Terms of Service

Definitions

Eligibility & Non-Clinical Status

2.1 General Eligibility

To access or use the Services, you represent and warrant that you: (a) are at least 18 years of age; (b) possess the legal authority to enter into a binding contract; (c) are not barred from receiving the Services under applicable laws; and (d) have not been previously suspended or removed from BrioMon for material breach of these Terms. If you are accessing the Services as an Authorized User under a Corporate Client license, the Corporate Client warrants that you meet these eligibility criteria.

2.2 Strictly Non-Clinical / Not a Medical Service

Account Responsibilities & Security

3.1 Account Creation & Integrity

You agree to: (a) provide true, accurate, and current registration details; (b) safeguard the confidentiality of your login credentials; (c) accept responsibility for all activities occurring under your account; and (d) immediately notify BrioMon at connect@briomon.com upon discovering any unauthorized account access or security breach.

3.2 Account Integrity & Seat Allocation

Each account is strictly licensed to a single individual. Credential sharing or account pooling is strictly prohibited. Corporate Clients must procure distinct licenses for each individual Authorized User.

3.3 Communication Reliability

You must maintain an active, valid email address associated with your profile. BrioMon relies on this primary address to deliver critical security notices, payment confirmations, and administrative notifications.

Billing, Renewals & Refunds

4.1 Subscription Plans & Taxes

BrioMon provides monthly and annual subscription options. Active pricing tiers are detailed at briomon.com/pricing. Where supported, charges are displayed in local currencies and include applicable transactional sales tax, Value Added Tax (VAT), or Goods and Services Tax (GST) as calculated at checkout.

4.2 Automatic Renewal

Subscriptions automatically renew at the close of each billing interval unless explicitly canceled prior to the renewal date. Subscribing authorizes BrioMon to charge the renewal fee to your payment method on file. You will receive an automated renewal reminder email at least seven (7) calendar days before any annual renewal charge.

4.3 Cancellation Procedure

You may cancel your subscription at any time within your account dashboard settings or by emailing connect@briomon.com. Cancellations take effect at the conclusion of the active paid billing cycle; you retain platform access through that date and will incur no subsequent charges.

4.4 Refund Framework

4.5 Price Adjustments

BrioMon reserves the right to modify subscription pricing with at least thirty (30) days' advance notice delivered via email. Continued access following the effective date of a price revision constitutes acceptance.

4.6 Payment Failures

If a payment attempt fails, BrioMon will re-attempt collection up to three (3) times across a seven (7) day grace window. Continued collection failure may result in immediate suspension of account privileges until outstanding balances are resolved.

Permitted & Prohibited Uses

5.1 Granted License

Subject to these Terms and timely fee payment, BrioMon grants you a revocable, non-exclusive, non-transferable, non-sublicensable, worldwide license to access and use the platform solely for internal professional development and capacity training.

5.2 Prohibited Activities

You agree not to:

• Copy, mirror, scrape, distribute, reproduce, or generate derivative works from BrioMon Content or proprietary frameworks without prior written consent.
• Commercialize, resell, or lease access to the platform or underlying intellectual property.
• Reverse engineer, decompile, disassemble, or attempt to derive the underlying source code or algorithms of the Services.
• Utilize automated bots, spiders, crawlers, or scrapers to extract platform data or bypass security boundaries.
• Transmit malicious code, automated payloads, or scripts that disrupt, disable, or impair server infrastructure.
• Attempt unauthorized access to restricted server environments, user registries, or database clusters.
• Impersonate any entity or misrepresent credentials, institutional affiliations, or corporate identity.
• Misrepresent the platform as a clinical, diagnostic, or therapeutic provider.

5.3 Prescribed Brand Representation

BrioMon is a proprietary Mental Capacity Management System (MCMS™). You agree never to describe, market, or represent BrioMon as a medical provider, clinical psychology clinic, meditation repository, or medical device.

Intellectual Property & Ownership

6.1 BrioMon Proprietary IP

All patents, copyrights, trademarks, service marks, trade secrets, software code, graphic interfaces, audio compositions, and the Mental Capacity Management Framework (MCMF™) are the exclusive property of BrioMon Technologies LLC. Nothing in these Terms transfers any intellectual property ownership to you or your organization.

6.2 User Data Ownership

You retain full ownership of all User Data submitted to BrioMon. You grant BrioMon a limited, non-exclusive, worldwide, royalty-free license to store, process, and transmit your User Data strictly to operate, deliver, and maintain the Services in full alignment with our Privacy Policy. BrioMon never sells, licenses, or commercializes individual User Data.

6.3 Feedback License

Any suggestions, comments, feature requests, or analytical feedback provided by you regarding the Services may be integrated into future product iterations without restriction or financial obligation to you.

Confidentiality & Corporate Data Separation

7.1 Mutual Confidentiality

Each party agrees to protect and maintain the confidentiality of all proprietary or non-public information disclosed in connection with the Services that is marked confidential or reasonably understood to be proprietary.

7.2 The Corporate Privacy Firewall

This obligation applies strictly to Corporate Deployments. BrioMon does not disclose, display, or export individual employee pulse ratings, assessment narratives, or personal journal entries to Corporate Clients, HR managers, or administrators under any circumstance. Corporate reporting is limited to aggregate team vitalities enforcing a strict minimum threshold of five (5) active users.

Warranties & Disclaimers

8.1 Standard Commitments

BrioMon warrants that: (a) it possesses the full legal authority to enter into these Terms; (b) the platform performs materially in accordance with published system specifications; (c) it deploys commercially standard cybersecurity protections; and (d) it processes personal data in compliance with applicable data privacy statutes.

8.2 Universal Disclaimer

Liability Limits & Damage Exclusions

9.1 General Liability Cap

9.2 Enhanced Cap for Data Breach

For claims resulting directly from BrioMon's willful breach of its confidentiality commitments (Section 7) or verified violations of applicable data protection law, liability is capped at three times (3×) the fees paid by you in the preceding twelve (12) months.

9.3 Consequential Damages Waiver

9.4 Mandatory Statutory Carve-Out

Nothing in these Terms excludes or limits liability for gross negligence, willful misconduct, fraud, personal injury resulting from negligence, or any liability that cannot be legally limited under applicable consumer protection legislation.

Indemnification

You agree to defend, indemnify, and hold harmless BrioMon Technologies LLC, its officers, directors, members, employees, and agents from and against any third-party claims, liabilities, damages, judgments, and legal expenses (including reasonable attorney fees) arising from: (a) your material breach of these Terms; (b) misuse of the Services; or (c) violation of third-party intellectual property rights or applicable statutes.

This indemnification obligation does not apply to consumer users where prohibited by mandatory local laws.

Term & Termination

11.1 Duration

These Terms take effect upon your initial acceptance or platform access and continue until terminated by either party.

11.2 Voluntary Account Termination

You may terminate your account at any time by canceling your subscription within dashboard settings and requesting account deletion via connect@briomon.com.

11.3 Termination for Cause

BrioMon reserves the right to suspend or terminate account access immediately if: (a) you commit a material breach of these Terms; (b) required by court order or regulatory authority; or (c) continued operation presents a security or operational risk to other users.

11.4 Post-Termination Provisions

Upon termination, platform access terminates immediately. User Data is retained and subsequently purged in accordance with our Privacy Policy schedules. Sections 6, 7, 8, 9, 10, 12, and 13 survive termination.

Governing Law & Dispute Resolution

12.1 Governing Law

These Terms and any dispute arising out of or related to them are governed exclusively by the laws of the State of Wyoming, USA, without regard to conflict of law principles.

12.2 Binding Arbitration

Except for equitable actions seeking immediate injunctive relief to prevent intellectual property misappropriation, all disputes shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Wyoming, USA. Arbitral awards are final and enforceable in any court of competent jurisdiction.

12.3 Class Action Waiver

12.4 Consumer Jurisdiction Carve-Outs

Miscellaneous & Legal Contacts

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Corporate Master Service Agreement, represent the entire agreement between the parties.
• Amendments: BrioMon may revise these Terms by providing thirty (30) days' advance notice via email or platform notification. Continued access after updates take effect constitutes full acceptance.
• Severability: If any provision is deemed invalid or unenforceable, that clause shall be severed without impairing the validity of remaining provisions.
• Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement rights.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without prior written approval. BrioMon may assign these Terms in connection with a corporate reorganization, merger, or asset acquisition.
• Force Majeure: Neither party is liable for delivery delays or performance failures caused by events beyond reasonable control, including natural catastrophes, telecommunication blackouts, or government orders.