Brix.io Terms of Service

Please read this document carefully before accessing or using Brix. By subscribing to or buying Brix licenses, the Customer accepts and agrees to use it in compliance with the Terms of Service stated below.

Introduction

Because we believe in establishing long-term relationships with our customers, we decided to use plain English, to make our terms as clear as possible.

Please don't forget that we are real people: take a look at our company page to get to know us a little. We are not perfect, but we're doing our best, because we believe that your success is our success.

When you read Brix or we below, it refers to Brix Sp. z o.o. company with business address at Obornicka 330, 60-689 Poznan, Poland, and with tax ID number PL9721250789.

Should you have other questions or concerns about this document, please send us an e-mail at support@brix.io.

Using Brix means accepting these terms

By accessing or using Brix in any way, whether you have created your own Brix site or are invited to someone else's site as a project member, or are just browsing around, you agree to and are bound by the terms and conditions written in this document.

If you do not agree to all of the terms and conditions contained in this document, do not access Brix.io.

This is a living document

This is a living document. With your help, we want to make it the best in the industry.

If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We're all ears! Email press@brix.io and we'll chat.

We don't amend this document for any particular customer, but if your changes apply to all of our customers, we'll be happy to update it for everyone.

We will likely improve this document over time. By continuing to use the site, you will implicitely accept the changes we make. Your access and use of Brix is always subject to the most current version of this document.

Breach of Terms

If you breach any of the terms and conditions in this document, your authorization to access or use Brix automatically terminates. Any materials downloaded or printed from Brix in violation of the Terms of Use must be immediately destroyed.

We may block, restrict, disable, suspend or terminate your access to all or part of Brix at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.

If you think we removed your access by mistake, get in touch and we'll give you our reasoning. We also have a quick way to restore access without losing any of your data.

Support

Support for Brix is provided via our Community Forums and Social Media.

Email support is also included, but is only provided to Brix site owners. If you have an issue with your Brix site, contact your site owner first, via their email address if you know it.

Minimal system requirement are limited only by the computer compliance with the latest browsers available on the market. Application supports following browsers:

Payments

All the payments are being conducted only by Mastercard Cards, Visa Cards, American Express Cards and PayPal.

The service for the payments have been provided by PayLane Sp. z o.o., based in Gdansk, Poland, Arkonska Street 6/A3, 80-387 Gdansk, KRS: 0000227278.

Every Brix.io user is allowed to use recurring payments. By choosing this option Brix.io user agrees to charge his card.

Service agreement

Service agreement is unmarked. Both Brix.io and Brix.io user is allowed to give a notice within a monthly period. The e-mail form is acceptable. Every customer is allowed to withdraw an agreement within 10 days from signing. Withdraw is possible only if service haven’t been used by the customer. In case of effective withdrawing, user gets fully refund in the same way he paid for. You can always complain. We’ll do our best to help you within 14 working days.

Access to your data

What personal data do you collect and why?

We collect the following personal data:

We do not collect Address or Credit Card information directly.

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not shared with outside parties.

Please be aware that your browser must be enabled to accept cookies from brix.io in order for you to use Brix.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above.

Who can see my password?

No-one. We never store your password unencrypted, so no-one can read it.

It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Brix immediately.

If you forget your password, we send you a secure link via email that lets you reset it.

Who can see my credit card number?

No-one at Brix. We use the very trustworthy and secure Paypal payment service. Read about their security measures on the PayPal Terms of Use (in short, they encrypt your credit card info).

Our Commitment to Children’s Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.

How can I access or correct my information?

You can access all your personally identifiable information that we collect online and maintain by logging in to any Brix site you have access to and visiting the settings pages.

Who can see myprojects?

It depends on the project access level you choose for your projects. By default, each project is private, but the site owner or any staff member who's part of that project can make it public.

For private projects: the only people who can see your mobile applications and content are staff members invited to the project, project members, your site owner and selected Brix employees (for the purpose of maintaining the service).

For website, blog and wiki projects: anyone with a link to your site can see your apps and projects. Your public projects will also be indexed by search engines.

What are the guidelines Brix follows when accessing my data?

How is my data protected from another customer's data?

All of our customers' data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data via software. We do our best and are very confident we're doing a good job at it, but, like every other web app that hosts their customers data on the same database, cannot guarantee that a sophisticated hacker cannot access other people's data.

How are you protecting my data from hacker attacks?

All of our servers are highly physically secured at the best data centers. We also have our own practices in place, which follow the industry's best practices. We keep our servers always up to date with security fixes, have one-click ways to take down servers should they become infected/compromised and to create and deploy new clean ones.

What should I do if I find a security vulnerability in Brix?

If you have discovered a security concern, please email us at support@brix.io. We’ll work with you to make sure that we understand the scope of the issue, and that we fully address your concern. We consider correspondence sent to support@brix.io our highest priority, and work to address any issues that arise as quickly as possible.

Please act in good faith towards our users’ privacy and data during your disclosure. We won’t take legal action against you or administrative action against your account if you act accordingly: White hat researchers are always appreciated.

Intellectual Property Rights

Who owns Brix materials?

Brix materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on Brix produced by Brix.

Brix materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the Brix Materials may violate such laws and the Terms of Use.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Brix service or Brix Materials or any portions of them.

You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The trademarks, logos and service marks displayed on this Site are the property of Brix Sp. z o.o. or other third parties. You are not permitted to use them without the prior written consent of Brix Sp. z o.o. or such third party that may own the Marks. Brix and the Brix logo are trademarks of Brix, licensed to Brix Sp. z o.o.

Who owns the IP of my apps and assets?

Brix does not claim intellectual property rights over apps created on Brix.

We leave it to each Brix site owner to decide who should own the IP of the apps created using their Brix site. We encourage site owners to make their policy clear to their site users, either via email or by posting it on their Brix site.

You acknowledge and agree that Brix has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the terms of use or other limitations that you may impose on the use of your shared content.

Brix does not pre-screen user materials that users provide or otherwise submit via Brix; however, Brix may remove any posted or submitted user materials from Brix for any reason without notice in its sole discretion. By posting or submitting your user materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Use, including all the rights necessary for you to post or submit your user materials.

In addition, by posting or otherwise submitting your user materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with Brix and as otherwise permitted by these Terms of Use; (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use; and (c) you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Use, including the distribution, public display, public performance and reproduction of such Images.

You are solely and entirely responsible for all of your user materials that you post or otherwise submit via Brix. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. Brix does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using Brix, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.

Reliability

Do you guarantee that Brix will be accessible at all times?

In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet.

We monitor Brix closely and have set up automated alarms to be notified (via email and SMS) when the Brix service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.

You acknowledge and agree that Brix shall not be liable for any failure to store your materials on Brix at any time.

Play Nice Clauses

Use of Brix

You agree that you shall not:

Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Brix offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Brix materials, the Brix service or another third-party service. You agree that you will not hold Brix responsible or liable with respect to the third-party services.

Special Treatment for Spammers

In the event of your or others’ access to or use of the Brix service in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Use, you acknowledge and agree that Brix would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Brix is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Brix may without restriction block, filter or delete unsolicited e-mail.

Subdomain Squatting

You may not engage in subdomain squatting. Brix sites that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be subdomain squatting are:

Attempts to sell, buy, or solicit other forms of payment in exchange for Brix subdomains are also violations and may result in permanent account suspension.

Restriction and Termination of Use

Brix may block, restrict, disable, suspend or terminate your access to all or part of Brix at any time in Brix’s sole discretion, without prior notice or liability to you.

Notification of Copyright Infringement

Brix will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. Brix will investigate notices of copyright infringement and take appropriate actions with all available meanings.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Brix or on sites linked to from Brix, please provide written notification of claimed copyright infringement to the designated agent or support team member for Brix (identified below), which must contain the following elements:

Links to Third Party Sites

Brix may include links that will take you to other sites outside of the Brix service. The linked sites are provided by Brix to you as a convenience and the inclusion of the links do not imply any endorsement by Brix of any linked site. Brix has no control of the linked sites and you therefore acknowledge and agree that Brix is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Brix is not responsible for any form of transmission (e.g. webcasting) received from any linked site.

Advertisements and Promotions

Brix may run advertisements and promotions from third parties via Brix in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via Brix, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Brix is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Brix advertisers on Brix.

Warranties and Disclaimers

The Brix service and Brix materials are provided by Brix under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Brix makes no warranty that

  1. the Brix service and Brix materials will meet your requirements;
  2. the Brix service and Brix materials will be uninterrupted, timely, secure, or error-free;
  3. the results that may be obtained from the use of Brix service and Brix materials will be effective, accurate, or reliable;
  4. the quality of the site or any services or materials purchased or accessible by you will meet your expectations; and any errors or defects in Brix service and Brix materials will be corrected.

This Brix service and Brix materials may include technical or other mistakes, inaccuracies, or typographical errors. Brix may make changes to the site, materials and services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. The Brix service and Brix materials may be out of date, and Brix makes no commitment to update the site, materials and services.

You acknowledge and agree that:

  1. Brix does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
  2. Brix makes no representations or warranties whatsoever about any such third parties, their materials or services;
  3. any dealings you may have with such third parties are at your own risk; and
  4. Brix shall not be liable or responsible for any materials or services offered by third parties.

Brix does not control or endorse the materials found in any services and specifically disclaims any liability with regard to the site, services and any actions resulting from your use of the Brix service and Brix materials and participation in any services. Managers, hosts, site owners, project members and other third parties are not authorized Brix spokespersons, and their views do not necessarily reflect those of Brix. To the maximum extent permitted by law, Brix will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Brix also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.

The use of Brix service, Brix materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Brix assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any services or materials. No advice or information, whether oral or written, obtained by you from Brix or via the site, services or materials shall create any warranty not expressly stated in the terms of use. Brix will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any services or materials, either with or without your knowledge.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.

Indemnity and Liability

You agree to indemnify and hold Brix and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  1. your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through Brix, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
  2. your access to or use of Brix (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with Brix);
  3. your connection to Brix;
  4. your violation of the Terms of Use;
  5. the actions of any member of your work group, including non-logged in users you have granted access to your Brix site;
  6. your infringement of any third party’s intellectual property rights when using any of the software made available on Brix;
  7. your violation of any rights of any third party;
  8. your access to or use of linked sites and your connections thereto; or
  9. any dealings between you and any third parties advertising or promoting via Brix.

International Users

The Brix service can be accessed from countries around the world and may contain references to Brix products, services and programs that are not available in your country. These references do not imply that Brix intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Brix Sp. z o.o. and its affiliates from their offices within Poland and the United Kingdom. Brix makes no representation that the Brix service and Brix materials are appropriate or available for use at other locations, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside Poland or the United Kingdom, you are responsible for compliance with all local laws.

The export and re-export of Brix Software must be done in accordance with The EU export control regime governed by Regulation 428/2009 and the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All Brix Software, products and publications are commercial in nature. The Software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Use and the applicable license agreement.

Limitation of Liability

In no event shall Brix, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Brix has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:

  1. the access or use of or the inability to access or use the Brix service or Brix materials;
  2. the statements or actions of any third party on or via the site, services or materials;
  3. any dealings with vendors or other third parties;
  4. any unauthorized access to or alteration of your transmissions, user materials or other data;
  5. any information that is sent or received or not sent or received;
  6. any failure to store or loss of data, files, materials or other content;
  7. any services available that are delayed or interrupted;
  8. any web site referenced or linked to from this site; or
  9. your access to or use of or inability to access or use any linked site.

Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

Governing Law and Jurisdiction

The Brix service (excluding linked sites) is controlled by Brix Sp. z o.o. from its offices within 60-689 Poznan, Obornicka 330 By accessing Brix, you agree that all matters relating to your access to, or use of, Brix shall be governed by the statutes and laws of the Republic of Poland, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Sąd Okręgowy w Katowicach (District Court in Katowice) with respect to such matters.

General

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via Brix or in connection with the Materials and Services constitute the entire agreement between Brix and you with respect to your access to or use of the Brix service and materials superseding any prior agreements between you and Brix on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Brix regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Brix services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Brix’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Brix to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.