Welcome to your presence aware world.
Wouldn’t it be nice if places you went could automatically tell
you things you want to know simply for showing up?
Now they can.
Welcome to Brouha. The first of its kind presence aware mobile communications Retail network.
Connect with your customers
Brouha allows for automated communications between stores and their customers based on customers physical presence.
Get customers to come more frequently, reward your best customers or simply arm your customers with useful information as they enter your store.
Brouha's mobile presence solutions can enable your business to communicate with customers whenever they walk through your front door.
Just ask us how at questions@brouha.me.
Find your 'hood.
Explore your favorite neighborhood places or your whole city with one card.
Pick up a card in any of our participating stores, subscribe once and then simply carry it with you. Whenever you walk into a store on Brouha, you'll be automatically connected. No checkins required.
Select a city:
Brouha RFID Card
Customer carrying Brouha card containing RFID chip enters store.
At-door antenna
Brouha floor-mat antenna at door reads chip on card in customer's pocket, wallet or purse.
Cloud service
Brouha sends information via 3G to our cloud services.
Automated message
Customer receives automated SMS message from store.
The time from walking in to getting a message is just a few seconds, and requires NO user initiation in order to work.
A single card to your favorite stores
Brouha is easy for customers to use. Simply grab a card from any participating store and subscribe once via text to join. Then carry it with you in your wallet, pocket or bag.
Customers can choose which stores they want to receive messages from on a store-by-store basis, creating their own "Brouha Network".
Best of all, Brouha is anonymous - no username, email or password required.
* 1 card works for the entire network!
Automated at-door notifications
Brouha’s service works on a very simple idea: why not enable stores to automatically send customers important information to their phones right when they walk through the front door.
Encourage loyalty by rewarding customers for how often they visit your store or simply notify customers about menus, happy hours, events and more...
...all with no customer initiation required.
Putting stores in control
Brouha’s easy to use web console lets stores create the automated messages they want customers to see.
With a simple "fill-in-the-blanks" interface, stores can create and schedule automated mobile messages in seconds.
Stores can even include links to social media, videos, websites, downloads or other rich content in the messages they send customers.
Giving the store a brain
Wouldn’t it be nice if stores could automatically communicate directly with customers on their phones whenever customers visit their store?
Now they can.
Brouha’s RFID based solution uses the physical act of walking in as a trigger to facilitate direct store-to-customer mobile communication.
Connecting directly to customers
Brouha gives stores a real time mobile presence on customers' phones.
Stores can know instantly when customers enter and send automated messages to each customers' phone right as they step through the front door.
Get to know your business
Brouha can provide your store with real-time stats so you can get to know your business better.
Foot traffic patterns, store visit trends, overall customer growth and much more can be monitored by your business via the Brouha web console.
FAQ:
Q1. What is brouha?
A. brouha is a mobile message board that allows you to tap into everything a store has to offer. From cool events to last minute deals, brouha helps you get rewarded simply for showing up. And since your brouha card will work in ANY store on the brouha network, all you need to do is carry it with you. So remember to look for our b! sticker on store windows and if a store you love isn't on our network, tell them about us. As always, feel free to contact us with additional questions or comments at questions@brouha.me.
Q2. How does it work?
A. Think of the brouha card as a wireless metrocard. When you enter a store, brouha reads your card and automatically loads the store's mobile page and messages onto your phone. If push notifications are enabled you will receive a notification welcoming you to the store, which lets you know the store is on brouha.
Q3. Do I need to be in a store in order for it to work?
A. Yes.
Q4. If my personal information isn't used how can you send messages to my phone?
A. Brouha works in a similar fashion to the way you browse the web. Visiting a store is like visiting a website. Brouha allows you to view and click on various content the same way you can on a site without entering any personal information.
Q5. How do I get a new card?
A. You can get a new card at any store that's on brouha. You can find a store at anytime by going to the maps section from the main brouha home screen.
Q6. I lost my card what do I do?
A. If you lost your card, you may de-activate it by selecting the "settings" button on the upper right corner of the main navigation bar at the top of the app. Once there, simply press the red "de-activate" button and the card will be de-activated. To get a new card, simply go to any store that's on brouha and ask for a card.
Q7. Can I use my card with more than 1 phone?
A. Each brouha card currently works with one phone at a time. You may however activate a new phone with the same card. Activating your card on a new phone will only allow messages to be sent to that phone.
Q8. What stores carry brouha?
A. You can find a store on our network at anytime by going to the maps section from the main brouha home screen. Don't see a store you like? Write us at questions@brouha.me.
Q9. Can I send the store a message?
A. Yes. Simply press on the page curl on the lower right of the main screen while you are in the store. This will reveal a button labeled "Send a message to the store". The message you send will be anonymous. If you would like to send brouha a message, comment or question, you may drop us a note at questions@brouha.me.
Q10. How do I contact brouha?
A. If you would like to send brouha a message, or you have a comment or question, you may drop us a note anytime at questions@brouha.me. And as always, we appreciate your input as it helps us serve you better! Meanwhile we hope you enjoy all the cool stuff brouha and its stores have to offer.
- The brouha team
Privacy Policy:
brouha is an anonymous service and as such does not collect, use or share any personal information (including phone number, name, email). Users who access brouha will be assigned a random alpha numeric identifier ("id") that brouha uses solely to link a user's brouha smartcard to the brouha app running on the users mobile device. This id is anonymous and is used for internal purposes in order to allow for brouha and the venue or store the user of the App is standing in to send messages to a user's phone via the brouha app. The id is not or cannot be used to identify or collect any personally identifiable information associated with a user who accesses or uses brouha.
Contact:
For additional questions or comments please contact us at questions@brouha.me.
Effective Date: May 15, 2011
TERMS OF USE:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY BROUHA LLC. ("BROUHA"), A NEW YORK LIMITED LIABILITY COMPANY.
THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE BROUHA MOBILE APPLICATION (THE "APP") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY BROUHA (COLLECTIVELY WITH THE APP, THE "SERVICE").
Acceptance of Terms.
By using the Service in any manner, including but not limited to using or browsing the App, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate brouha's Privacy Policy, and all other operating rules, policies and procedures that may be published from time to time on the App by brouha, each of which is incorporated by reference and each of which may be updated by brouha from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by brouha from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and venues that have a page on the Service.
Privacy Policy.
* See "Privacy Policy" at http://brouha/privacypolicy
Access.
Subject to these Terms of Use, brouha may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services brouha performs for you, any applications or widgets offered by brouha that you access through brouha or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by brouha, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
Use of Message Related Data.
While brouha does not collect personally identifiable information such as name, email or phone number, brouha does collect data information that is numerical in nature as it relates to it's various types of messages it sends and receives through the brouha network. This data is used by stores as well as brouha solely as a counter to understand information as it relates to the number of deals redeemed ("redemptions"), number of event RSVPs ("RSVP") and/or number of views for informational messages ("information"). This data is used by stores as well as brouha to understand the number of times a given user has consumed, engaged with, viewed or accessed various messages through the brouha app.
Registration and Eligibility.
brouha reserves the right to refuse activation of, or de-activation of a Users smartcard at it's discretion. You shall never use another user's smartcard or attempt to gain access through a another users smartcard without such other user's prior express permission. You will immediately notify brouha in writing of any unauthorized use of your smartcard, or other related security breach of which you are aware.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. brouha may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the App or Services in any way.
Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. bubbly cannot guarantee the authenticity of any Content or data which vendors or stores may provide to users. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. In addition by using this app, users agree to be subject to laws pertaining to the consumption, redemption, or access of any content including but not limited to information that in its nature and by law is subject to age limitations or restrictions. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, deals, events, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by brouha on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by vendors, stores, businesses or other entities that create, manage, edit or post messages to users are collectively referred to as, "Vendor Submissions."
brouha Content.
The Service contains Content specifically provided by brouha or its partners, stores and vendors and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Subject to these Terms of Use, brouha grants each user of the App and/or Service a worldwide, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from brouha, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
Vendor Submissions.
By submitting Vendor Submissions on the App or otherwise through the Service, a Vendor hereby does and shall grant brouha a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Vendor Submissions in connection with the App, the Service and brouha's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the App and/or the Service a non-exclusive license to access your Vendor Submissions through the App and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Vendor Submissions. For clarity, the foregoing license grant to brouha does not affect your other ownership or license rights in your Vendor Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with brouha.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the App is the sole responsibility of the person from which such Content originated; that brouha will not be liable for any errors or omissions in any Content; and that brouha cannot guarantee the identity of any other users or vendors with whom you may interact in the course of using the Service.
Rules and Conduct.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any Vendor or User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by brouha in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without brouha's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of brouha or any third party;
- impersonates any person or entity, including any employee or representative of brouha;
- includes anyone's identification documents or sensitive financial information; or
- breaches the Privacy Policy and/or any of the other policies and rules incorporated herein.
You shall not: (i) take any action that imposes or may impose (as determined by brouha in its sole discretion) an unreasonable or disproportionately large load on brouha's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures brouha may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the App or Service; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of brouha's guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
brouha does not guarantee that any Content or User or Vendor Submissions (as defined above) will be made available on the App or through the Service. brouha has no obligation to monitor the App, Service, Content, or Vendor Submissions. However, brouha reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any Vendor Submissions at any time, without notice to any party and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if brouha is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any Vendor Submissions from the Service. brouha also reserves the right to access, read, preserve, and disclose any information as brouha reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of brouha, its users, vendors and the public.
Special Terms for Vendor Pages.
If you have a "Page" on the App and/or Service, you also agree to the following:
- Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
- You may only administer a Page if you are an authorized representative of the subject of the Page.
- All Content posted on the Pages will be made available to all users of the Services.
- You may not establish terms beyond those set forth in these Terms of Use to govern the use of the Page you administer.
- Your Page will not be used primarily or substantially to promote or advertise alcohol or tobacco products, firearms, or other products or services that may not be lawfully purchased or used by minors.
- You will not direct your Page, or any Content on your Page, to children under the age of 13.
- If you collect information about users, you will only use such information for your internal business purposes but NOT in connection with your use of the Service and in accordance with brouha's Privacy Policy.
- You understand that brouha's service is intended to be anonymous and as such you agree to not attempt to collect ANY personal information about users through the Service and in accordance with brouha's Privacy Policy.
- You will not use deceptive practices to get users to "view" your Page.
Third Party Sites and Services.
The Service may permit Vendors to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under brouha's control, and you acknowledge that brouha is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by brouha or any association with its operators. You further acknowledge and agree that brouha shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Termination.
brouha may terminate a Users or Vendors access to all or any part of the Service, with or without cause, with or without notice, effective immediately. If a User wishes to terminate or de-activate your Service, they may do so by pressing the "de-activate card" button via "Settings" in the app. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer.
Save to the extent required by law, brouha has no special relationship with or fiduciary duty to you. You acknowledge that brouha has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release brouha from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. brouha makes no representations concerning any Content contained in or accessed through the Service, and brouha will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SITE, SERVICE, CONTENT AND ALL THIRD PARTY LINKS ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
BROUHA, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): brouha makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service. brouha will not be liable for the privacy of registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on brouha's equipment, transmitted over networks accessed by the App, or otherwise connected with your use of the Service.
Indemnification.
You shall defend, indemnify, and hold harmless brouha, its affiliates and each of its, and its affiliates employees, contractors, directors, vendors, partners, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the App, Site, Service, Content, Links or otherwise from User or Vendor Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of brouha). brouha reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with brouha in asserting any available defenses.
Limitation of Liability.
ALL LIABILITY OF BROUHA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF BROUHA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
IN NO EVENT SHALL BROUHA, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT BROUHA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS, VENDOR SUBMISSIONS OR LINKS FOR:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:
- DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
- FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY; OR
- ANY BREACH OF ANY OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES ACT 1982.
Dispute Resolution & Governing Law.
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and brouha agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Save for users located in the EEA and/or Australia, the following arbitration and governing law provisions shall apply
- These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.
- These Terms of Use and any disputes or claims arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England. All disputes or claims arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the English Courts to which the Parties irrevocably submit.
Government Use.
The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.
Integration and Severability.
These Terms of Use are the entire agreement between you and brouha with respect to the Service and Site, App, Service, Content, User Submissions, Vendor Submissions or Links, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and brouha with respect to the App. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Modification of Terms of Use.
brouha reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or App or by sending you notice through the Service. brouha may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Cancellation of these Terms of Use.
In respect of users located in the EEA who wish to receive Services, and/or provide User or Vendor Submissions, and/or provide or access Content via the App, such users may have a right to cancel these Terms of Use under the European Distance Selling Directive (97/7/EC) ("Directive") within 7 days of accepting these Terms of Use solely to the extent such right applies under the Directive to such users, save that if such right to cancel applies, it shall cease to exist from the time of actual use of the Services, and/or provision of the User or Vendor Submissions, and/or provision or access of Content via the App by such users.
Miscellaneous.
brouha shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond brouha's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with brouha's prior written consent. brouha may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Solely in respect of users located in the EEA and/or Australia, in respect of these Terms of Use and your use of this App, Site, Service, Content, User or Vendor Submissions or Links, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and you (and our and your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and we and you agree that we do not intend that any provision of these Terms of Use should be enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
Language.
Where brouha has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with brouha.
If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.
Contact.
You may contact brouha at the following address: questions@brouha.me
Effective Date: June 15, 2011
Chaz Mee Co-founder, CEO
Chaz Mee, CEO of Brouha is a graduate of NYU Tisch School of the Arts and has over 15 years of marketing, entertainment and technology experience as a Creative Director, Technologist and Marketing professional, specializing in digital marketing and branding.
Chaz’s career in interactive and digital advertising includes creating innovative marketing solutions for companies such as BBH, Tribal DDB, R/GA, StrawberryFrog, DraftFCB, JWT and others.
Chaz has represented some of the largest clients including Sony, 20th Century Fox, Nike, Jose Cuervo, Philips, Scion, Morgan Stanley, AOL, Wendys, among many more.
Federico Rodriguez Co-founder, CTO
Federico ("Fed") Rodriguez, Co-founder and CTO of Brouha, received a BA in Computer Science from Brown University in 2009.
As a junior, Fed helped the company Amie Street create its initial platform; the company was purchased by Amazon in 2010.
In 2010 and 2011 Fed served as lead developer for Dilltree Inc, creating highly scalable real-time race tracking software that handles multiple concurrent races and over 200,000 runners per second.
The software has been used to time some of the world's largest marathons in the world, including the New York and Singapore Marathons.