Terms of Service
Last Updated: April 5, 2026 · Effective Date: April 5, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Brito Marketing LLC d/b/a britoOS ("britoOS," "we," "us," or "our"), a Florida limited liability company located at 6303 Blue Lagoon Dr, Suite 400-2301, Miami, FL 33126, United States.
By creating an account or using the britoOS platform (the "Service"), you agree to be bound by these Terms, our Privacy Policy, and all applicable policies incorporated by reference. If you do not agree, do not use the Service.
1. Description of Service
britoOS is an AI-powered, multi-tenant business operating system that provides:
- Unified omnichannel conversations (SMS, WhatsApp, email, Instagram, Facebook, web chat)
- Sales pipeline and deal management
- Contact and customer relationship management
- Third-party integrations (Google, Meta, Telnyx, Stripe, and others)
- AI-powered features including auto-replies, scoring, summaries, and automation
- Payment processing, invoicing, and subscription management
- Calendar scheduling and appointment booking
- Reporting and business analytics
The Service is provided "as is" and "as available." We continuously improve the platform and may add, modify, or discontinue features with reasonable notice.
2. Account Registration and Eligibility
- You must be at least 18 years old and have the legal authority to enter into these Terms
- You must provide accurate, complete, and current registration information
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activity that occurs under your account
- You must notify us immediately of any unauthorized access at support@britoos.com
- One person or entity may not maintain more than one free trial account
3. Subscription Plans and Payment
3.1 Billing
- Subscriptions are billed monthly or annually in advance via Stripe
- All fees are in U.S. Dollars unless otherwise specified
- Prices are exclusive of applicable taxes, which will be added where required
- We may change pricing with 30 days' written notice; changes apply at your next billing cycle
3.2 Usage-Based Charges
Certain services are metered and billed based on usage:
- AI Tokens: Claude AI usage included in your plan tier; overages billed per token
- SMS/WhatsApp:Messaging fees per Telnyx's published rates, passed through to you
- Storage: File storage included in plan; overages billed per GB
3.3 Refunds and Cancellation
- You may cancel your subscription at any time from your account settings
- Cancellation takes effect at the end of the current billing period
- No prorated refunds for partial billing periods
- If you cancel within 3 days of initial signup, you may request a full refund
- Annual plan refunds are evaluated on a case-by-case basis
4. Acceptable Use
You agree not to use britoOS to:
- Send unsolicited bulk messages (spam) or violate CAN-SPAM, TCPA, or applicable anti-spam laws
- Engage in fraud, phishing, impersonation, or deceptive practices
- Harass, threaten, stalk, or intimidate any person
- Distribute malware, viruses, or any harmful code
- Violate any applicable law, regulation, or third-party rights
- Attempt to access other customers' data or bypass security measures
- Reverse-engineer, decompile, or disassemble any part of the Service
- Use the Service for illegal activities or to store illegal content
- Exceed rate limits or abuse API access
- Resell access to the Service without an active Agency agreement
Violation of these terms may result in immediate account suspension or termination without refund.
5. Customer Responsibilities
- Content: You are solely responsible for all content and data you upload, transmit, or store in the platform
- Compliance: You must comply with all applicable laws when using the Service, including privacy, messaging (TCPA), and advertising regulations
- Consent: You must obtain proper consent from your contacts before sending messages, emails, or processing their data
- Credentials: You are responsible for keeping your login credentials, API keys, and integration tokens secure
- Backups: While we maintain automated backups, we recommend you maintain external backups of critical business data
- Team Access: You are responsible for managing team member permissions and access levels
6. Third-Party Integrations
britoOS integrates with third-party services including but not limited to Google, Meta (Facebook/Instagram), Telnyx, Stripe, and others. By connecting a third-party integration:
- You authorize britoOS to access and process data from that service on your behalf
- You agree to comply with the third party's terms of service and API usage policies
- britoOS is not responsible for the availability, accuracy, or policies of third-party services
- You may disconnect any integration at any time from Settings
- Disconnecting an integration may result in loss of synced data that has not been exported
We use the following sub-processors to deliver the Service: Supabase (database), Vercel (hosting), Anthropic (AI), Stripe (payments), Telnyx (messaging), and Resend (email). A complete list is maintained in our Privacy Policy.
7. AI Features Disclaimer
britoOS includes AI-powered features using Anthropic's Claude. Important limitations:
- AI-generated content is provided for informational and assistive purposes only
- AI outputs do not constitute legal, financial, medical, tax, immigration, or professional advice
- You are responsible for reviewing and verifying all AI-generated content before using it
- AI features may produce inaccurate, incomplete, or biased results
- We do not guarantee the accuracy, completeness, or reliability of AI outputs
- Your data processed by AI is used solely within your account session and is not used to train external models
8. Intellectual Property
8.1 britoOS Property
The Service, including its software, design, documentation, branding, and all related intellectual property, is owned by Brito Marketing LLC and protected by U.S. and international copyright, trademark, and intellectual property laws.
8.2 Your Content
You retain all ownership rights to the content and data you upload to the platform. By using the Service, you grant us a limited, non-exclusive license to host, store, process, and display your content solely to provide the Service to you.
8.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation.
9. Data Processing
For customers subject to GDPR, CCPA, or other data protection regulations:
- britoOS acts as a Data Processor for customer data stored in the platform
- We process data only as instructed by you (the Data Controller) and as necessary to provide the Service
- We do not use customer data for our own purposes beyond Service delivery
- We assist with data subject requests (access, deletion, portability) within 30 days
- We maintain appropriate technical and organizational security measures
- We notify you of sub-processor changes at least 30 days in advance
A Data Processing Addendum (DPA) is available upon request at legal@britoos.com.
10. Data Export
You may export your data at any time:
- Structured Data: Contacts, deals, and records are exportable in CSV format
- Conversation Histories: Message logs and communication records are exportable
- Files and Attachments: Downloadable directly from the platform
Upon account cancellation, we retain your data for 60 days to allow for export, after which it is permanently deleted upon request.
11. Service Level and Support
- We target 99.9% uptime but do not guarantee uninterrupted service
- Planned maintenance will be communicated at least 24 hours in advance when possible
- Technical support is available via email at support@britoos.com
- Support response times vary by plan tier
- Support constitutes reasonable technical assistance and is not a contractual SLA unless separately agreed
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- britoOS'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM
- WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION
- WE ARE NOT LIABLE FOR DAMAGES ARISING FROM THIRD-PARTY INTEGRATIONS, AI-GENERATED CONTENT, OR YOUR VIOLATION OF APPLICABLE LAWS
13. Indemnification
You agree to indemnify, defend, and hold harmless britoOS, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service or violation of these Terms
- Your content or data stored in the platform
- Your violation of any law or third-party rights
- Your messaging activities (SMS, WhatsApp, email) conducted through the platform
14. Dispute Resolution
14.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles.
14.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitrationadministered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Miami-Dade County, Florida. The arbitrator's decision shall be final and binding.
14.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
14.4 Jury Trial Waiver
BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING FROM THESE TERMS.
14.5 Exception
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
15. Termination
- By You: You may cancel your account at any time from account settings or by emailing support@britoos.com
- By Us: We may suspend or terminate your account immediately for violation of these Terms, non-payment, or harmful activity. We will provide notice when possible.
- Effect of Termination: Upon termination, your access to the Service ceases. You have 60 days to export your data. After 60 days, data may be permanently deleted.
- Survival: Sections regarding intellectual property, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive, will survive termination.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email or through the platform. Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.
17. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between you and britoOS
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right
- Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets
- Force Majeure: Neither party shall be liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, pandemics, government actions, or internet outages
18. Contact Information
For questions about these Terms of Service:
- Email: legal@britoos.com
- Support: support@britoos.com
- Phone: +1 (305) 760-4411
- Mail: Brito Marketing LLC, Attn: Legal, 6303 Blue Lagoon Dr, Suite 400-2301, Miami, FL 33126, United States