Thank you for using our Brave Sensors.
The Brave Sensors, underlying technology, enclosures and all related services and systems (collectively the “Sensors”) are provided by Brave Technology Coop. (“Brave,” “we,” or “us”) in partnership with you, your building manager, owner or other service provider (“Provider”). The Sensors provide a tool for direct communication between you and Provider (as defined below), and/or you and Request Users (as defined below). It may also include direct communications between you and Brave, its employees, directors, officers, members, affiliates and agents.
1. The Sensor: The Sensors are leased to Providers and remain the property of Brave throughout the application of these Terms. Brave will instruct the Provider regarding the proper use of the Sensors, and installation and maintenance. The Sensors shall not be considered a fixture or part of the realty, and Provider shall not permit the attachment thereto of any apparatus not furnished by Brave.
2. Rental, Monitoring and Service Charges. The annual subscription fee will begin per the terms of the proposal attached. The contract will automatically renew unless either party gives written notice of its intention to terminate pursuant to these Terms. Failure to return all equipment in satisfactory working condition will result in a charge to Provider and Provider will be billed at the prices set forth in the proposal until returned in good working order. You agree to pay all sales, service, property, use and local taxes; any, police, fire department, ambulance or paramedic charges or fees; and any permit fees, telephone charges, return check charges, wire charges, or late charges, if applicable, whether imposed on you or us. We shall have the right, at any time, to increase the services fee to reflect any additional or increased taxes, licenses, permits, fees or charges which may be charged to us by any utility or governmental agency, or any private response agency relating to the Sensors and you agree to pay the same. In the event that it shall become necessary for us to undertake legal proceedings to collect payments due under these Terms then you agree to pay us our reasonable attorney’s fees for such collection action except where prohibited by law.
3. Provider’s Care of Equipment: Repairs and Additions. Provider agrees not to tamper with or interfere with the normal working conditions of the Sensors. The Sensors shall remain in the location approved by us as installed, and we will not be responsible for any damage caused by unauthorized intrusion to the premises, lighting, or electrical surge, except for ordinary repair and replacement.
4. CELLULAR AND/OR WIRELESS INTERNET COVERAGE. The ability of the Sensors to dispatch support is dependent upon the availability of cellular network and/or wireless internet coverage depending upon your location. The Sensors will function only in areas, locations and buildings where such service is available. If such service is unavailable or unreliable, the Sensors may not function or perform as intended. In such event, the Provider may be unable to communicate your location to a Supporter, and a Supporter may not be able to locate you.
5. FALSE ALARMS AND ABUSE OF SERVICE. You agree that you and others using the Sensors will use them carefully so as to avoid causing false alarms. False alarms can be caused by forces beyond our control.
Modifications to these Terms that are editorial in nature or reflect changes in the services we offer will not require new consent. If we ever make material changes to these Terms, we will ask you to consent to the new Terms before they apply to you.
The date of the last update to these Terms is stated at the end of this document.
Users acknowledge that the Sensors are intended to bring together Supporters and Request Users to support the prevention of harmful drug overdose and provide access to emergency services and/or community support in the event of an overdose or other drug related injury or illness. We have limited control over the people that will respond to requests for support (“Supporters”), and we cannot guarantee that Supporters will be able to provide the support requested or required by people that request support through use of the space in which the Sensors have been installed (“Request Users”), either in time to prevent harm, or at all. Neither we, the Provider nor Supporters are liable for any failure to respond to an attempted use of the Sensors, whether caused by technological error, human failure, oversight or any other reason whatsoever on our part, that of Provider, Supporters or Request Users, or the consequences that may result from either. Further, we have no control over and cannot guarantee that a Request User will receive adequate or successful assistance from a Supporter.
While we cannot guarantee effective support, please know that we are committed to the community we are building. We are working hard to provide Request Users the support they need and encourage and welcome all Users’ feedback and suggestions. We will build better services together, so let us know what’s working well and what can be improved.
THE SENSOR HAS CERTAIN LIMITATIONS. IN CONSIDERATION FOR THE PROVISION OF THE SENSOR, YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY OF OUR SUPPLIERS OR SUBCONTRACTORS REPRESENT OR WARRANT THAT THE SENSOR WILL PREVENT DEATH, BODILY OR PERSONAL INJURY, OR ANY OTHER INJURY OR DAMAGE TO YOU OR OTHERS WHO USE THE SENSOR AND YOU OR OTHERS WHO USE THE SENSOR DO NOT AND HAVE NOT RELIED UPON ANY EXPRESS OR IMPLIED REPRESENTATION BY BRAVE OR ANY OF OUR SUPPLIERS OR SUBCONTRACTORS TO THAT EFFECT.
WE MAKE NO ANY REPRESENTATION OR WARRANTY AS TO THE PROMPTNESS OF OUR OR THE RESPONSE, AND WE DO NOT HAVE ANY CONTROL OVER THE RESPONSE TIME OR CAPABILITY OF ANY AGENCY OR PERSON WHO MAY BE NOTIFIED AS A RESULT OF THE SENSOR BEING USED. YOU FURTHER UNDERSTAND THAT WE MAY BE NEGLIGENT IN PROVIDING THE SERVICE, AND A PROVIDER MAY FAIL TO PROPERLY RESPOND TO THE RECEIPT OF AN EMERGENCY SIGNAL FROM THE SENSOR , OR THAT THE SENSOR MAY FAIL TO FUNCTION PROPERLY. IT IS UNDERSTOOD THAT A PORTION OF THE SENSOR RELIES UPON THE AVAILABILITY OF GPS COVERAGE, WIRELESS INTERNET NETWORK AVAILABILITY AND/OR CELLULAR NETWORK COVERAGE TO OPERATE PROPERLY AS WELL AS THE AVAILABILITY OF SATELLITE GPS DATA, BOTH OF WHICH ARE PROVIDED BY A THIRD PARTY THAT IS NOT CONTROLLED BY BRAVE. YOU AGREE THAT IF WE WERE TO HAVE ANY LIABILITY GREATER THAN THAT AGREED TO BY YOU PURSUANT TO SECTION ... OF THIS AGREEMENT, WE COULD NOT AND WOULD NOT PROVIDE THE SENSOR OR SERVICE. YOU ACKNOWLEDGE THAT YOU SHOULD OBTAIN ANY LIFE, MEDICAL OR DISABILITY INSURANCE FOR THE PROTECTION OF YOURSELF AND OTHERS WHO MAY USE THE SENSOR . YOU UNDERSTAND THAT THERE ARE ALTERNATIVES AVAILABLE TO YOU SUCH AS 911 EMERGENCY TELEPHONE SERVICE AND YOU HAVE SELECTED THIS SERVICE WITH A FULL UNDERSTANDING OF ITS LIMITATIONS, AND THE LIMITATION OF OUR LIABILITY SET FORTH IN SECTION.
You understand and agree that neither we, Provider nor Supporters are trained medical professionals or hold out as engaged in the practice of medicine or healthcare, either through the Sensors or any associated communications or services, and that the Sensor is not a substitute for trained professional medical advice, diagnosis, or treatment. The Sensors are intended to support the prevention of harmful drug overdose and provide access to emergency services and/or community support in the event of an overdose or other drug related injury or illness. Neither we, Provider nor Supporters in any way guarantee or warrant that your use of the Sensors will prevent death or injury as a result of drug use, that the service to which Sensors are connected will be available or functional, or that use of the Sensor will have the intended effect or benefit. Nor is use of the Sensors intended to be a substitute for professional treatment and/or rehabilitation for drug users. You are encouraged to seek professional diagnosis and treatment for drug use, drug overdose, or any other medical conditions arising from drug use. YOU AGREE THAT NEITHER WE NOR SUPPORTERS HAVE ANY RESPONSIBILITY TO PROVIDE MEDICAL ASSISTANCE IN THE EVENT OF A DRUG OVERDOSE OR AN INJURY OR ILLNESS RELATED TO DRUG USE. YOU FURTHER AGREE THAT NEITHER WE NOR SUPPORTERS HAVE ANY RESPONSIBILITY TO PROVIDE MEDICAL ADVICE, OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE.
Users may be Request Users, Supporters, or both (“Users”). Use of the Sensors requires Users to allow a Sensor to be installed in a private space such as a washroom, and connected with the rest of the Brave Sensor system. At no time will the Users be required to submit their name, although they may elect to share such information at their sole discretion.
Request Users agree to share their location when using the Sensors to ensure that such Request User will receive the best possible support from the Supporter. The location of the Sensor, and thus the Request Users location, will be used and shared in the event that emergency services or community support is needed. Where appropriate Request Users agree to share all necessary information with Supporters including the substance being used, type of use (recreational or maintenance), whether the Request User has Naloxone with them, and any other information that is requested by the Supporter and reasonably related to providing the best support possible to the Request User.
Supporters may be volunteers, Brave team members, Provider team members or other Request Users. Supporters agree to respond to calls from Request Users when they are active on the Sensor system. Supporters understand that they are active on the Sensor system when they are in possession of any device that receives Sensor request notifications. Supporters agree to give their best effort to support the Request User requesting their support. Supporters agree to prompt the Request User for the information requested about the reason for the request (such as the general reason, the type of drug being used, type of use – recreational or maintenance – and any other information that is reasonably required to provide support to the Request User).
Neither Brave nor Provider make any representations or warranties about the lawfulness of conduct associated with or support rendered through use of the Sensors; nor can Brave or Provider guarantee the availability of legal protections, exceptions, exclusions or safe harbors for the support provided by Supporters in any jurisdiction.
The Sensors were designed and are intended to bring together Supporters and Request Users to support the prevention of harmful drug overdose and provide access to emergency services and/or community response in the event of an overdose or other drug related injury or illness. Users are not permitted to take and/or save screenshots or record any exchanges that take place through the Sensors. Users agree to use the Sensors only for the intended purposes and not, under any circumstances, for any commercial, investigative, or personal use outside of the uses for which it was designed. Investigative uses include but are not limited to, providing information derived from, or as a result of, the use of the Sensors in any criminal, civil, or administrative investigation or using the Sensors in cooperation with any criminal, civil, or administrative investigation.
For contractual purposes, you (a) consent to receive all communications from us, including any possible messages about security incidents, in electronic form via devices connected to the Sensors, and (b) agree that all Terms, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
As a condition of using the Sensors, you agree that you will not use the Sensors in any way that is prohibited by law or these Terms or is not in accordance with the intended purposes. These prohibitions include, but are not limited to, the following:
Subject to applicable law, Brave agrees to keep all User information confidential. Brave respects the trust of the Users and values the community of safety and support that the Users are creating. As such, Brave agrees that it will make all reasonable efforts to keep Users anonymous and protect their identities.
You agree, however, that if Brave is required by by court order, a lawfully issued subpoena or any other enforceable, non-appealable legal requirement to disclose information that reveals the identity or location of Users or enables the discovery of a User’s identity or location, or if the Sensors are the subject of a malicious attack resulting in the identification of Users, neither you nor anyone else would have a remedy or claim against Brave or the Provider, as explained in the Warranty Disclaimer and Limitation of Liability section of these Terms.
Users agree to respect the confidentiality and trust of others in the Brave community. If Users share their name, username, picture, location, or other information or content in a way that reveals their identity or enables you to guess who or where they are, you are forbidden to share this information and agree to keep such User’s identity and any information shared in the course of your communication with them confidential.
We have no responsibility for any third-party websites not operated by us to which the Sensors or its system may be linked.
Brave Technology Coop and Brave Coop and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and any such use may constitute an infringement of our rights. Other trademarks or service marks on our Site are the property of their respective owners. Unless otherwise stated, we do not endorse and are not affiliated with any of the holders of such rights and we cannot and do not grant any license to exercise such rights.
Brave provides the Sensors only as a venue and neither Brave nor Provider screens or censors information through the Sensor system.
You acknowledge that some of the information published on or communicated through the Sensors are submitted by users. We do not warrant the completeness or accuracy of any information published on or communicated through whether submitted or communicated by us or users. We do not warrant that the Sensors remain available or that the material in the Sensor system is kept up-to-date.
WE PROVIDE THE SENSOR "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, BRAVE AND THE PROVIDER HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SENSORS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE AVAILABILITY, FUNCTIONALITY, RESULTS OR SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING AT ALL.
TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU CANNOT RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES OR AGENTS, INCLUDING THE PROVIDER AND ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS AND AFFILIATES, RELATED TO YOUR USE OF THE SENSORS, WHETHER IN STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, INCLUDING ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES. THIS LIMITATION APPLIES EVEN IF YOU ARE NOT FULLY COMPENSATED FOR ANY LOSSES, OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE LOSSES.
CERTAIN JURISDICTIONS LIMIT DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, YOU MAY HAVE ADDITIONAL LEGAL RIGHTS, AND THE PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT TO THE FULLEST EXTENT PERMITTED BY LAW.
If you post content on or through the Sensor system, you understand and agree that comments relating to your posts may be submitted by other users. You acknowledge that such comments may be critical, offensive, or defamatory, or may infringe the intellectual property rights of third parties, and you agree that you will not hold us or Provider liable for any such comments, regardless of whether we are aware or ought to have been aware of such comments.
If you breach these Terms, or if we reasonably suspect that you have breached these Terms, we may: send you one or more warnings; temporarily suspend your access to the Sensors; permanently prohibit you from accessing the Sensors; block devices using your IP address from accessing the Sensor system; suspend or delete your account; delete or edit your User Content; bring court proceedings against you seeking damages and/or injunctions; and/or report you to law enforcement authorities. If we suspend, terminate, or block your access to the Sensors, you agree not to take any action to circumvent our action (such as creating or using a different account.) If we bring a legal action against you, we agree that the jurisdiction and venue for such action will be the provincial, territorial or federal courts of the jurisdiction in which our principal place of business is located, and we further agree that a judgment in any such action may be enforced in other jurisdictions by suit on the judgment or ruling, or in any other manner provided by law.
Indemnification: You hereby agree to indemnify us, and Supporters, and undertake to keep us, and Supporters indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms or arising out of any claim that you have breached any provision of these Terms.
All matters related to the Sensors will be governed by the laws of British Columbia, without regard to conflicts of laws provisions.
If you have a complaint, question, or dispute (collectively, “dispute”) regarding the Sensors, you are encouraged to bring it to our attention. You may email us at firstname.lastname@example.org, and we will try to address your concerns. If we are unable to resolve a dispute through direct, amicable, frank, open and honest communication, such dispute shall be submitted to Brave’s dispute resolution process as set forth below:
In the event of a dispute between a non-member and Brave concerning any matter arising out of the non-members use of the Sensors, which cannot be resolved through direct, amicable, frank, open and honest communication, upon request of either party, the matter shall be set for mediation, to be conducted by a single member of Brave’s Dispute Resolution Committee (as defined in Brave’s Rules), selected by the mutual agreement of the disputing parties. If the parties to a dispute are unable to agree with respect to the selection of a mediator, then Brave’s Dispute Resolution Committee (the “Committee”) shall select a mediator, from among the Committee.
If mediation is incapable of resolving the dispute, upon request of either party and ten (10) days’ prior notice to the non-requesting party, the matter shall be set for hearing before a three (3) person panel of the Committee, which shall conduct the hearing, enter written findings, and make a recommendation to the full five (5) member banc of the Committee. The decision of the full banc of the Committee in such cases shall be final; provided, however, that either party may submit the dispute for arbitration in accordance with the following provision.
In the event that the Committee has failed to resolve the dispute, the aggrieved party may within sixty (60) days thereafter submit the dispute to confidential arbitration in Vancouver, British Columbia except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any federal or state court. Arbitration under these Terms shall be conducted in accordance with the prevailing rules and procedures of the Canadian Arbitration Association, with each party being responsible for its own costs and fees, and the joint costs of arbitration being shared equally by the parties. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms may be joined to any other arbitration or claim, including any arbitration or other legal proceeding involving any other current or former user of the Sensors, and no class action proceedings will be permitted.
By agreeing to the dispute resolution process in these Terms, you understand and agree that you are relinquishing (i) any right to pursue claims or have disputes resolved in a court of law and (ii) any right to the appeal of any adverse arbitration decision.
You agree that, regardless of any law or statute, any claim or cause of action you may have against us must be brought within one year after the claim or cause of action arises or is known or should reasonably have been known to you, or the claim or cause of action will be forever barred.
If you have any concerns, inquiries, or complaints about the Sensors, please write to us at email@example.com. We appreciate your input.
Thank you for using the Brave Sensors and creating a safe and trusting community for Support and Request Users.
The effective date of these Terms is 1 July 2023.