User Terms

Terms of Service for Businesses

Bravado Network Terms of Service for Businesses 

Last Updated: February 20, 2025

PLEASE READ THESE BRAVADO NETWORK TERMS OF SERVICE FOR BUSINESSES AND OUR PRIVACY POLICY CAREFULLY. BY USING OUR SERVICES, YOU AGREE TO THESE TERMS OF SERVICE.

Welcome to the Bravado Network, Inc. (“Bravado”, “we”, “us”, or “our”)’s website located at https://bravado.co (the “Site”). On our Site and through our mobile application (the “App”) we offer a platform designed for a growing and dynamic sales team with various products and services (each a “Product”), including, without limitation, access to full-time employment and /or contracting prospects, recruitment and outreach tools, networking opportunities, and collaborative forums for support. To make these Bravado Network Terms of Service for Businesses (“Terms”) easier to read, our Site, App, and any Products, are collectively called the “Services.”  

These Bravado Network Terms of Service for Businesses apply to businesses or companies (a “Business”, “you” or “your”) seeking to use the Product(s) for their sales team. Your Order Form (as defined below) will specify which Product(s) you have access to. Additional terms and conditions may apply, as further described in the Hunter Product Specific Additional Terms or the Talent Agency Product Specific Additional Terms https://info.bravado.co/bravado-network-product-specific-terms. 

If you are (1) an individual sales professional seeking professional opportunities with Businesses (“Members”) or (2) an individual person (e.g. managers, business counterparts, clients, decision-makers, etc.) that has been contacted by a Member to provide his/her/their review, testimonial or recommendation or share his/her/their professional experience working with the requesting Member (each such reviewing person, a “Reviewer” and each such review, testimonial or recommendation, a “Testimonial”), then the Bravado Network Terms of Service for Users (https://info.bravado.co/bravado-network-terms-of-service-for-users) apply to you. The term “Users” means any Member and/or Reviewer. 

About the Services

Many of the Products that we offer are powered or supported by AI and machine-learned based technology (collectively, “AI Services”). 

Given the early state of this technology, we also acknowledge that there are areas that we will need to continually improve on so that we can continuously enhance the performance and usability of our Products. AS PART OF THAT, YOU RECOGNIZE THAT:

  • We may develop or derive data or insights from Business Content and your use of the Services, including without limitation, any usage data and selections and trends specific to the Services, provided that, in each case, such data is de-identified of any personal information (as defined in the Privacy Policy) (“Service Information”), as further described in “Content of the Services” below. 

  • The information you receive from our Services may not be accurate or trustworthy. You recognize that any information you receive from our Services may not be accurate, reliable or otherwise trustworthy. Getting factuality right remains an active area of research for the entire field of AI, and it remains a significant priority for the development of the Services going forward. Please also review the “Warranty Disclaimers” section below for additional information.

Agreement to Terms

The Services are provided by Bravado, and these Bravado Network Terms of Service for Businesses are entered into by and between Bravado and Business (in your capacity as a Business), and any documents incorporated by reference (collectively, these “Terms”) govern your access to and use of the Services. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Employees of Businesses may accept these Terms of Service at different times, however, the most recently accepted version will apply to the Business and all employees, superseding any prior acceptances. Please review our Privacy Policy (https://info.bravado.co/privacy-policy), which also governs your use of the Services, for information on how we collect, use and share your information. 

Changes to Terms or Services; Order of Precedence

Bravado may modify these Terms from time to time, by posting changes on the Site. Bravado must use commercially reasonable efforts to post any such modification at least fifteen (15) days prior to its effective date. Modifications typically take effect at the next Order Form date or renewal. Bravado may specify that modifications will become effective during a then-current term if (i) required to address compliance with applicable law or regulations, in which case, Businesses can terminate their Terms if they object within 10 days of the modification, or (ii) required to reflect updates to Product functionality or introduction of new Product features, including without limitation our new restrictions regarding acceptable use. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after the effective date of the modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you must not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.  

These Terms will govern and control your use of the Services and interactions with the Site from the date these Terms were last updated and afterward.

Who May Use the Services

Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Bravado and are not barred from using the Services under applicable law.  

Registration and Your Information. In order to access and use certain features of our Services, you’ll have to register as a business member (“Business Member”). You can register via the Site or through your corporate email account with certain third-party email services such as Gmail or Outlook (each, an “SNS Account”). If you choose the SNS Account option, we’ll create your Business Member account (“Business Member Account”) by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.

It’s important that you provide us with accurate, complete and up-to-date information for your Business Member Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Business Member Account. You agree that you won’t disclose your Business Member Account password to anyone and you’ll notify us immediately of any unauthorized use of your Business Member Account. You’re responsible for all activities that occur under or through your Business Member Account, whether or not you know about them. You will also remain fully and directly liable to Bravado for any and all use of the Services by your users as if such use was by you yourself under these Terms. By uploading or submitting any materials, including without limitation, your profile picture, staffing needs and any other Business Content (as defined below) into the Services, you acknowledge that none of the Business Content is confidential, and hereby consent to us publishing your Business Content on our Services, unless you change your profile settings within your account page, to be “private.”

Relationships Among Member, Bravado and Businesses

In connection with any employment or contractor opportunity (each an “Opportunity”) offered via the Services, no agency, partnership, joint venture, or franchiser-franchisee relationship is intended or created by these Terms, as between either Bravado and you, Bravado or the applicable Member, or the applicable Member and you. Also, no employer-employee is intended or created by these Terms, as between Bravado and you. You have no authority to bind Bravado by contract or otherwise. You are solely responsible for your interactions with each applicable Member in connection with any Opportunity, and will exercise caution, discretion, common sense and judgment in connection therewith. You understand that Bravado does not screen or vet Members, including, but not limited to, criminal or other background or credit checks. 

You agree (i) to comply with any specific terms, conditions or requirements including in your Order Form, (ii) that your engagement with a Member as a contractor or your employment of an employee does not conflict with or violate a term or any agreement to which you are bound, and (iii) to honor your commitments to Bravado and Member in connection with each Opportunity you initiate. 

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@bravado.co. Feedback is provided on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such Feedback secret, to refrain from using such Feedback, or to compensate you for the receipt or use of such Feedback. Bravado is free to use, for any purpose whatsoever, any Feedback, including, but not limited to publishing, developing, and marketing our Services using such Feedback. By providing any Feedback to Bravado, you hereby grant us a perpetual right to reuse, redistribute, publish, perform, create derivative works from, modify and otherwise exploit such Feedback without any compensation to you.

Content on the Services

“Content” means the text, graphics, images, software, designs, audio, video, Output, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

“Business Content” means any Content that you provide to be made available through the Services, including Input. 

Content Ownership, Responsibility and Removal

By agreeing to these Terms, you also agree to the transfer of your Business Content, including any personal data about you, to the United States.

Rights in Business Content Granted by You

Bravado does not claim any ownership rights in any Business Content. By making any Business Content available through the Services you hereby grant to Bravado a non-exclusive, transferable, sublicensable, worldwide, royalty-free license, with a right to grant sublicenses, to use, copy, modify (including to create Service Information), publicly display, publicly perform, and distribute your Business Content in connection with operating, providing and improving the Services and Content to you and to other Users.  

You are solely responsible for all your Business Content. You represent and warrant that: (i) you own all your Business Content or you have all rights that are necessary to grant us the license rights in your Business Content under these Terms; (ii) the Business Content that you submit through the Services will be true and accurate; and (iii) neither your Business Content, nor your use and provision of your Business Content to be made available through the Services, nor any use of your Business Content by Bravado on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The AI Services may generate output for you (each, “Output”) in response to: (i) your interaction, request or input; or (ii) Business Content uploaded or submitted to influence the Output or AI Services (collectively, “Input”).

You can remove your Business Content by specifically deleting it. However, in certain instances, some of your Business Content may not be completely removed and copies of your Business Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Business Content.

Rights in Content Granted by Bravado

Bravado and its licensors exclusively own all right, title, and interest in and to the Services and the Content provided by Bravado on the Services, and all associated intellectual property rights. You acknowledge that the Services and Content provided by Bravado are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Content provided by Bravado. In addition, Bravado owns all right, title, and interest in any Service Information. To review our cookie policy, please see our separate Cookie Notice. 

Confidentiality

You understand that information of a confidential or secret nature about a Member may be disclosed to you in connection with the Services, including, but not limited to, use cases, business strategies and financial information, including, but not limited to, candidate names, contact information, resumes and employment histories (collectively, “Member Confidential Information”) and you agree both during and after your use of the Services to keep and hold all such Member Confidential Information in strict confidence and trust. You agree not to disclose any Member Confidential Information without the prior written consent of the applicable Member. Member Confidential Information will not include information which: (i) is now, or hereafter becomes, through no act or failure to act on your part, generally known or available to the public; (ii) was acquired by you before receiving such information from the applicable Member and without restriction as to use or disclosure; (iii) is rightfully furnished to you by a third party without restriction as to use or disclosure; or (iv) is independently developed by you without use or access to the Member Confidential Information. 

General Prohibitions and Bravado’s Enforcement Rights

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Business Content or Output that: (i) infringes, misappropriates or violates a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, forged, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vii) promotes illegal or harmful activities or substances; (viii) attempts to sell a product(s); (ix) is self-promoting or intends to drive traffic to a third-party site; or (x) is spam or commercial content;

  • Sell or share for commercial benefit or purposes Output to any third parties;

  • Use the AI Services or any Output in a manner that violates the Acceptable Use Policy located at https://info.bravado.co/acceptable-use

  • Utilize the Services (including any AI models or derivatives thereof), documentation, Input or Output to train, improve or have trained or improved an AI model (e.g., engage in “model scraping”);

  • Use, display, mirror or frame the Services or any individual element within the Services, Bravado’s name, any Bravado trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Bravado’s express written consent;

  • Access, tamper with, or use non-public areas of the Services, Bravado’s computer systems, or the technical delivery systems of Bravado’s providers;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Bravado or any of Bravado’s providers or any other third party (including another User) to protect the Services or Content;

  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;

  • Attempt to decipher, decompile, disassemble, reverse engineer, engage in any of the adversarial attacks set forth in the NIST AI 100-2 E2023 publication available at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-2e2023.pdf, or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms or systems used to provide the Services; 

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Engage in coordinated inauthentic behavior or disinformation campaigns or generate deceptive or misleading comments, reviews or Testimonials;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing. 

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Business Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, temporarily or permanently suspend or ban access to the Services, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Business Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, and consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Service Level Description. Bravado will use commercially reasonable efforts to make the Services available with a target uptime percentage of 99%, measured on a monthly basis, except for excused downtime, which, for purposes of these Terms, means (i) planned downtime (with reasonable advance notice to your) of the Services; (ii) emergency downtime of Services; and (iii) any unavailability of the Services caused by circumstances beyond Bravado’s reasonable control.

DMCA/Copyright Policy

Bravado respects copyright law and expects its users to do the same. It is Bravado’s policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Bravado’s Copyright Policy, for further information.

Links to Third-Party Websites or Resources

The Services may contain links to or integrations with third-party websites, services or resources. We provide these links and integrations only as a convenience and are not responsible for the content (or the accuracy, truthfulness or reliability of such content), products or services on or available from those websites, services or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites, services or resources.

Fees

Bravado requires payment of a fee for use of the Services (or certain portions thereof), and you agree to pay such fees. Bravado and Business will enter into a separate written agreement (“Order Form”) outlining the applicable fees and pricing terms, including indicating whether your payment is a one-time payment (“One-Time Payment”) and/or purchasing a subscription (“Subscription”). The Order Form will also include any applicable specialized terms, depending on your specific Products. 

Except as otherwise set forth in the Order Form the following terms on fees apply to you: 

Transaction Terms. Whether you make a One-Time Payment or purchase a Subscription (each a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction, processing fees and any other fees to which Bravado collects or is entitled. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. If you fail to pay any payment or fee described hereunder (or in the Order Form) when due, late charges will accrue at the rate of 1.5% per month or, if lower, the highest rate permitted by applicable law and Bravado may suspend the Services until all payments are made in full.

Subscription-Based Fees. If you purchase or are required to pay a Subscription, you will be charged the applicable Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription period and such Subscription Fee will auto-renew monthly, quarterly or annually thereafter, depending on your Subscription period, at the then-current Subscription Fee. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE BRAVADO TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH IN THIS SECTION. If you purchase a Subscription, we or our third-party payment processor will automatically charge you each month, quarter or year, depending on your subscription period, following the commencement of your Subscription, using the Payment Information you have provided until we or you terminate your Subscription in accordance with these Terms. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation thereof by you or Bravado in accordance with these Terms. 

Cancelling Payments or Fees. YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR FEES OR PAYMENTS HEREUNDER, INCLUDING YOUR ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. HOWEVER, IF YOU PURCHASED THE TALENT AGENCY PRODUCT, YOU MAY BE ELIGIBLE FOR REPLACEMENT SEARCHES IN CERTAIN SCENARIOS. PLEASE REFER TO THE PRODUCT-SPECIFIC ADDITIONAL TERMS TO DETERMINE ELIGIBILITY BASED ON YOUR PURCHASE AND THE APPLICABLE SCENARIOS OUTLINED THEREIN. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription in accordance with the “Termination” section below, but please note that such cancellation or adjustment will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then current Subscription period and will then terminate without further charges. As between Bravado, Member and Business, Business is solely responsible for accurately determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes.

Term and Termination

Term. The initial term of these Terms begins on the Order Form Effective Date and expires      at the end of the Initial Term specified in such Order Form (the “Initial Term”). Following the Initial Term, these Terms will automatically renew for additional periods specified on your Order Form (each, a “Renewal Term,” and together with the Initial Term, the “Term”), unless either party provides the other with at least thirty 30 days written notice of its intent not to renew these Terms prior to the end of the then-current Term.

Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you, including if we reasonably believe that you have violated these Terms of Service or applicable laws, or if your use of the Services poses a security or legal risk to us or others. 

You may terminate these Terms (i) if we materially breach these Terms, and such breach remains uncured 30 days after you provide us with written notice of such breach or (ii) by cancelling your Subscription with at least 30 days written notice before the end of the then-current Subscription period. If you terminate pursuant to clause (i) of this Section or clause (i) of the “Changes to Terms or Services; Order of Precedence”, Bravado will refund to you, as your sole remedy, a pro rata amount of any fees paid up-front based on the remainder of the applicable term.  

For the notices contemplated under this Section: you must email the account manager specified therein via email and cc hello@bravado.co. 

Upon any termination, discontinuation or cancellation of Services or your Business Member Account, the following provisions will survive: Feedback, Content Ownership, Responsibility and Removal; Confidentiality; Fees (but solely for any outstanding amounts); Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms. 

Warranty Disclaimers

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY AMENITIES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY AMENITIES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE SERVICES AND ITS CONTENT AND ANY AMENITIES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. DUE TO THE NATURE OF MACHINE LEARNING, OUTPUT MAY NOT BE UNIQUE AND THE AI SERVICES MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR YOU OR A THIRD PARTY. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE AI SERVICES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, BRAVADO WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM USER CONTENT, INPUT, OUTPUT OR THEIR USE. YOU WILL EVALUATE THE CONTENT, NATURE AND ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR THE APPLICABLE USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT.

Bravado provides the AI Services to facilitate your business objectives for Opportunities. We provide the AI Services in accordance with laws and government regulations applicable to our provision of the AI Services to its Businesses generally (i.e., laws and regulations that apply without regard for your particular use of the AI Services), subject to your and your users’ use of the AI Services in accordance with these Terms. For clarity, you are solely and exclusively responsible for ensuring that your use of the AI Services and Output complies with any and all applicable laws and regulations, including, but not limited to, laws pertaining to employment discrimination and automated decision-making tools. Our AI Services do not make employment-related decisions and they are not intended to, and should not, be used to replace or substantially assist discretionary decision-making regarding employment opportunities.

We make no warranty that the Services (including any connections made or suggested via the Services) or the Opportunities will meet or satisfy your expectations, assumptions or requirements. We also make no warranty that the Services will be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, availability, copyright compliance, legality, decency, or reliability of any information (including generated by the AI Services) or Content on the Services. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. You are solely responsible for, and assume all risks associated with any information generated by the AI Services and Business Content (including Testimonials) that you or your Reviewer submits. In the event that you have a dispute with any Member, Business or Reviewer, you agree to address such dispute directly with the other party and you release Bravado (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

Indemnity

Indemnification by Business. You will defend, indemnify and hold harmless Bravado and its officers, directors, employees and agents, from and against any liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal fees (collectively, “Losses”) arising from third-party claims, disputes or demands (each, a “Claim”) arising out of (i) your access to or use of the Services or Content, (ii) your Business Content (including without limitation, information in the Testimonials), (iii) your relationship with any Member or Reviewer, including your employment or engagement of one or more Members via the Services, (iv) your violation of these Terms or (v) any of your acts or omissions that results in: (A) personal injury (or death) or tangible or intangible property damage (including loss of use); or (B) the violation of any law, statute, ordinance, or regulation. For any matter for which you are required to provide indemnification under these Terms, Bravado may, in its sole discretion, assume exclusive defense and control, at your sole cost and expense. 

Indemnification by Bravado. Bravado will defend, indemnify and hold harmless from and against any and all Losses arising from any Claims alleging that the Services infringes or misappropriates such third party’s intellectual property rights, and will indemnify and hold harmless you against any damages and costs awarded against you or agreed in settlement by Bravado (including reasonable attorneys’ fees) resulting from such Claim. Bravado’s indemnification obligations will not apply if the underlying Claim arises from or as a result of:  (i) your breach of these Terms, negligence, willful misconduct or fraud; (ii) any Business Content; (iii) your failure to use any enhancements, modifications, or updates to the Services that have been provided by Bravado; (iv) combinations and integrations of the Services with software, data or materials not provided by Bravado, including, but not limited to, any service provider of AI models; or (v) modifications to the Services by anyone other than Bravado. 

Indemnification Procedures. The Party seeking defense and indemnity (the “Indemnified Party”) will promptly (and in any event no later than thirty (30) days after becoming aware of facts or circumstances that could reasonably give rise to any Claim) notify the other Party (the “Indemnifying Party”) of the Claim for which indemnity is being sought, and will reasonably cooperate with the Indemnifying Party in the defense and/or settlement thereof. The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder (provided that the Indemnifying Party may not settle any Claim without the Indemnified Party’s prior written approval unless the settlement is for a monetary amount, unconditionally releases the Indemnified Party from all liability without prejudice, does not require any admission by the Indemnified Party, and does not place restrictions upon the Indemnified Party’s business, products or services). The Indemnified Party may participate in the defense or settlement of any such Claim at its own expense and with its own choice of counsel or, if the Indemnifying Party refuses to fulfill its obligation of defense, the Indemnified Party may defend itself and seek reimbursement from the Indemnifying Party.

Limitation of Liability

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR (I) ANY INFRINGEMENT OR MISAPPROPRIATION BY ONE PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, (II) FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY EITHER PARTY, (III) A PARTY’S CONFIDENTIALITY OBLIGATIONS AND INDEMNITY OBLIGATIONS HEREUNDER OR (IV) BREACH OF YOUR PAYMENT OBLIGATIONS (EACH, A “LIABILITY EXCLUSION”), NEITHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICES INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT ENTLIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE LIABLE PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, EXCEPT FOR THE LIABILITY EXCLUSIONS, IN NO EVENT WILL THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY TO THE OTHER PARTY ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS EXCEED FEES ACTUALLY PAID OR PAYABLE BY YOU TO BRAVADO IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM MADE UNDER OR RELATED TO THESE TERMS, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO BRAVADO, AS APPLICABLE, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT THE LIABLE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 

(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRAVADO AND YOU.

Dispute Resolution

Except for claims alleging or arising from the infringement or misappropriation of a party’s intellectual property rights, claims that the Business owes fees and expenses, and claims in which Bravado seeks injunctive or other equitable relief, all disputes under or relating to these Terms shall be resolved by mandatory binding arbitration. The arbitration proceeding shall be administered by the American Arbitration Association (“AAA”) or such other administrator, as mutually agreed upon by the parties in writing. Arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules. If there is any inconsistency between the terms hereof and any such rules, the terms and procedures set forth herein shall control. A single arbitrator will resolve the dispute and shall be selected by mutual agreement of the parties. If the parties are unable to agree to an arbitrator, the AAA shall select and appoint the arbitrator. The arbitration shall be conducted in San Francisco County, California, and the parties irrevocably consent to such venue. All statutes of limitation applicable to any dispute shall apply to any arbitration proceeding. All discovery activities shall be expressly limited to matters directly relevant to the dispute being arbitrated and subject to limitation by the arbitrator to a level commensurate with the amount in controversy and complexity of the issues involved. Judgment upon any award rendered in arbitration may be entered in any court having jurisdiction.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. Any legal action or proceeding arising under these Terms that the parties are not required to arbitrate will be brought exclusively in the federal or state courts located in San Francisco, California and the parties irrevocably consent to the personal jurisdiction and venue therein. Further, Bravado may obtain injunctive or other equitable relief in any court of competent jurisdiction in the event of any infringement or threatened infringement of its intellectual property rights.  

General Terms

These Terms (including the Order Form) and the Privacy Policy constitute the entire and exclusive understanding and agreement between Bravado and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bravado and you regarding the Services. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Bravado’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Bravado may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Bravado under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. 

For any notices made by e-mail, whether by Bravado or you, the date of receipt will be deemed the date on which such notice is transmitted.

Bravado’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bravado. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or otherwise the Services, please contact Bravado at hello@bravado.co or 268 Bush Street, #2734, San Francisco, CA 94104.