Thank you for using the app, the Brave App (previously known as Be Safe).
This app and all related services (the “App”) are provided by Brave Technology Coop. (“Brave,” “we,” or “us.”) The App includes direct communications between you and Support Users (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.
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 this App is intended to bring together Support Users 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 no control over the users of the App that provide support to drug users (“Support Users”), and we cannot guarantee that Support Users will be able to provide the support requested or required by the drug users that request support through the App (“Request Users”). Neither we nor Support Users are liable for dropped calls that may occur while using the App or incorrect location information shared by the App 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 Support User. Brave cannot and does not guarantee that the App will be available in all languages nor does it guarantee that a Support User will speak or understand the same language as the Request User.
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.
You understand and agree that neither we nor Support Users are trained medical professionals or hold out as engaged in the practice of medicine, either through the App or any associated communications or services, and that the App is not a substitute for professional medical advice, diagnosis, or treatment. The App is 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 nor Support Users in any way guarantee or warrant that your use of the App will prevent death or injury as a result of your drug use. Nor is use of this App 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 SUPPORT USERS HAVE ANY RESPONSIBILITY TO PROVIDE MEDICAL ASSISTANCE IN THE EVENT OF A DRUG OVERDOSE OR AN INJURY OR ILLNES RELATED TO DRUG USE. YOU FURTHER AGREE THAT NEITHER WE NOR SUPPORT USERS HAVE ANY RESPONSIBILITY TO PROVIDE MEDICAL ADVICE, OR TAKE ANY MEDICALLY RELATED ACTION IN RESPONSE TO ANY INFORMATION YOU PROVIDE ON THE APP.
Users may be Request Users, Support Users, or both (“Users”). Users are not required to identify which type of user they are when registering for use of the App. Use of the App requires Users to enable location services and notification. Use of the app is possible anonymously, but Users may elect to register and enter a phone number and complete two factor verification. At no time will the Users be required to submit their name, although they may elect to share such information at their sole discretion.
Location information is not stored beyond the duration of a call between a Request User and a Support User. Any data collected and/or stored is anonymized and aggregated and no records will be made or stored in relation to a specific username or phone number.
Request Users agree to share their location when using the App to ensure that such Request User will receive the best possible support from the Support User, although Support Users will not be able to see the Request Users location. The Request Users location will be used in the event that emergency services or community support is needed. Request Users agree to share all necessary information with Support Users 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 Support User and reasonably related to providing the best support possible to the Request User.
Support Users agree to accept calls from Request Users when they are active on the App. Support Users understand that they are active on the App when they are using the App or through various settings options available on the App. Support Users agree to give their best effort to support the Request User requesting their support. Support Users agree to prompt the Request User for the information requested by the App about the type of drug being used, type of use (recreational or maintenance), whether the Request User has Naloxone with them, and any other information that is reasonably required to provide support to the Request User.
Support Users acknowledge, understand, and accept that their use of the App as a Support User may expose them to criminal, civil, and/or administrative liability. The App will be available internationally and Brave cannot guarantee the availability of legal protections, exceptions, exclusions or safe harbors for the support provided by Support Users in any jurisdiction. If you are concerned about your exposure you should consult legal counsel or stop using the App. Brave makes no representations or warranties about the lawfulness of your conduct or the App’s services.
This App was designed and is intended to bring together Support Users and Request Users to support the prevention of harmful drug overdose and provide access to emergency services 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 on the App. Users agree to use the App only for its 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 App in any criminal, civil, or administrative investigation or using the App in cooperation with any criminal, civil, or administrative investigation.
"User Content" is content or information (including text, data, images, video, and audio) voluntarily submitted or posted by users of the App. Brave does not control or pre-approve User Content and thus bears no responsibility for its accuracy, appropriateness, or quality. You agree that you must evaluate and bear all risks associated with any User Content, and you further agree that Brave will be in no way liable for any User Content or any consequences of its inclusion or omission.
Brave nonetheless retains the right (but not the obligation) to refuse to post or delete any User Content available through the App, if we believe, in our sole discretion, that the User Content violates the letter or spirit of these Terms or is objectionable for any reason. You agree that you have no recourse against us if we refuse to post, or if we delete or refuse to delete, any User Content.
When you submit your own User Content to be posted on the App, you must follow these rules:
Your User Content must not:
If you register and create an account, you must provide us with accurate information, and you will be required to create a username, submit your phone number, and complete two factor verification. You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other breach of security of which you are aware. Brave will not be liable for any loss you or others may incur as a result of someone else using your account, either with or without your knowledge. You may not use anyone else’s account.
You may choose to post information on the App about yourself in the course of using the App. Brave will not require personal identifying information to be shared as a condition of using the App.
If you choose to post or share information about yourself on the App that is not required for use of the App:
For contractual purposes, you (a) consent to receive all communications from us, including any possible messages about security incidents, in electronic form via your account in the App, 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 App, you agree that you will not use the App in any way that is prohibited by law or these Terms or is not in accordance with the Apps 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 of the app anonymous and protect their identities.
You agree, however, that if Brave is required by law 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 App is 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, 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 our App 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 is only a venue and Brave does not screen or censor information on the App.
You acknowledge that some of the information published on or communicated through this App is submitted by users. We do not warrant the completeness or accuracy of any information published on or communicated through this App, whether submitted or communicated by us or users. We do not warrant that the App remains available or that the material on the App is kept up-to-date.
WE PROVIDE THE APP "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OR GUARANTEES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE APP, 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 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.
TO THE MAXIMUM EXTENT PROVIDED BY LAW, YOU CANNOT RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES OR AGENTS RELATED TO YOUR USE OF THE APP, 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 the App, you understand and agree that comments relating to your posts may be submitted by other users on our App. You acknowledge that such comments may be critical, offensive, or defamatory, and you agree that you will not hold us 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 App; permanently prohibit you from accessing the App; block devices using your IP address from accessing the App; ask your internet service provider to block your access to the App; 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 App, 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 Support Users, and undertake to keep us, and Support Users 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 App 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 App, you are encouraged to bring it to our attention. You may email us at email@example.com, 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 App, 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 App, 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 App, please write to us at firstname.lastname@example.org. We appreciate your input.
Thank you for using our App and creating a safe and trusting community for Support and Request Users.
The effective date of these Terms is 15 February, 2022.