Bromen Terms of Service

These Terms of Service ("Terms") govern access to and use of bromen.org, the Bromen web application, and related voice, SMS, scheduling, administrative, support, backup, export, and other services (collectively, the "Service"). By creating an account, accepting an invitation, signing an order, paying for the Service, or using the Service, you agree to these Terms.

1. Definitions

Customer:

The business, sole proprietor, organization, or person that purchases, receives, administers, or evaluates the Service.

Authorized User:

An owner, employee, manager, administrator, moderator, contractor, or other person permitted to use a Customer account.

End Customer:

A client, guest, caller, message recipient, appointment holder, patient, or other person who interacts with the Customer. End Customers are generally customers of the Customer, not customers of Bromen.

Customer Data:

Information, content, records, communications, configurations, and files submitted to or processed through the Service on a Customer's behalf.

Order:

Any written, electronic, or in-product order, plan assignment, proposal, invoice, or other record identifying purchased services, limits, fees, or term.

2. Eligibility and authority

You must be at least 18 years old and legally able to enter into these Terms. If you use the Service for a business or organization, you represent that you have authority to bind it. You are responsible for the actions of your Authorized Users and for ensuring they comply with these Terms.

3. Accounts, roles, and access

• You must provide accurate information, protect account credentials, and promptly update contact and business information.
• You may not share credentials, impersonate another person, bypass permissions, or access another Customer's data without authorization.
• Customer owners control business roles and permissions. Platform administrators and authorized support moderators may access a Customer workspace only as needed to operate, support, secure, test, or administer the Service.
• Bromen may rely on account, role, business, and permission records in the Service. You must promptly report unauthorized access or incorrect role assignment.
• You are responsible for devices, internet access, phone numbers, third-party accounts, and other resources needed to use the Service.

4. The Service

Bromen provides software tools that may include customer management, staff management, roles and permissions, appointments, calendars, business knowledge, alerts, analytics, voice, SMS, AI-assisted features, backups, exports, and support tools. Features may vary by plan, account, location, provider approval, and development status.

Bromen may add, modify, limit, suspend, discontinue, or replace features. Beta, preview, demo, private-beta, experimental, and "Coming Soon" features may be incomplete, unavailable, changed without notice, or subject to additional terms. Bromen does not guarantee that any specific roadmap item will be released.

5. Customer responsibilities

The Customer is solely responsible for its business, services, employees, contractors, End Customers, professional obligations, licenses, permits, taxes, scheduling decisions, message content, emergency communications, and use of Customer Data. The Customer must:

• Use the Service only for lawful business purposes and in accordance with these Terms.
• Provide all notices and obtain all permissions, consents, and legal bases required to collect, upload, use, call, text, record, share, export, or otherwise process information.
• Maintain accurate services, hours, prices, appointment details, staff assignments, business knowledge, and alert recipient lists.
• Review communications, AI-assisted output, appointments, emergency messages, and business decisions before relying on or sending them.
• Maintain appropriate privacy policies, terms, cancellation policies, refund policies, professional disclosures, and customer-facing notices for its own business.
• Respond to End Customer requests, complaints, disputes, privacy requests, and legal obligations relating to the Customer's own products, services, and data practices.
• Use appropriate role and permission settings and promptly remove access for users who no longer require it.

Bromen does not control and is not responsible for a Customer's independent acts or omissions, products, services, professional advice, appointments, employee conduct, End Customer relationships, privacy practices, promises, refunds, or legal compliance. This does not exclude liability that cannot legally be excluded for Bromen's own conduct.

6. Customer Data and ownership

As between Bromen and the Customer, the Customer retains its ownership rights in Customer Data. The Customer grants Bromen and its service providers a limited, non-exclusive right to host, copy, transmit, process, display, modify, and otherwise use Customer Data only as reasonably necessary to provide, secure, support, improve, and comply with law relating to the Service.

The Customer represents that it has all rights and permissions necessary for Bromen to process Customer Data under these Terms. Bromen may use aggregated or de-identified information that does not reasonably identify a Customer, Authorized User, or End Customer to operate, secure, analyze, and improve the Service.

7. Privacy and data processing

Bromen's Privacy Policy explains how Bromen handles information. For most End Customer information, the Customer determines the purpose and means of processing, and Bromen processes the data on the Customer's behalf. The Customer is responsible for its own privacy notices and instructions. Where required, the parties may enter into a separate data processing agreement.

8. Voice, SMS, and communications compliance

The Customer is responsible for lawful use of voice and messaging features. The Customer must comply with applicable telecommunications, consumer-protection, marketing, privacy, and consent laws and provider policies. Without limiting that responsibility:

• Do not call or text purchased, scraped, rented, or unlawfully obtained contact lists.
• Do not send marketing, promotional, recurring, appointment, or emergency messages without the notice and consent required for that purpose.
• Honor STOP, unsubscribe, revocation, suppression, provider blocks, and other opt-out signals promptly.
• Do not use emergency alerts to bypass consent or opt-out requirements, and do not present Bromen as a replacement for 911 or public emergency systems.
• Keep consent records and ensure message content matches the purpose for which consent was obtained.
• Do not send prohibited, deceptive, abusive, discriminatory, harassing, fraudulent, or unlawful communications.
• Pay carrier, registration, number, message, voice, and other provider charges allocated to the Customer under an Order or applicable plan.

Communications providers may filter, delay, reject, block, or charge for calls and messages. Bromen does not guarantee delivery, caller ID display, throughput, carrier approval, number availability, A2P or toll-free verification, or uninterrupted communications service.

9. AI-assisted features

AI-assisted features may generate drafts, summaries, classifications, recommendations, or responses. AI output may be inaccurate, incomplete, misleading, biased, or unsuitable. The Customer and Authorized Users must review outputs before use and remain responsible for decisions, messages, appointments, advice, and actions. Bromen does not provide legal, medical, financial, emergency, or other professional advice. Do not use AI features to make high-impact decisions about a person without appropriate human review and lawful authority.

10. Acceptable use

You may not use the Service to:

• Break the law, infringe rights, violate provider policies, or facilitate fraud, abuse, harassment, discrimination, exploitation, or deceptive practices.
• Send spam, unlawful telemarketing, unsolicited bulk messages, malicious links, malware, or prohibited content.
• Collect or process information without authority, or upload highly sensitive regulated data not approved for the Service.
• Attempt to gain unauthorized access, probe or disrupt security, overload the Service, evade rate limits, reverse engineer protected components, or interfere with another user.
• Use the Service to create a competing product through systematic extraction, scraping, copying, or resale of protected features, except as permitted in writing.
• Misrepresent Bromen, impersonate another person, remove notices, or falsely claim that unfinished or third-party features are guaranteed by Bromen.
• Use voice, SMS, alerts, or AI features in a way that creates a safety risk or falsely represents an emergency authority.

11. Fees, plans, taxes, and billing

Fees, included usage, limits, overages, billing cadence, and plan features are stated in the applicable Order or plan description. Unless stated otherwise, fees are in U.S. dollars, non-refundable, and exclusive of taxes. The Customer is responsible for taxes, carrier charges, provider registration fees, usage charges, and other amounts identified in an Order.

During a manual-billing or private-demo period, Bromen may issue invoices or payment instructions outside the Service. Failure to pay may result in suspension, reduced functionality, loss of phone-number service, or termination. Bromen may change future pricing by providing reasonable notice. Changes do not retroactively alter amounts already due.

12. Trials, demos, and beta services

Trial, demo, preview, beta, or early-access services are provided for evaluation and testing. They may have usage limits, incomplete features, temporary data, test numbers, provider restrictions, reduced support, and no service-level commitment. Bromen may end or change a trial at any time. You should not rely on a trial or beta feature for critical, emergency, medical, financial, legal, or safety operations.

13. Bromen intellectual property

Bromen and its licensors retain all rights in the Service, software, workflows, designs, branding, documentation, analytics, and technology, excluding Customer Data. Subject to these Terms and payment of applicable fees, Bromen grants the Customer a limited, revocable, non-exclusive, non-transferable right to use the Service during the applicable term for its internal business operations.

Feedback may be used by Bromen without restriction or compensation, provided Bromen does not publicly identify the source without permission.

14. Third-party services

The Service may depend on third-party providers such as hosting, authentication, communications, AI, email, analytics, and payment services. Third-party services are governed by their own terms and policies. Bromen is not responsible for third-party outages, policy changes, approvals, pricing, security incidents, carrier actions, number loss, platform limitations, or discontinued services, although Bromen will use commercially reasonable efforts to manage supported integrations.

15. Backups, exports, and restoration

Bromen may provide export, backup, snapshot, or restore tools. These tools are intended to reduce risk but are not a guarantee against data loss. The Customer remains responsible for downloading and retaining exports appropriate to its business, verifying backups, and maintaining independent records required by law or professional practice.

Restoration may be limited by schema changes, provider limits, deleted authentication accounts, unsupported records, corrupted files, or conflicts. Bromen may require a dry run, typed confirmation, pre-restore backup, or administrative approval. Bromen is not required to perform destructive replacement or restore data across unrelated Customer accounts.

16. Security and confidentiality

Each party will use reasonable measures to protect the other party's confidential information and will use it only to perform obligations or exercise rights under these Terms. Confidential information does not include information that is public through no breach, already known without restriction, independently developed, or lawfully received from another source. A party may disclose confidential information when legally required after giving notice where permitted.

The Customer must maintain secure credentials, appropriate permissions, current devices, and reasonable internal controls. The Customer is responsible for losses caused by its users, shared credentials, insecure devices, incorrect role assignments, or failure to remove access, except to the extent caused by Bromen's breach of these Terms.

17. Regulated data and professional use

Unless Bromen expressly agrees in writing, the Service is not designed for Social Security numbers, full payment-card data, biometric templates, export-controlled data, highly sensitive government identifiers, protected health information subject to HIPAA, or other regulated data requiring specialized controls. Bromen is not a HIPAA business associate unless a separate Business Associate Agreement is signed and the applicable configuration is approved. Customers in regulated or licensed industries remain responsible for their professional, licensing, recordkeeping, confidentiality, and industry-specific obligations.

18. Suspension and removal of content

Bromen may suspend access, limit features, quarantine data, disable communications, or remove content when reasonably necessary to address nonpayment, security risk, suspected fraud, unlawful activity, provider requirements, excessive usage, harm to others, or violation of these Terms. When practical, Bromen will provide notice and an opportunity to cure. Immediate action may be taken when delay could create harm, legal exposure, or service disruption.

19. Term and termination

These Terms continue while you access or use the Service. Either party may terminate according to an Order or, if no term is stated, by reasonable notice. Bromen may terminate for material breach, nonpayment, unlawful use, security risk, or provider restriction. Upon termination, access may end and phone numbers, messaging registrations, integrations, and third-party resources may be released or disabled.

The Customer should export Customer Data before termination. Subject to law, provider limits, and the Privacy Policy, Bromen may delete or de-identify Customer Data after a reasonable post-termination period. Provisions that by their nature should survive will survive, including payment obligations, ownership, confidentiality, disclaimers, liability limits, indemnity, and dispute terms.

20. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." BROMEN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BROMEN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLIANT WITH EVERY CUSTOMER'S INDUSTRY, OR THAT CALLS, MESSAGES, ALERTS, APPOINTMENTS, AI OUTPUT, BACKUPS, OR THIRD-PARTY SERVICES WILL WORK OR BE DELIVERED AS EXPECTED.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

21. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROMEN AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; COST OF SUBSTITUTE SERVICES; MISSED APPOINTMENTS; UNDELIVERED COMMUNICATIONS; CUSTOMER OR END-CUSTOMER CLAIMS; OR DAMAGES ARISING FROM THIRD-PARTY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROMEN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID OR PAYABLE TO BROMEN FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS. THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY AND ARE AN ESSENTIAL PART OF THE AGREEMENT.

These limitations do not apply where prohibited by law and do not limit liability that cannot legally be limited, such as liability for certain intentional misconduct.

22. Indemnification

To the maximum extent permitted by law, the Customer will defend, indemnify, and hold harmless Bromen and its operators, contractors, and service providers from third-party claims, losses, liabilities, penalties, damages, judgments, and reasonable costs arising from:

• Customer Data, Customer content, or instructions;
• the Customer's products, services, employees, contractors, appointments, professional conduct, or relationship with End Customers;
• the Customer's violation of law, provider policy, privacy notice, consent requirement, or these Terms;
• calls, texts, alerts, recordings, data collection, or AI-assisted messages initiated or approved by the Customer;
• the Customer's infringement or misuse of another person's rights; or
• an Authorized User's access or actions, except to the extent caused by Bromen's breach of these Terms.

Bromen will provide reasonable notice of an indemnified claim and may participate in the defense. The Customer may not settle a claim in a way that admits fault by or imposes obligations on Bromen without Bromen's written consent.

23. Governing law and disputes

These Terms are governed by the laws of the State of Oklahoma, without regard to conflict-of-law principles. Before filing a lawsuit, the parties will attempt in good faith for at least thirty days to resolve the dispute through written notice and direct discussion. Subject to applicable law, exclusive jurisdiction and venue will lie in the state or federal courts located in Oklahoma, and each party consents to personal jurisdiction there.

Nothing in this section prevents either party from seeking temporary or emergency injunctive relief to protect security, confidential information, intellectual property, or access to systems.

24. Changes to these Terms

Bromen may update these Terms as the Service, law, providers, or business model changes. Updated Terms will be posted with a new effective date. Material changes may be communicated through the Service or other reasonable means. If you do not agree to updated Terms, you must stop using the Service before they take effect. Continued use after the effective date constitutes acceptance where permitted by law.

25. General terms

• Assignment: You may not assign these Terms without Bromen's written consent. Bromen may assign them in connection with a reorganization, financing, merger, acquisition, sale of assets, or change in operator.
• Force majeure: Neither party is liable for delay or failure caused by events beyond reasonable control, including internet, carrier, provider, utility, labor, governmental, natural-disaster, or cybersecurity events, except payment obligations.
• Severability: If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remainder will remain effective.
• No waiver: A failure to enforce a provision is not a waiver.
• Independent parties: The parties are independent contractors. These Terms do not create employment, partnership, agency, fiduciary, franchise, or joint venture relationships.
• No third-party beneficiaries: End Customers and other third parties are not beneficiaries of these Terms unless expressly stated by law.
• Entire agreement: These Terms, the Privacy Policy, applicable Orders, and incorporated policies form the entire agreement about the Service. An Order controls over these Terms only where it expressly states the conflicting provision.
• Electronic communications: You agree to receive agreements, notices, and records electronically. Electronic acceptance has the same effect as a handwritten signature where permitted by law.

26. Contact

Questions or support requests may be submitted through the contact page. Formal legal notices may be sent to legal@bromen.org. Notices should identify the Customer account and describe the issue in reasonable detail. Do not send passwords, authentication tokens, Social Security numbers, full payment-card data, or other highly sensitive information through ordinary email or contact forms.