforeseen circumstances such as data breaches. Additionally, the company is not liable for potential consequences related to User's or Client's misuse of the Service(s), instances of non-payment, or actions occurring after the termination of contractual obligations. To safeguard their information, Users are strongly advised to perform regular data backups, particularly when expecting extended account inactivity or contemplating account termination.

11.9.2 Post payment lapses or account deactivation, all User Data may be deleted after a set duration, for which Bravely Tech holds no liability.

12. Termination

12.1 Subscription Term:

This Agreement shall persist either for the chosen monthly or annual subscription period. The agreement will naturally conclude at the end of the specified term unless it is terminated earlier as per the conditions in Clause 11.4, and the following stipulations.

12.2 Automatic Termination:

Unless renewed, this Agreement will terminate automatically at the end of the subscription period, be it monthly or yearly.

12.3 Grounds for Immediate Termination or Suspension:

Bravely Tech reserves the right, without the need to supply prior notice, to either terminate or suspend the User’s access to the Services upon the occurrence of the following events:

12.3.1 Failure of the User to make timely payments of subscription fees and/or any additional charges.

12.3.2 The User's breach of any significant provision of these Terms that remains unresolved 10 days after a notice has been dispatched. The 10-day period begins from the date the notice was received by the User.

12.3.3 Bravely Tech determines that the User’s actions could potentially lead to legal repercussions or if the User has misrepresented any data or information that is requisite for Bravely Tech to provide its Services.

12.3.4 Bravely Tech may terminate the User's access to services if informed about or otherwise made aware of the User's financial difficulties, including, but not limited to, insolvency, or if any legal action initiates against the User relating to financial solvency. This also applies if a trustee or receiver is appointed regarding the User's assets or if any distress, execution, or attachment is pursued against the User's properties or assets.

12.4 Waiver of Rights:

The User explicitly acknowledges and consents to waive any rights to pursue claims, demands, or any legal action against Bravely Tech for its decision to suspend or terminate the Service as outlined in Clause 12.

12.5 Non-refundable Subscription Fees:

Beyond the initial 30-day 'no questions asked' refund policy, subscription fees, whether monthly or annually, are non-refundable. In the event of an early termination, subscription fees will not be pro-rated. Such fees shall be deemed accrued and payable upon acceptance of the User’s subscription by Bravely Tech.

12.6 Persistence of Certain Clauses:

Despite termination of the Services for any reason, the rights and obligations under Clauses 6, 7, 8, 9, 10, 11.6, 12, and 13 will persist. Additionally, any fees pending from the User at the time of termination shall remain due.

12.7 Obligations Upon Termination:

12.7.1 Following the termination of the Services, the User must settle any outstanding and unpaid subscription fees and ensure the return, destruction, or discontinuation of use of any equipment, materials, and other items (including all copies) belonging to Bravely Tech. The User will provide evidence of fulfilling this responsibility upon Bravely Tech's reasonable request. Failure to comply with this clause may result in additional charges and/or legal action.

12.7.2 Bravely Tech commits to return the User Data in a format that isn't proprietary within 14 days post-termination of this Agreement. This commitment will be deemed met once Bravely Tech provides a functioning link for the User to download their data. Bravely Tech will erase the mentioned User Data within 60 days of this Agreement's termination, unless legally obligated to retain it. Users should ensure they download their data prior to this deletion, as any later retrieval might be subject to feasibility and potential costs.

13. Miscellaneous

13.1 Entire Agreement: This Agreement, inclusive of its appendices and exhibits, represents the complete understanding between Bravely Tech and the User and supersedes any previous agreements, understandings, and discussions related to its content.

13.2 Severability: If any provision of this Agreement is deemed illegal, invalid, or unenforceable, such provision shall be considered stricken from this Agreement, but all other provisions will remain in full force and effect. However, both parties will negotiate in good faith to replace such void provision with a valid and enforceable one that closely mirrors the intent and economic effect of the stricken provision.

13.3 Waiver: No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein.

13.4 Assignment: The User may not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of Bravely Tech. Any unauthorised assignment or transfer by the User shall be deemed null and void. Bravely Tech may assign or transfer any of its rights or obligations under this Agreement without notice or consent.

13.5 Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall first be attempted to be resolved through amicable negotiations. If such negotiations are unsuccessful, the parties agree to resolve any such disputes through binding arbitration in English in Singapore, in accordance with the rules of the Courts of Singapore.

13.6 Force Majeure: Neither party will be liable for any delay or failure in performance due to events outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13.7 Notices: All notices under this Agreement shall be in writing and shall be delivered by email or at the address provided by each party, with acknowledgment of receipt. Any notices shall be deemed received on the date of successful transmission if sent by email or five (5) days after dispatch if sent by post.

13.8 No Third-Party Beneficiaries: Except as expressly provided in this Agreement, no provisions of this Agreement are intended or shall be construed to confer upon or give to any person or entity other than the User and Bravely Tech any rights, remedies, or other benefits under or by reason of this Agreement.

13.9 Relationship of the Parties: Each party operates as an independent entity, responsible for its own decisions and actions. Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties. Neither party shall have the authority to make any statements, representations, or commitments of any kind or to take any action binding on the other, except as expressly authorised in writing.

13.10 Commitment to Ethical Practices:

13.10.1 Bravely Tech is steadfast in its dedication to maintaining ethical conduct within its operations. Specifically, Bravely Tech commits to principles of honesty, transparency, fairness, and respect in its dealings.

13.10.2 Definitions:

"Ethical Breach": An action or inaction that grossly violates the principles of honesty, transparency, fairness, and respect. Minor deviations or inadvertent errors will not be considered an ethical breach unless they cause significant harm or misrepresentation.

"Fair Investigation": An objective assessment conducted by an impartial third-party to ascertain the nature and extent of a purported ethical breach.

13.10.3 User Obligations: Users of Bravely Tech's Services are expected to adhere to general standards of professionalism and integrity pertinent to their specific field of work. While Bravely Tech acknowledges the varied ethical standards across different professions and regions, Users are expected not to engage in actions that would be universally deemed as dishonest, misleading, or harmful.

13.10.4 Termination Due to Ethical Breach: Bravely Tech reserves the right to terminate this agreement with a User if there's a proven ethical breach. Such termination will only occur after:

(i) A complaint or report of a suspected ethical breach has been submitted,

(ii) A fair investigation has been conducted and has found the User to have committed an ethical breach, and

(iii) The User has been given an opportunity to respond to the findings of the investigation.

13.10.5 Legal Ramifications: Legal actions may be pursued by Bravely Tech against a User who has committed an ethical breach that has caused material harm or damage to Bravely Tech or its stakeholders. Such legal actions will be in line with the applicable laws and regulations.

14. Jurisdiction and Governing Law

14.1 This Agreement is to be interpreted and governed by the laws of Singapore, disregarding its conflict of law provisions and principles. Both parties explicitly consent to submit any disputes arising from this Agreement to the exclusive jurisdiction of the Courts of Singapore.

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