Brio App Terms and Conditions

Last Updated: 06/12/2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the website, the Brio mobile application (the “Service”) and the Brio Device created by New Potato Technologies, Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Brio App, Website and/or Device you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Reservation of Rights

All rights, titles, and interests in and to the Brio app, website, and materials are owned by NPT. All trademarks, service marks and trade names are also proprietary to NPT. None of the items mentioned herein may be used without the express written consent of NPT. All rights are reserved by NPT.

Brio App Participant Agreement

This is an agreement between New Potato Technologies, Inc. (“Company”, “NPT”) and You (“User”), in which User agrees to use a software program known as Brio Smart Coaster (the “Device”) and App (the “Software”) created by and hosted NPT.

  1. Company’s Obligations
  2. NPT shall provide User with free access to the Brio App and instruct User on how to use it in conjunction with the Brio Smart Coaster.

  3. User’s Obligations
  4. User shall use Device and Software under normally expected operating conditions. User may use device in public settings and are encouraged to enjoy use of the device.

    User agrees not to engage in any activity, post any User Content, or register and/or use a username, which is or includes material that is offensive, abusive, defamatory, pornographic, threatening, obscene, or conflicts with the Agreements, as determined by NPT.

  5. Rights User grants NPT
  6. In consideration for the rights granted to User under the Agreements, User grants NPT the right to use any images with User’s likeness, reviews or posts made by User about Brio in future NPT advertising and marketing campaigns, including: Social Media efforts, print and advertising materials, packaging, app and web development.

    User provides feedback, ideas or suggestions for the Brio app in connection with the Brio Beta Test or Content (“Feedback”), User acknowledges that the Feedback, ideas or suggestions for Brio App and/or device becomes the property of NPT. Feedback, ideas or suggestions are confidential and User authorizes NPT to use that Feedback without restriction and without compensation to User.

  7. Consent to Use of Data
  8. User agrees that New Potato may collect and use technical data and related information, including but not limited to technical information about how you use the app and device. New Potato may use this information to improve its products or to provide services or technologies to You. NPT will not disclose your name or email to any outside source or service.

  9. Use of PayPal Services
  10. You are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal’s services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

  11. Disclaimer of Warranty
  12. Software is a test product and its accuracy and reliability are not guaranteed. User shall not rely exclusively on Software for any reason. User waives any and all claims User may have against NPT arising out of the performance or nonperformance of Software or device.

  13. Limitation of Liability
  14. NPT shall not be responsible for any loss or damage to User or any third parties caused by Software or device.

  15. No Rights Granted
  16. This Agreement does not constitute a grant or an intention or commitment to grant any right, title or interest in Software or NPT’s trade secrets to User. User may not sell or transfer any portion of Software to any third party or use Software in any manner to produce, market or support its own products. User shall not identify Software as coming from any source other than NPT.

  17. No Assignments
  18. This Agreement is personal to User. User shall not assign or otherwise transfer any rights or obligations under this Agreement.

  19. General Provisions
  20. (a) Relationships: Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.

    (b) Severability: If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.

    (c) Integration: This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.

    (d) Waiver: The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.

    (e) Attorney Fees and Expenses: In a dispute arising out of or related to this Agreement, the prevailing party shall have the right to collect from the other party its reasonable attorney fees and costs and necessary expenditures.

    (f) Governing Law: This Agreement shall be governed in accordance with the laws of the State of North Carolina.

    (g) Jurisdiction: The parties consent to the exclusive jurisdiction and venue of the federal and state courts located in New Hanover County, North Carolina in any action arising out of or relating to this Agreement. The parties waive any other venue to which either party might be entitled by domicile or otherwise.

  21. Contact Us
  22. If you have any questions about these Terms, please contact NPT at 5508 Business Drive Wilmington, NC 28405 | 1 (910) 399-7073 |