Terms of Service

Breksey Terms of Service

Last Updated: 08/24/2024

Welcome to Breksey, Inc. ("Breksey", "we", "us", "our"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, "Services"). You agree to be bound by these Terms by accessing or using our Services. If you do not agree with any part of these Terms, you must not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you ("User", "you") agree to comply with and be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific sections of the Services. Breksey reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on our website. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

2. Description of Services

Breksey provides software for therapists designed to enhance their private practices. Our Services are accessible via our website and intended to help therapists increase their income and reduce their administration time.

3. User Accounts

3.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and all activities under your account. You agree to notify Breksey immediately of any unauthorized use of your account or any other breach of security.

4. Subscription and Payment

4.1 Subscription Plans

Breksey offers various subscription plans. Details of each plan, including pricing, features, and billing cycles, are available on our Pricing Page.

4.2 Payment Terms

By subscribing to a paid plan, you agree to provide accurate and complete billing information. Payments will be charged on a monthly basis in advance and are non-refundable, except as required by law or as described in our Refund Policy.

4.3 Automatic Renewal

Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for subsequent periods, and you authorize us to charge the applicable fees to your chosen payment method.

5. Use of Services

5.1 Licenses

Breksey grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for your internal business purposes, subject to these Terms.

5.2 Prohibited Activities

You agree not to:

  • Use the Services for any unlawful purposes or in violation of any applicable laws and regulations.
  • Attempt to gain unauthorized access to any part of the Services or related systems.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Use automated scripts or tools to access the Services for any purpose without our express written permission.
  • Reverse engineer, decompile, or disassemble the Services or any underlying technologies.

6. Intellectual Property

6.1 Ownership

All rights, title, and interest in and to the Services, including all related intellectual property rights, are owned by Breksey or its licensors. These Terms do not grant you any rights to or under any Breksey trademarks, service marks, or logos.

6.2 User Content

You retain ownership of all data, information, and content you upload or submit through the Services ("User Content"). By submitting User Content, you grant Breksey a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, and distribute your User Content solely for providing and improving the Services.

7. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Services, you consent to the practices described in the Privacy Policy.

8. Termination

8.1 Termination by You

You may terminate your account at any time by following the instructions in your account settings or by contacting our support team.

8.2 Termination by Breksey

Breksey reserves the right to suspend or terminate your access to the Services, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms.
  • Breach of any applicable laws or regulations.
  • Infringement of the rights of others.

8.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. If you terminate your account, we may delete your User Content in accordance with our Data Retention Policy. Termination does not affect any rights or obligations that accrued prior to termination.

9. Disclaimers and Limitation of Liability

9.1 Disclaimers

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Breksey makes no warranties, express or implied, regarding the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Limitation of Liability

To the fullest extent permitted by law, Breksey shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use the Services.
  • Any unauthorized access to or use of our servers and/or any personal information stored therein.
  • Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services.

In no event shall Breksey's total liability to you for all claims exceed the amount you have paid us in the last twelve (12) months.

10. Indemnification

You agree to defend, indemnify, and hold harmless Breksey, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any rights of a third party.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles. Any disputes arising from or related to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Maricopa County, Arizona.

12. Dispute Resolution

12.1 Arbitration Agreement

Any dispute, claim, or controversy arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Mesa, AZ before a single arbitrator. Judgment on the award may be entered in any court having jurisdiction.

12.2 Waiver of Class Action

You agree that you will bring claims against Breksey only in your individual capacity and not as a plaintiff or representative in any purported class or representative proceeding.

13. Modifications to the Terms

Breksey reserves the right to modify or update these Terms at any time. We will notify you of significant changes by posting a notice on our website and emailing you. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

14. Third-Party Services and Links

14.1 Third-Party Integrations

Our Services may integrate with third-party services or applications. Your use of such integrations is subject to the terms and conditions of the respective third parties.

14.2 External Links

The Services may contain links to third-party websites or resources. Breksey is not responsible for the availability, accuracy, or content of such external sites and does not endorse and is not liable for any content, advertising, products, or other materials on or available from such sites.

15. Miscellaneous

15.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.2 Entire Agreement

These Terms, along with the Privacy Policy and any other legal notices published by Breksey, constitute the entire agreement between you and Breksey regarding the use of the Services and supersede all prior agreements, understandings, and representations.

15.3 No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Breksey’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

Breksey may assign, transfer, or delegate its rights and obligations under these Terms without your consent. You may not assign, transfer, or delegate your rights or obligations under these Terms without Breksey's prior written consent.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Breksey, Inc.

2733 N Power Rd, 102 491, Mesa, AZ 85215