Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and NOVA V, a company registered in Belgium (enterprise number 1026.507.349) ("Company", "we", "us", "our"), governing your access to and use of the BRILIZA personal finance platform, including any related websites, applications, and services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

These Terms are governed by Belgian law and comply with applicable European Union consumer protection regulations, including Directive 2011/83/EU on consumer rights.

2. Definitions

In these Terms, unless the context requires otherwise:

• "Account" means the user account you create to access the Service.
• "Content" means any data, text, information, or other materials uploaded, submitted, or generated through the Service.
• "Personal Data" has the meaning given in the General Data Protection Regulation (EU) 2016/679 ("GDPR").
• "Subscription" means a paid plan providing access to premium features of the Service.
• "User Data" means all data you input into the Service, including financial information, transactions, and preferences.

3. Service Availability and Eligibility

3.1 Geographic Restriction

The Service is intended exclusively for users located in the European Union and European Economic Area (EU/EEA). By using the Service, you represent and warrant that you are physically located within the EU/EEA. We reserve the right to restrict access from other locations.

3.2 Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law

3.3 Service Description

The Service is a web-based personal finance management platform that allows users to track income, expenses, budgets, and investments. The Service may integrate with third-party banking providers to import financial data. We do not provide financial advice, and the Service should not be relied upon for investment, tax, or other financial decisions.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must create an Account by providing accurate, current, and complete information, including a valid email address. You agree to update your information to keep it accurate and current.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your Account
• Notifying us immediately of any unauthorized use or security breach

We will not be liable for any loss or damage arising from your failure to protect your Account credentials.

4.3 One Account Per Person

Each individual may maintain only one Account. We reserve the right to terminate duplicate accounts.

5. Subscription Plans and Pricing

5.1 Available Plans

We offer the following subscription plans:

All prices are in Euros (€) and include applicable VAT. Features available under each plan are described on our Pricing page, which forms part of these Terms.

5.2 Price Changes

We reserve the right to modify subscription prices. Any price changes will be communicated to you at least 30 days before taking effect. Price changes will apply to the next billing cycle after the notice period. If you do not agree to a price change, you may cancel your Subscription before the new price takes effect.

6. Billing, Payment, and Auto-Renewal

Important: Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date.

6.1 Billing Cycle

• Subscriptions are billed monthly, on the same date each month (or on the last day of shorter months).

6.2 Automatic Renewal

Your Subscription will automatically renew at the end of each billing period at the then-current price, unless you cancel before the renewal date. Your payment method will be charged automatically on each renewal date.

6.3 Payment Methods

We accept payment methods as displayed during the checkout process. You authorize us to charge your selected payment method for all fees incurred. You are responsible for keeping your payment information current.

6.4 Failed Payments

If a payment fails, we may retry the charge and/or suspend access to paid features until payment is received. We will notify you of any payment failures and provide an opportunity to update your payment method.

7. Cancellation

7.1 How to Cancel

You may cancel your Subscription at any time by:

• Using the cancellation option in Settings → Subscription
• Contacting us at hello@briliza.com

7.2 Effect of Cancellation

Upon cancellation:

• You retain access to paid features until the end of your current billing period
• After that period ends, your Subscription ends and paid features are no longer available
• Your User Data is preserved and remains available to view and export, in line with our Privacy Policy
• No further charges will be made to your payment method

7.3 No Partial Refunds

Cancellations are effective at the end of the current billing period. We do not provide prorated refunds for partial billing periods.

8. Refund Policy

General Policy: No refunds are provided.

8.1 Rationale

The Service is a personal finance tracking and management tool. We provide features and functionality to help you organize your financial data. We do not and cannot guarantee specific financial outcomes, savings, or results. Your financial decisions and their outcomes are your sole responsibility.

8.2 Free Trial Alternative

We offer a 14-day free trial that gives you the full product before committing to a paid Subscription. We strongly encourage you to use the trial to determine whether the Service meets your needs.

8.3 EU Consumer Rights

Under EU Directive 2011/83/EU you have a 14-day right to withdraw from a contract for digital content, for any reason. We also give you a 14-day free trial, so you can evaluate the Service in full before you pay anything. If you start a paid Subscription and change your mind, you may withdraw within 14 days for a refund. Because billing is monthly, you can also cancel at any time to stop future charges. This does not affect any statutory rights that cannot be waived. To withdraw, contact us within 14 days of starting your paid Subscription.

9. License Grant and Restrictions

9.1 License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial financial management purposes.

9.2 Restrictions

You agree not to:

• Use the Service for any illegal purpose or in violation of applicable laws
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with or disrupt the integrity or performance of the Service
• Use automated scripts, bots, or other means to access the Service without authorization
• Reverse engineer, decompile, or disassemble any part of the Service
• Copy, modify, distribute, sell, or lease any part of the Service
• Remove or alter any proprietary notices or labels
• Use the Service to compete with us or build a similar product
• Upload malicious code, viruses, or harmful content
• Impersonate any person or entity or misrepresent your affiliation

10. User Data and Content

10.1 Ownership of User Data

You retain all ownership rights to your User Data. We do not claim ownership of any data you input into the Service.

10.2 License to User Data

By using the Service, you grant us a limited, non-exclusive license to access, process, and display your User Data solely for the purpose of providing and improving the Service. This license terminates when you delete your Account.

10.3 Data Accuracy

You are responsible for the accuracy and legality of your User Data. We are not responsible for verifying the accuracy of data you enter or data imported from third-party services.

10.4 Data Portability

In accordance with the GDPR, you have the right to receive your User Data in a structured, commonly used, machine-readable format. Contact us to request data export.

11. Bank Connections and Third-Party Services

11.1 Open Banking Provider

Bank account connections are provided through GoCardless Ltd (trading as Nordigen), a licensed Account Information Service Provider (AISP) authorized under the Payment Services Directive 2 (PSD2). GoCardless is regulated by the Financial Conduct Authority (FCA).

11.2 Authorization

When you connect a bank account, you:

• Authorize GoCardless to access your bank account information on our behalf
• Authenticate directly with your bank, we never receive or store your bank login credentials
• Grant read-only access to account balances and transaction history

11.3 Connection Duration

Bank connections typically remain active for 90-180 days depending on your bank's policies. You may need to re-authorize the connection periodically. You can revoke access at any time through the Service or directly through your bank.

11.4 Third-Party Terms

Your use of bank connections is also subject to GoCardless's terms of service and your bank's terms. We are not responsible for the availability, accuracy, or functionality of third-party banking services.

12. Intellectual Property

12.1 Our Intellectual Property

The Service, including its software, design, text, graphics, logos, icons, images, and all other content (excluding User Data), is owned by NOVA V or its licensors and is protected by copyright, trademark, and other intellectual property laws of Belgium, the European Union, and international treaties.

12.2 Trademarks

"BRILIZA", "NOVA V", and associated logos are trademarks and trade names of NOVA V, whether or not registered. You may not use them without our prior written permission.

12.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Service without compensation or attribution.

13. Disclaimers and Limitation of Warranties

13.1 "As Is" Provision

Without affecting the mandatory statutory rights you have as a consumer (see Section 13.4, including the legal conformity guarantee for digital services), and to the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

13.2 No Guarantees

We do not warrant or guarantee that:

• The Service will be uninterrupted, timely, secure, or error-free
• Data imported from banks or other sources will be accurate or complete
• AI-generated categorizations, insights, or suggestions will be accurate
• The Service will meet your specific requirements or expectations
• Any errors in the Service will be corrected

13.3 Not Financial Advice

The Service does not constitute financial, investment, tax, legal, or other professional advice. Any information, insights, or suggestions provided by the Service are for informational purposes only. You should consult qualified professionals before making financial decisions.

13.4 Consumer Rights

Nothing in this section excludes or limits warranties that cannot be excluded or limited under applicable law, including EU consumer protection laws. As an EU consumer, you have statutory rights that are not affected by these Terms.

14. Limitation of Liability

14.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, NOVA V shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or data corruption
• Loss of goodwill or reputation
• Cost of substitute services
• Financial losses resulting from decisions made using the Service

14.2 Cap on Liability

Our total aggregate liability for all claims arising from or related to the Service shall not exceed the total fees you paid us for the Service in the 12 months preceding the claim.

14.3 Exceptions

The limitations in this section do not apply to: (a) liability for death or personal injury caused by negligence; (b) fraud, fraudulent misrepresentation, gross negligence, or wilful misconduct; (c) the non-performance of an essential obligation that is the subject matter of the contract; (d) any liability that cannot be excluded or limited under applicable mandatory law, including Belgian consumer-protection law (Article VI.83 of the Code of Economic Law); or (e) our obligations under data protection law (GDPR).

14.4 Basis of the Bargain

You acknowledge that the limitations of liability reflect a reasonable allocation of risk and are a fundamental element of the basis of the bargain between you and us. The Service would not be provided without such limitations.

15. Indemnification

You agree to indemnify, defend, and hold harmless NOVA V and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from: (a) your unlawful use of the Service; (b) your breach of these Terms; or (c) your infringement of the rights of a third party. This obligation does not apply to the extent the claim arises from our negligence or wilful misconduct. If you use the Service as a consumer, this indemnity applies only to the extent permitted by mandatory consumer-protection law and never beyond losses you actually and culpably caused.

16. Suspension and Termination

16.1 Termination by You

You may request deletion of your Account at any time by emailing us at hello@briliza.com. Upon your request, your User Data will be permanently removed in accordance with our Privacy Policy.

16.2 Termination by Us

We may suspend or terminate your Account if you:

• Violate these Terms or any applicable law
• Engage in fraudulent, abusive, or illegal activity
• Fail to pay Subscription fees after notice and opportunity to cure
• Pose a security risk to the Service or other users

16.3 Effect of Termination

Where we suspend or terminate your Account for one of the reasons in Section 16.2, your right to use the Service ceases immediately. If we ever suspend or terminate for a reason not attributable to you, we will give you reasonable prior notice and the opportunity to export your data. Sections of these Terms that by their nature should survive (including intellectual property, disclaimers, limitations of liability, and indemnification) shall survive termination.

17. Modifications to Terms

We may modify these Terms at any time. When we make material changes:

• We will update the "Last updated" date at the top of these Terms
• We will notify you at least 30 days before material changes take effect via email or through the Service
• For changes that materially reduce your rights or increase your obligations, we will seek your affirmative consent where required by law

If you do not agree to a material change, you may cancel your Subscription or close your Account before it takes effect, and you will not be bound by that change. Material changes do not apply retroactively. Continued use of the Service after a change has taken effect constitutes acceptance of that change.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

18.2 Jurisdiction

Subject to Section 18.3, disputes arising from these Terms or the Service may be brought before the courts of Belgium. If you are a consumer, this does not deprive you of the right to bring or defend proceedings in the courts of your EU country of residence, as guaranteed by mandatory law.

18.3 EU Consumer Rights

If you are a consumer residing in the EU, nothing in this section deprives you of: (a) the protection of mandatory consumer protection laws of your country of residence; or (b) the right to bring proceedings in the courts of your country of residence.

18.4 Out-of-Court Dispute Resolution

If you are a consumer and we cannot resolve a dispute directly, you may refer it to the Belgian Consumer Mediation Service (Consumentenombudsdienst / Service de médiation pour le consommateur), North Gate II, Koning Albert II-laan 8 box 1, 1000 Brussels, consumentenombudsdienst.be. If you reside in another EU country, you may also contact the alternative dispute resolution body competent in your country of residence. We are willing to take part in out-of-court dispute resolution but are not obliged to do so.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements, understandings, and communications.

19.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, deemed severed. The remaining provisions shall continue in full force and effect.

19.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, provided that any such assignment does not reduce your rights under these Terms or under applicable law without your consent.

19.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, internet or telecommunications failures, or cyberattacks.

19.6 Notices

We may provide notices to you via email to the address associated with your Account or through the Service. You must provide notices to us via email to hello@briliza.com. Notices are effective upon receipt.

19.7 Language

These Terms are available in English, Dutch, and Spanish. In the event of any conflict between the English version and a translation, the English version prevails, without prejudice to any mandatory right you have to rely on the version in your own language under the consumer-protection laws of your country of residence.

19.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.