Terms of Use

These Terms of Use (the “Terms”) form a legally binding agreement between you (“you” or “Subscriber”) and Emergent Technologies, LLC, a New York limited liability company operating DailyBriefs.ai (“we,” “us,” or “our”), governing your access to and use of our website, subscription service, newsletters, intelligence briefs, and related content (collectively, the “Service”).

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER (SECTION 25) THAT AFFECT YOUR LEGAL RIGHTS AND REQUIRE THAT DISPUTES BE RESOLVED INDIVIDUALLY AND NOT AS PART OF A CLASS. THEY ALSO DISCLAIM WARRANTIES AND LIMIT OUR LIABILITY (SECTIONS 20–21).

By clicking “I agree,” creating an account, subscribing, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, incorporated by reference. If you do not agree, do not access or use the Service.

(a) Your access to or use of the Service constitutes acceptance of these Terms. Where the Service presents an affirmative acceptance mechanism (such as a checkbox stating “I agree to the Terms of Use”), you affirm your agreement by activating it, and we record the date, time, and version so accepted.

(b) If you enter into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

(a) You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service.

(b) You represent that you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction, and that you are not located in, or a resident of, any country or on any list subject to U.S. embargo or trade sanctions.

(a) We may modify these Terms at any time. When we make material changes, we will update the “Last Updated” date and provide notice by a reasonable means, which may include email or a notice within the Service.

(b) Changes take effect thirty (30) days after posting, except changes required by law or affecting new features, which may take effect immediately. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree to a change, your sole remedy is to stop using the Service and cancel your subscription.

“Service” means our website, applications, subscription offerings, newsletters, intelligence briefs, and all related content and functionality.

“Briefs” means the AI-generated intelligence summaries, newsletters, analyses, and related outputs delivered through the Service.

“Content” means all text, data, graphics, and other materials made available through the Service, including Briefs.

“Third-Party Content” means source material, data, links, quotations, and references originating from parties other than us that are cited, summarized, paraphrased, or otherwise incorporated into the Service.

“Subscriber” or “User” means any person or entity that accesses or uses the Service.

(a) The Service provides automated, personalized intelligence Briefs that aggregate, summarize, and synthesize information from publicly available and licensed sources on topics selected by or configured for the Subscriber.

(b) The Service is an informational product only. It is not a financial, investment, brokerage, legal, tax, accounting, or other professional advisory service, and it does not provide personalized recommendations of any kind.

(c) We may add, modify, suspend, or discontinue any feature of the Service at any time without liability, subject to the refund terms in Section 18.

THE SERVICE AND ALL BRIEFS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL, INVESTMENT, LEGAL, TAX, ACCOUNTING, MEDICAL, OR OTHER PROFESSIONAL ADVICE.

(a) Nothing in the Service is a recommendation, solicitation, or offer to buy, sell, or hold any security, investment, or other asset, or to pursue any strategy or course of action.

(b) You are solely responsible for evaluating the merits and risks of any decision you make. You should consult a qualified licensed professional before acting on any information obtained through the Service.

(c) We are not a fiduciary to you, and no fiduciary or advisory relationship is created by your use of the Service.

(a) The Briefs are generated in whole or in part by automated and artificial-intelligence systems. Such systems can produce information that is inaccurate, incomplete, outdated, or otherwise erroneous.

WE DO NOT WARRANT AND DO NOT GUARANTEE THAT ANY BRIEF OR OTHER CONTENT IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE. YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.

(b) While we employ source-citation and verification processes, no such process eliminates the possibility of error, and we do not represent that every statement has been independently verified.

(a) You agree that you will not rely on any Brief or Content as the sole basis for any decision, and that any action you take in connection with the Service is taken on your own independent judgment and at your own risk.

(b) You assume full responsibility and risk of loss resulting from your use of, or reliance on, any Content.

(a) The Service may include forward-looking statements, forecasts, outlooks, predictions, or characterizations of prior predictions and their outcomes. These are inherently uncertain and speculative.

(b) Past performance, prior predictions, or historical characterizations are not indicative of future results. We do not guarantee that any predicted or projected outcome will occur, and we disclaim any obligation to update forward-looking statements.

(a) The Service, including its selection, arrangement, compilation, synthesis, software, design, and branding, and all intellectual-property rights therein, is owned by us or our licensors and is protected by intellectual-property and other laws.

(b) “DailyBriefs.ai,” “Daily Briefs,” and our logos are our marks, whether or not registered, and are protected under common law and applicable trademark law. You may not use them without our prior written consent.

(a) The Service summarizes, paraphrases, cites, and links to Third-Party Content. All rights in Third-Party Content remain with its respective owners. We claim no ownership of Third-Party Content.

(b) We do not endorse, adopt, verify, or guarantee the accuracy, completeness, or reliability of any Third-Party Content, and we are not responsible for it. Links and references are provided for convenience only.

(c) Your use of Third-Party Content, and of any third-party website reached through the Service, may be subject to that third party’s own terms.

(a) Subject to these Terms and your payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and to view Briefs for your own personal, non-commercial use only, during your active subscription. Any use on behalf of, or for the benefit of, an organization or additional persons requires a separate paid seat or our prior written authorization.

(b) This license terminates automatically on expiration or termination of your subscription or these Terms.

You will not, and will not permit any third party to:

(a) reproduce, distribute, resell, sublicense, republish, publicly display, or otherwise make the Briefs or Content available to any person who is not an authorized user of your subscription;

(b) scrape, crawl, harvest, or use automated means to access or extract Content except as expressly permitted;

(c) use the Content or Service to train, develop, benchmark, or improve any machine-learning model or any competing product or service;

(d) remove, obscure, or alter any proprietary notice, citation, or attribution;

(e) reverse engineer, decompile, or attempt to derive the source code or underlying methods of the Service, except to the extent this restriction is prohibited by applicable law; or

(f) use the Service in violation of any applicable law or these Terms.

If you provide suggestions, ideas, or other feedback regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback for any purpose without obligation or compensation to you.

(a) The Service is offered on a paid subscription basis under the plans and prices presented at purchase. Current tiers and prices are shown at https://dailybriefs.ai/pricing.

(b) Automatic renewal — please read. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS. UNLESS YOU CANCEL BEFORE THE END OF THE THEN-CURRENT BILLING PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUCCESSIVE PERIOD OF THE SAME LENGTH (MONTHLY OR ANNUAL, AS SELECTED), AND YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD THE THEN-CURRENT SUBSCRIPTION FEE, PLUS APPLICABLE TAXES, AT EACH RENEWAL, UNTIL YOU CANCEL.

Cancellation and cost. The subscription continues and renews at the price and interval shown at checkout until you cancel. You may cancel at any time, and cancellation takes effect at the end of the then-current billing period. To cancel, use the billing page in your account, as described in Section 17. This is the same easy, online cancellation mechanism through which you enrolled.

Renewal reminder and consent record. Where required by applicable law, we will provide advance notice before an automatic renewal charge and a means to cancel that renewal. We present these automatic-renewal terms clearly and conspicuously before you subscribe, obtain your affirmative consent to them at checkout, and retain a record of that consent. These disclosures are intended to comply with the automatic-renewal and “click-to-cancel” requirements of the U.S. Federal Trade Commission, the California Automatic Renewal Law, the New York automatic-renewal provisions of the General Business Law, and comparable laws of other states.

(c) You authorize us and our payment processor to charge all fees, applicable taxes, and renewal charges to your designated payment method. You are responsible for keeping your payment information current.

(d) All fees are stated in U.S. Dollars (USD) and, except as required by law or expressly stated, are exclusive of taxes.

(e) You are responsible for all applicable taxes other than taxes on our net income.

(a) We may change subscription prices. We will give you notice of a price change at least thirty (30) days before it takes effect. The new price applies at your next renewal following the notice.

(b) If you do not agree to a price change, you may cancel before the change takes effect; continued use after the effective date constitutes acceptance of the new price.

(a) You may cancel at any time through the billing page in your account. Cancellation takes effect at the end of the current billing period.

(b) On cancellation you retain access through the end of the paid period; the subscription then lapses and no further charges are made, except charges already incurred.

(a) Except as stated in subsection (b) or as required by applicable law, all fees are non-refundable, and we do not provide refunds or credits for partial billing periods or unused Briefs.

(b) Accuracy Guarantee. We stand behind the accuracy of our Briefs. If you identify a material factual error in a Brief you received during your current billing cycle, we want to know, and we will make it right: on a valid report, we will refund the fee for that most recent billing cycle. To qualify, your report must (i) be submitted to brief@dailybriefs.ai during the billing cycle in which the Brief was delivered, (ii) identify the specific statement claimed to be materially inaccurate, and (iii) state the correct information. We will review each report in good faith and issue the refund where a material factual error is confirmed.

(c) Scope and limits. This Accuracy Guarantee is your sole and exclusive remedy for any inaccuracy in a Brief. It entitles you to a refund of no more than the single most recent billing cycle and to no other refund, damages, or relief, whether consequential, incidental, or otherwise, consistent with Sections 7, 20, and 21. The Guarantee covers material factual errors only and does not apply to forward-looking statements, forecasts, opinions, characterizations, or matters of interpretation (see Section 9). We may decline or revoke the Guarantee for any account that submits repeated, automated, or bad-faith claims, or that uses the Guarantee in a manner inconsistent with its purpose.

(d) Nothing in this Section limits any non-waivable statutory refund or cancellation right you may have under applicable consumer-protection law.

(a) Subscriptions are subject to fair-use limits on topics, query volume, cadence, and total usage, as described for your plan or as reasonably applied by us to protect the integrity and economics of the Service.

(b) We may throttle, suspend, or require an upgrade for usage that materially exceeds fair-use limits or that we reasonably determine to be abusive or automated.

THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CONTENT IS ACCURATE, COMPLETE, OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR INVESTMENT LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. These limitations apply even if a remedy fails of its essential purpose and reflect the allocation of risk between the parties.

You will defend, indemnify, and hold harmless us and our officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with:

(a) your access to or use of the Service;

(b) any decision or action you take based on the Service or Content;

(c) your violation of these Terms; or

(d) your violation of any law or of any right of a third party.

We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, internet or utility failures, and the failure, unavailability, or modification of third-party services, data sources, artificial-intelligence providers, or application-programming interfaces on which the Service depends.

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, and, where applicable, by the Federal Arbitration Act. Subject to Section 25, the parties consent to the exclusive jurisdiction of the state and federal courts located in Albany County, New York for any matter not subject to arbitration.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US INDIVIDUALLY AND LIMITS THE WAY YOU CAN SEEK RELIEF.

25.1 Agreement to Arbitrate

You and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules, rather than in court, except as provided below. The arbitration will be held in Albany County, New York, or by telephonic or other remote means at the election of the party seeking relief, and judgment on the award may be entered in any court of competent jurisdiction.

25.2 Class-Action Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.

25.3 Exceptions

Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual-property rights. Nothing in this Section waives any right that cannot be waived under applicable law.

25.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to brief@dailybriefs.ai within thirty (30) days of first accepting these Terms. If you opt out, Section 24 governs any dispute.

To the extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.

TO THE EXTENT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION AND PROCEEDS IN COURT, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY.

(a) You must provide accurate and complete information when registering and keep it current.

(b) You are responsible for safeguarding your credentials and for all activity under your account. Notify us promptly of any unauthorized use.

You agree not to use the Service to violate any law, infringe any right, transmit malicious code, interfere with or disrupt the Service, attempt unauthorized access, or engage in any activity that imposes an unreasonable burden on our infrastructure.

(a) We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including for any breach of these Terms.

(b) On termination, your license ends and you must stop using the Service. Sections that by their nature should survive termination will survive, including Sections 6–14 and 20–33.

(c) If we suspend or terminate your access, you will not be entitled to any refund of fees already paid, including for any unused portion of the then-current billing period, except where a refund is required by non-waivable applicable law.

(a) By subscribing, you consent to receive the Briefs, transactional messages, and administrative communications by email as part of the Service.

(b) Marketing communications are subject to your consent where required, and you may unsubscribe from non-transactional messages at any time using the mechanism provided. We handle email in accordance with applicable law, including the CAN-SPAM Act.

Our collection and use of personal information is described in our Privacy Policy, available at dailybriefs.ai/privacy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described there.

We may collect and use usage data and other information generated through operation of the Service, including in de-identified and aggregated form, to operate, secure, analyze, and improve the Service and for other lawful business purposes. De-identified and aggregated data does not identify you and is not subject to the license restrictions in these Terms.

Generated Briefs are part of the Service’s editorial record. On cancellation, account deletion, or a retention purge, we delete your personal information as described in the Privacy Policy, and we retain the Brief content itself in de-identified form — the link between a Brief and your account is severed, and the retained content no longer identifies you.

34.1 Severability

If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

34.2 Entire Agreement

These Terms, together with the Privacy Policy and any order or plan terms presented at purchase, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings, representations, and communications.

34.3 No Waiver

Our failure to enforce any provision is not a waiver of our right to do so later. No waiver is effective unless in writing.

34.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

34.5 Relationship of the Parties

No agency, partnership, joint venture, or employment relationship is created by these Terms.

34.6 Notices

We may provide notices to you by email or through the Service. You must send legal notices to us at brief@dailybriefs.ai, with a copy by mail to Emergent Technologies, LLC, P.O. Box 251, Delmar, NY 12054.

34.7 Headings

Section headings are for convenience only and do not affect interpretation.

Emergent Technologies, LLC — P.O. Box 251, Delmar, NY 12054 — brief@dailybriefs.ai