Terms of Use

Last modified: January 3, 2025

These Terms of Use ("Terms") are a legal agreement between you and Bragi GmbH, a German limited liability company with its address at Sendlinger Str. 7, 80331 Munich, Germany, collectively ("we," "us," or "our") and govern your use of Bragi enabled products, services, and mobile applications (collectively, the "Services"). By accessing, using, or interacting with the Services, you are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services.  

We may revise these Terms, at our sole discretion, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes, except where applicable law requires additional notice regarding such updates, in which case we will comply with such additional notice requirements.

Certain Services may be subject to additional or separate terms and conditions. If there is a conflict between these Terms and such other terms and conditions, such other terms and conditions shall control.

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1. Definitions
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• Services: Refers to all products, mobile applications, and platforms provided by Bragi GmbH.

• User: Any individual or entity using the Services.

• Content: All materials accessible through the Services, including firmware, software, updates, and other media.
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2. Scope
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These Terms apply to all Bragi Services unless explicitly superseded by app-specific or service-specific terms. For app-specific terms, refer to the section "App-Specific Terms."

3. User Rights and Responsibilities
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Users agree to:

• Use the Services solely for their intended purposes.

• Comply with all applicable laws and regulations.

• Refrain from reverse engineering, decompiling, or extracting source code from the Services.

• Avoid introducing harmful software, such as viruses or malware.

You cannot access or use the Services if you are barred from receiving the Services under applicable law or have previously been suspended or removed from the Services.
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4. Features and Functionalities
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Bragi Services may include:

• AI-powered recommendations and interactive functionalities.

• Firmware updates and device customization.

• Integration with third-party services (e.g., music platforms, voice assistants).
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5. Third-Party Integrations
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Bragi integrates with third-party services for enhanced functionality. Use of these integrations is governed by their respective terms of service and privacy policies. Bragi GmbH is not liable for interruptions, data breaches, or other issues arising from third-party services.

For details on how third-party services may process your data, refer to our Privacy Policy.
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6. Limitation of Liability
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Bragi Services are provided "as is" and "as available" without warranties of any kind, express or implied. Bragi GmbH disclaims:

• All implied warranties, including merchantability or fitness for a particular purpose.

• Liability for disruptions, data loss, or performance issues.

Bragi GmbH is not responsible for:

• Indirect, incidental, or consequential damages arising from the use of the App.

• Device malfunctions, improper use of AI-generated recommendations, or loss of data due to user actions.

• Third-party service interruptions or inaccuracies in AI recommendations.

In jurisdictions that do not allow the exclusion or limitation of certain liabilities, these exclusions may not apply, and liability will be limited to the maximum extent permitted by law.
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7. Updates and Modifications
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Bragi reserves the right to modify, suspend, or discontinue temporarily or permanently any Services  or features (or any part thereof),  at its sole discretion, with or without notice. Users are responsible for ensuring compatibility with updates.
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8. Dispute Resolution and Governing Law
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These Terms are governed by the laws of Germany without regard to its conflicts of law principles. You are encouraged to contact us first for informal resolution at contact@bragi.com

Disputes not resolved informally shall be initiated and conducted in the courts of Munich, Germany, and you and Bragi consent to the exclusive jurisdiction of such courts.

However, if you are an international user, you may be entitled to additional protections under the mandatory consumer protection or data privacy laws of your jurisdiction.

For users residing outside Germany, any disputes related to the Services will be resolved under the laws of your local jurisdiction where such protections are mandatory and override this agreement's governing law.

9. Termination
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Bragi may suspend, terminate, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination.
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10. Contact Information for Notices

Bragi GmbH
Sendlinger Str. 7, Angerblock / 2. OG, 80331 Munich, Germany
Email: contact@bragi.com
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11. General Terms

• Force majeureUnder no circumstances will Bragi be liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. (e.g., natural disasters, cyberattacks, pandemics).

• No waiver: If we fail to insist that you perform any obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived such rights and will not mean that you do not have to comply with your obligations. If we do waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you.

• Severability: Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.

• Entire Agreement: These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Bragi and supersede any prior and contemporaneous agreement between you and Bragi on the subject matter, except as expressly provided herein.

• Assignment: These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Bragi without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.

• Modification: These Terms may only be modified by agreement between you and an authorized signatory of Bragi, specifically referencing and specifically modifying these Terms.

• Electronic processing: You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.

• Headings: Headings and subheadings in these Terms are for convenience only and have no legal or contractual effect.

• Survival: Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

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12. Mobile Apps-Specific Terms  Bragi AI Enabled Application
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• The App offers firmware updates and device optimization for Bragi-enabled products as well as AI-powered audio recommendations tailored to your user preferences.

• The App offers real-time device control through adaptive features.

• The App may request access to your device's microphone, location, and other sensitive data to deliver specific functionalities (e.g., real-time device control or AI-powered recommendations). These permissions will only be used as described and require your explicit consent. You can manage, modify, or revoke these permissions at any time through your device settings. Revoking certain permissions may limit the availability of specific features or functionalities but will not affect your general ability to use the App.

• The App offers customizable controls for tailored functionality. Detailed information about how these permissions are used is available in the Privacy Policy.

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