Terms of Service

Last updated: October 19, 2025 These Terms are between you and Brew Emails, Inc. (“Brew” or “we” or “us” or “our”) concerning your use of (and including any access to) our website located at https://brew.new (the “Site”), as well as all related websites, networks, downloadable software, and other services provided by us and on which a link to these Terms is displayed (collectively, together with the Site, our “Service”). These Terms hereby incorporate by this reference any additional terms and conditions posted by Brew through the Service or otherwise made available to you by Brew. If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Site and to any such Organization.

​

1. Changes

We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes or otherwise notified you of such changes. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Service (including access to the Service via any third-party links); charge, modify, or waive any fees required to use the Service; or offer opportunities to some or all Service users.

​

2. Information Submitted Through the Service

Your submission of information through the Service is governed by Brew’s Privacy Policy (the “Privacy Policy”). You represent and warrant that any information you provide is and will remain accurate and complete, and that you will maintain and update such information as needed.

​

3. Input and Output

You agree and instruct that we may process inputs provided by you (collectively, “Input”) and generate output based on the Input (“Output”) in connection with the AI features of the Service, to operate, maintain, and improve the Service and Brew’s related technologies, including the machine learning models used to provide the Service. Input may include text, prompts, data files, images, website addresses (URLs), and other materials that you submit or upload to the Service. By submitting a URL, you authorize Brew to access, crawl, and analyze the publicly available portions of that website and to collect and use content such as text, images, color palettes, fonts, and layout information solely to configure, generate, and customize marketing assets and campaigns on your behalf. Brew will not circumvent authentication, paywalls, or technical restrictions when accessing such sites. You will ensure that all Input and your use of the Service and Output do not (a) violate these Terms or applicable law, or (b) infringe or misappropriate any rights of Brew or any third party. You represent and warrant that you have all rights, licenses, consents, and permissions necessary to provide any Input, including website content accessible via submitted URLs, and to authorize Brew’s access and use of that content as described in these Terms. For purposes of these Terms, “Customer Data” means all Inputs, Outputs, contact information, text, images, data files, website content, and other materials that you or your authorized users submit to or through the Service, or that Brew collects or processes on your behalf in connection with your use of the Service. Customer Data does not include aggregated or de-identified data created by Brew in accordance with these Terms.

​

4. Improving the Service

You grant Brew a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, host, store, process, transmit, display, modify, and create derivative works from your Inputs, Outputs, and other Customer Data as necessary to provide, operate, maintain, secure, and improve the Service and Brew’s related technologies. This license includes the right for Brew to: (a) enforce these Terms and comply with applicable law; (b) perform analytics, testing, and quality assurance; and (c) create and use aggregated and de-identified data derived from Customer Data for analytics, benchmarking, and product development, where “Aggregated and De-identified Data” means information that has been combined with similar data from other customers or altered to remove personal identifiers so that it cannot reasonably identify you or any individual. Aggregated and De-Identified Data is not considered your confidential information. When you use the Service under the Free Tier, this license also includes the right for Brew to use Customer Data for model-training and product-improvement purposes as described in Section 7. When you use the Service under the Paid Tier, Brew’s rights to Customer Data are limited to operating, maintaining, and supporting your account as described in Section 7, and Brew will not use your Customer Data to train or improve generalized models or features.

​

5. AI Tokens

The Service includes a monthly allotment of AI tokens (“AI Tokens”) that are used for AI-related features. Brew meters usage internally across features according to its own conversion rules. If you exceed your AI Token allotment during a billing cycle, access to AI features may be rate-limited, queued, delayed, or temporarily suspended until the allotment resets. If usage patterns suggest misuse or abnormal activity, such as excessive generation volume, output harvesting, or non-email use, Brew may throttle, restrict, or suspend access to AI features at its sole discretion.

​

6. Rules of Conduct and Acceptable Use Policy

Your use of the Service is subject to Brew’s Acceptable Use Policy, which forms part of this Agreement. The Acceptable Use Policy sets out prohibited and restricted activities when using the Service. Brew may update the Acceptable Use Policy from time to time by posting the revised version at /legal/acceptable-use. Continued use of the Service after such changes constitutes your acceptance of the updated policy.

​

7. Service Tiers and Data Use

7.1. Definitions. For purposes of these Terms:

• “Free Tier” means the no-charge version of the Service made available by Brew that includes limited functionality, feature availability, usage quotas, or other access restrictions determined by Brew from time to time.
• “Paid Tier” means any paid or subscription-based version of the Service that provides expanded functionality, increased usage limits, or additional support and configuration options, as may be offered by Brew from time to time.

7.2. Free Tier. If you use the Service under the Free Tier, you grant Brew a non-exclusive, worldwide, royalty-free license to use, reproduce, analyze, and process your Inputs, Outputs, and other Customer Data for the following purposes:

1. providing, operating, maintaining, and securing the Service;
2. developing, testing, and improving Brew’s models, algorithms, and related technologies, including through training and retraining of Brew’s machine learning systems; and
3. creating and using Aggregated and De-identified Data for analytics, benchmarking, and product improvement.

7.3. Paid Tier. If you use the Service under the Paid Tier, Brew will process your Inputs, Outputs, and other Customer Data solely to provide, maintain, and secure the Service for your account, including for support, abuse prevention, and troubleshooting. Brew does not use Customer Data from the Paid Tier to train any generalized or shared models. Brew may generate and use Aggregated and De-identified Data that cannot reasonably identify you or any individual for analytics and quality-assurance purposes.

​

8. Fees and Payment

8.1. Fees. Access to certain features or usage levels of the Service requires payment of fees. The applicable fees and plan options are presented during signup or within your account settings. Fees are stated in U.S. dollars unless otherwise specified. 8.2. Payment Processing. Brew does not process payments directly. We use third-party payment service providers, such as Stripe, Inc. (“Stripe”), to process payments on our behalf. By submitting your payment information, you authorize Stripe and other applicable payment providers to charge your designated payment method for all fees, renewals, upgrades, and applicable taxes. You agree to be bound by Stripe’s Services Agreement, as it may be updated from time to time by Stripe. Brew does not store full payment card details; payment credentials are collected and processed securely by our third-party payment providers. 8.3. Subscriptions and Renewals. Paid subscriptions are billed in advance on a recurring basis, such as monthly or annually. Each subscription automatically renews for the same term unless canceled through your account settings or by written notice to Brew before the end of the current billing period. Renewals are charged at the then-current rate. 8.4. Plan Changes. If you upgrade your plan, the additional fees will be charged immediately and prorated for the remainder of the current term unless otherwise stated. Downgrades take effect at the next renewal period. Brew may impose reasonable limits or require a plan change if your usage exceeds the limits associated with your current plan. 8.5. Taxes. All fees are exclusive of sales, use, value-added, or similar taxes (“Taxes”). You are responsible for any applicable Taxes except those based on Brew’s income. Where required, Brew or Stripe may collect Taxes on your behalf. 8.6. Non-payment. If a payment is declined, returned, or otherwise unpaid, Brew may suspend or terminate your access to the Service until payment is received. You remain responsible for any unpaid amounts and any reasonable costs Brew incurs to collect them. 8.7. Fee Changes and Refunds. Brew may change its fees or introduce new charges upon reasonable advance notice provided through the Service or by email. Changes apply at the start of the next billing cycle unless you cancel before renewal. Except as required by law, all payments are non-refundable, and the Service is provided on a prepaid basis. If Brew issues a refund, it is at Brew’s sole discretion and does not create any obligation to issue future refunds.

​

9. Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

​

10. Registration; User Names and Passwords

You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password, or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Brew, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.

​

11. Feedback

If you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Service or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Brew under any fiduciary or other obligation. You hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze, and exploit Feedback, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).

​

12. Monitoring

We may (but have no obligation to) monitor, evaluate, analyze, alter, or remove your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose. We may (but are not obligated to) scan and review content, links, Inputs and Outputs—automatically and, where flagged, manually—for abuse, malware/phishing, spam, policy violations, and security/debugging, and may remove or block content or suspend sending to protect the Service and recipients.

​

13. Your Limited Rights

As between the parties and subject to applicable law, you own Outputs generated from your prompts except for any Brew materials, system prompts, or templates embedded therein.

​

14. Brew’s Proprietary Rights

We and our suppliers own the Service, which is protected by proprietary rights and laws. All trade names, trademarks, service marks, and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Service should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.

​

15. Attribution; Showcases

Brew may append a small, unobtrusive attribution (e.g., “Built with Brew”, “Powered by Brew”) to public-facing emails, templates, or pages generated via the Service. You grant Brew a limited, worldwide, non-exclusive, royalty-free right to display or feature your published templates or designs in galleries or marketing materials on the Service. We may identify you as a customer and use your name and logo on our site and in decks. You can opt out within thirty (30) calendar days after the date you created your account by emailing legal@brew.new.

​

16. Third-Party Materials; Links

Certain Service functionality may make available access to information, products, services, and other materials made available by third parties (“Third-Party Materials”), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route, and transmit to you the applicable Third-Party Materials. Your use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third-Party Materials (such as terms of service or privacy policies of the providers of such Third-Party Materials).

​

17. Disclaimer of Warranties

To the fullest extent permitted under applicable law: (a) the Service and any Third-Party Materials are made available to you on an “As Is,” “Where Is,” and “Where Available” basis, without any warranties of any kind, whether express, implied, or statutory; and (b) Brew disclaims all warranties with respect to the Service and any Third-Party Materials, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. All disclaimers of any kind (including in this Section 17 and elsewhere in these Terms) are made for the benefit of both Brew and its affiliates and their respective affiliated entities, and their respective successors and assigns. Brew does not warrant that use of the Service will ensure compliance with any advertising, marketing, or consumer protection laws or regulations applicable to your industry, jurisdiction, or specific use case. You are solely responsible for your compliance obligations. Brew does not warrant that use of the Service will ensure compliance with the terms of service or policies of any third-party platform. You are solely responsible for your compliance with such third-party requirements.

​

18. AI Features and Beta

You agree that there are limitations that apply with respect to features on the Service that rely on AI, machine learning, and similar technologies (“AI Features”), including that (a) Output may contain errors or misleading information and may not be accurate or reliable, (b) AI Features may struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in actions or suggestions that are out of context or do not make sense, (c) AI Features do not have emotions and cannot understand or convey emotions in the way humans can, which can result in actions or suggestions that lack the empathy and emotion that humans are able to convey, (d) AI Features can struggle with complex tasks or requests that require reasoning, judgment, and decision-making, and (e) AI Features can perpetuate biases that are present in the data used to train them, which can result in actions or suggestions that are not intended or may be discriminatory or offensive. Without limiting the disclaimers in Section 17 and this Section 18, to the extent permitted by applicable law, Brew makes no warranties with respect to any AI Features or Output, or for any losses suffered or incurred by you or any other person arising out of or in connection with the AI Features or Output. We may provide you with the option to participate in early access programs to use alpha, beta, or pre-release services, products, features, and documentation (“Beta Services”). Notwithstanding anything to the contrary contained in these Terms, Beta Services are not generally available and may contain bugs, errors, or defects. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available. While we try to maintain the timeliness, integrity, and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct, or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors, and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at legal@brew.new with a description of such alteration and its location on the Service.

​

19. Limitation of Liability

To the fullest extent permitted under applicable law: (a) Brew will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, tort (including negligence), strict liability, or other theory, including damages for loss of profits, use, or data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of any Submissions), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, Brew will not be liable for damages of any kind resulting from your use of or inability to use the Service or from any Third-Party Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Service or any Third-Party Materials is to stop using the Service; and (d) the maximum aggregate liability of Brew for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, will be the greater of the total amount, if any, paid by you to Brew to use the Service in the three (3) month period preceding the event giving rise to the claim and $10.00. All limitations of liability of any kind (including in this Section 19 and elsewhere in these Terms) are made for the benefit of both Brew and the Affiliated Entities, and their respective successors and assigns.

​

20. Indemnity

To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Brew and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Inputs and Outputs); (b) any violation or alleged violation of these Terms by you; (c) any content, communications, or messages generated, sent, or published through the Service, including claims of misrepresentation, false advertising, deceptive practices, or failure to comply with disclosure or opt-out requirements; or (d) any actual or alleged violation by you of the terms of service or acceptable use policies of any third-party platform in connection with your use of the Service, including but not limited to social media sites, search engines, or content distribution platforms.

​

21. Termination

These Terms are effective until terminated. Brew may terminate or suspend these Terms or your use of the Service at any time and without prior notice, for any or no reason, including if Brew believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use the Service will immediately cease, and Brew may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2 to 7 to 12 and 14 to 29 will survive any expiration or termination of these Terms.

​

22. Dispute Resolution, Arbitration, Class Action Waiver

You agree to resolve certain disputes with Brew through binding arbitration (“Arbitration Agreement”). Arbitration means that an arbitrator, and not a judge or a jury, will decide the dispute. The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. This Arbitration Agreement supersedes all prior versions. 22.1. Covered Disputes. You and Brew agree that any dispute or claim between you and Brew arising out of or relating to these Terms or the Services (a “Dispute”), including any related software, hardware, integrations, or advertising or marketing communications, or your account, or any aspects of your relationship or transactions with Brew, will be resolved by binding arbitration, rather than in court. For purposes of this Arbitration Agreement, a Dispute will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms. LAWSUITS AND ARBITRATIONS MAY BE FILED, WHICH COULD AFFECT YOU. YOUR AGREEMENT TO THIS ARBITRATION AGREEMENT COULD AFFECT YOUR PARTICIPATION IN THOSE ACTIONS. 22.2. Exceptions to Arbitration. This Arbitration Agreement will not require arbitration of the following types of claims brought by either you or Brew: (i) small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and (ii) claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights, and patents. 22.3. Informal Dispute Resolution First. We want to address any disputes without needing arbitration. If you have a Dispute with Brew, prior to initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to ATTN: Brew Emails Inc., 2248 Broadway 1933, New York, NY 10024, USA so that we can work together to resolve the Dispute. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address, and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature. Likewise, if Brew has a Dispute with you, Brew will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Brew account. If the Dispute is not resolved within sixty (60) calendar days of when either you or Brew submitted a Pre-Arbitration Demand, an arbitration can be brought. If you or Brew have a Dispute involving claims under the exception to arbitration in Section 22.2, then this Section 22.3 does not apply to such Dispute. You agree that compliance with this Section 22.3 is a condition precedent to commencing arbitration, and that the arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. 22.4. Arbitration Procedure. If, after completing the informal dispute resolution process set out in Section 22.3, either you or Brew wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Brew address in Section 22.3. Brew will send any arbitration demand to the email address associated with your Brew account or to your counsel, if any. You and Brew agree that the Federal Arbitration Act (FAA) governs this Arbitration Agreement. If the FAA cannot apply for whatever reason, then the state laws governing arbitration procedures where you reside apply. The applicable arbitration provider depends on where you live. If you are a California resident, the arbitration will be administered by ADR Services, Inc. (“ADR Services”) under its Arbitration Rules, available at https://www.adrservices.com/services-2/arbitration-rules. If you are not a California resident, the arbitration will be administered by National Arbitration and Mediation (NAM) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. These Terms will govern to the extent they conflict with the arbitration provider’s rules. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute. Arbitration hearings will take place through videoconferencing by default, unless you and Brew agree upon another location in writing. A single arbitrator will be appointed. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Brew and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether these Terms are applicable, unconscionable, or enforceable, as well as any defense to arbitration. However, a court has exclusive authority to rule on the Mass Action Waiver in Section 22.6, including any claim that the section is unenforceable, illegal, void, or voidable, or that it has been breached. If a request to proceed in small claims court (see Section 22.2), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court. If you or Brew challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election will be severed from this Arbitration Agreement as to your Dispute. However, such court determination will have no preclusive effect in another arbitration or court proceeding involving Brew and a different individual. 22.5. Jury Trial Waiver. You and Brew hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Brew are instead electing that all Disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section 22.2 above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court. 22.6. Mass Action Waiver. You and Brew agree that, except as specified in Section 22.7 below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis, and the parties hereby waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Section 22.6 are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Brew agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the state or federal courts located in Wilmington, Delaware, U.S.A. This subsection does not prevent you or Brew from participating in a class-wide settlement of claims. 22.7. Bellwether Arbitrations. To increase the efficiency of administration and resolution of arbitrations, you and Brew agree that if there are fifty (50) or more individual arbitration demands of a substantially similar nature brought against either party by or with the assistance of the same law firm, group of law firms, or organizations within a one hundred and eighty (180) day period (“Mass Filing”), the parties will select sixteen (16) individual arbitration demands (eight (8) per side) for arbitration to proceed (“Bellwether Arbitrations”). Only those sixteen (16) arbitration demands will be filed with the arbitration provider, and the parties will hold in abeyance, and not file, the non-Bellwether Arbitrations. Brew will pay the arbitration provider’s costs for the sixteen (16) Bellwether Arbitrations. The statutes of limitation, including the requirement to file within one (1) year in Section 22.10 below, will remain tolled when non-Bellwether arbitration demands are held in abeyance. While the Bellwether Arbitrations are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider will hold those demands in abeyance. All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (i) whether the Bellwether Arbitration process is applicable or enforceable, (ii) whether particular demand(s) are part of a Mass Filing, and (iii) whether demands within a Mass Filing were filed in accordance with these Terms, including Section 22.3. In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s costs will be paid by Brew. The parties will work in good faith with the arbitrator to complete each Bellwether Arbitration within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Bellwether Arbitration process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings, including the claims of individuals who are not selected for a Bellwether Arbitration. Following resolution of the Bellwether Arbitrations, the parties agree to engage in a global mediation of all remaining arbitration demands comprising the Mass Filing (“Global Mediation”). The Global Mediation will be administered by the arbitration provider administering the Bellwether Arbitrations. If the parties are unable to resolve the remaining demands for arbitration comprising the Mass Filing within thirty (30) calendar days following the mediation, the remaining demands for arbitration comprising the Mass Filing will be filed and administered by the arbitration provider on an individual basis pursuant to the arbitration provider’s rules, unless the parties mutually agree otherwise in writing. Any party may request that the arbitration provider appoint an Administrative Arbitrator to determine threshold questions regarding the newly filed demands. The parties agree to cooperate in good faith with the arbitration provider to implement the Bellwether Arbitration process, including the payment of filing and administrative costs for the Bellwether Arbitrations, deferring any filing costs associated with the non-Bellwether Arbitration Mass Filings until the Bellwether Arbitrations and subsequent Global Mediation have concluded, and cooperate on any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Bellwether Arbitration provision will in no way be interpreted as authorizing a class, collective, or mass action of any kind, or an arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. The statutes of limitation applicable to each arbitration demand within a Mass Filing, including the requirement to file within one (1) year in Section 22.10 below, will remain tolled from the time a party makes a Pre-Arbitration Demand to the time when that party files the arbitration demand with the arbitration provider. 22.8. Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for the arbitration hearing, you or Brew may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it will be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer (which, solely for purposes of offers of judgment, may include reasonable attorneys’ fees to the extent they are recoverable by statute, in an amount not to exceed the damages awarded). The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual settlement offer(s) or offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended. 22.9. Arbitration Costs. Except as provided for in a Mass Filing (see Section 22.7), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules. If you have a gross monthly income of less than 300% of the federal poverty guidelines, you may be entitled to a waiver of certain arbitration costs. 22.10. Requirement to File Within One Year. To the extent permitted by applicable law, and notwithstanding any other statute of limitations, any claim or cause of action under these Terms (with the exception of disputes under Section 22.2(2)) must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines will be tolled while the parties engage in the informal dispute resolution process required by Section 22.3 above. 22.11. Opt-Out. You may reject this Arbitration Agreement and opt out of arbitration by sending an email to legal@brew.new within thirty (30) calendar days after the date you created your account. Your opt-out notice must be individualized and must be sent from the email address associated with your individual account. An opt-out notice that purports to opt out multiple parties will be invalid as to all such parties. No individual (or their agent or representative) may effectuate an opt-out on behalf of other individuals. Your notice to opt out must include your first and last name, address, the email address associated with your account, and an unequivocal statement that you decline this Arbitration Agreement. If you do decide to opt out, that opt-out will apply to this Arbitration Agreement, and neither party will have the right to compel the other to arbitrate any Dispute. However, all other parts of this Arbitration Agreement will continue to apply to you, and opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may enter into in the future with us. 22.12. Severability. Except as provided in Section 22.6 above, if any provision of this Arbitration Agreement is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

​

23. Governing Law

These Terms are governed by and will be construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. For all disputes between you and us other than those governed by the Arbitration Agreement, if any, you and Brew agree to exclusive jurisdiction of the federal and state courts located in Wilmington County, Delaware, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

​

24. Filtering

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Brew does not endorse any of the products or services listed on such Service.

​

25. Information or Complaints

If you have a question or complaint regarding the Service, please send an email to legal@brew.new. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

​

26. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe your copyright, you (or your agent) may send to Company a written notice by mail, email, or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Copyright Administrator Brew Emails Inc. as follows: By mail to 2248 Broadway 1933, New York, NY 10024, USA; or by email to copyright@brew.new. Copyright Administrator Brew Emails Inc.’s phone number is (332) 203-2145. The Service may allow you to import, remix, or adapt content, templates, or materials from other users or external sources. You are solely responsible for ensuring that any such use complies with applicable copyright, trademark, publicity, and other intellectual-property laws. Brew does not review, clear, or guarantee the legality of content uploaded, remixed, or generated through the Service. You agree not to rely on any material obtained through the Service as being license-free or in the public domain without your own due diligence, and to indemnify Brew against any claims arising from your use of third-party content.

​

27. Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country that is subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

​

28. Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

​

29. Miscellaneous

These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Brew. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, is the entire agreement between you and Brew relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Brew relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Service or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Brew will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.