Last Updated, March 8 , 2023
Please Read Carefully Prior To Using This Website
1. Acceptance of Terms and Conditions
Use of the (“Brax”) website (this “Website”) is governed by the Terms of Use contained herein as well as the terms and conditions of the Privacy Policy and Website Services Agreement posted on the Website (“Terms”). These Terms are legally binding on all users of this Website and constitute a legally binding agreement between you (“User”) and Brax. By accessing this Website, User expressly and irrevocably agrees to the Terms and to abide by the Terms. These Terms currently list Brax’s current policies and terms and conditions, but, as noted below, the Terms may be adjusted from time to time at Brax’s discretion. If the User of this Website does not agree with any of these Terms, User may not, under any circumstances, utilize the Brax Website.
2. Intellectual Property Rights
2.1 Ownership
All content, text, images, data, information and other material displayed, available or present on this Website (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) or other intellectual property rights associated with the Website (hereinafter “Intellectual Property Rights”), are the property of Brax, its licensors, or designated owners and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is protected by intellectual property rights, unless otherwise noted, and may not be used without the written permission of Brax or the respective owner except as provided in these Terms of Use.
2.2 Authorized and Prohibited Uses
User may access, use, and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these Terms of Use and all applicable laws. If User violates these Terms of Use and/or any applicable laws, your permission to use the Website terminates. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of this Website without the prior written permission of Brax. User will not infringe upon any Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices contained in this Website or the Content.
2.3 Registration and Passwords
Brax may or may not at times require a User to have a password(s) and provide registration details to access this Website or portions of this Website. If Brax does require a password and registration details, it shall be a condition of use of this Website that all the details User provides are correct, current, and complete. If Brax believes that the details are not correct, current, or complete, Brax will have the right to refuse User access to the Website, or any of its resources, and to suspend and/or terminate User´s account. User is responsible for maintaining the confidentiality of any password(s) and registration details User is given to access this Website, and User is fully responsible for all activities that occur under User´s password(s) and/or registration details. User agrees to notify Brax immediately of any unauthorized use of User’s password(s) and/or registration details. Brax reserves the absolute right, in its sole discretion, not to issue a password to any person or entity.
3. Website and Registration Administration
3.1 Authority of Website Administrator
Brax may in its discretion modify, edit, translate, suspend, restrict access to, or terminate this Website, these Terms of Use, the Content, or any link at any time without liability or prior notice. Brax may in its discretion terminate the browsing of, registration with, and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.
4. User Requirements and Obligations
4.1 Compliance
User will comply with all applicable laws in connection with use of this Website.
4.2 Unsuitable Conduct
User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment, or adverse publicity to Brax.
4.3 User Cooperation and Notification
User will cooperate with all reasonable requests of Brax and will notify Brax promptly upon learning of any actual or suspected breach of these Terms of Use by User or unauthorized use or abuse of this Website.
4. 4 Third Party Sites and Other Information
As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom Brax has no control or responsibility. Brax has no obligation to monitor, control, or restrict the use of this Website or third party websites accessible via links on this Website. These other sites are not under the control of Brax, and User acknowledges that (whether or not such sites are affiliated in any way with Brax) Brax is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Brax or any association with its operators. Moreover, Brax has no obligation to verify any Content submitted by any user or third party or to provide any registration or other information to User concerning any Content.
4.5 Warranty Disclaimers, Limitations on Liability, and Remedies
This Website, its Content, and its links are provided on an “as is” and “as available” basis and are used only at the sole risk of User, to the fullest extent permissible by law. Brax disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software, and links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Brax will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the internet, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if Brax has been advised of the possibility of such damages. Brax will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with this Website. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, the maximum liability of Brax will be limited to, in the sole discretion of Brax, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by Brax from User, not to exceed 12 months of fees.
4.6 Indemnification
Each User will defend, indemnify, and hold harmless Brax and their respective officers, directors, employees, and agents, and any of its licensors, website partners, or contractors from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.
5. Miscellaneous
5.1 Separate Software Services Agreement
In connection with User’s use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or Software Services Agreement in addition to the Terms of Use set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such additional terms and conditions will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.
5.2 Privacy Policy
Brax is concerned about privacy and has developed a policy to address privacy concerns. User can find the current privacy policy at https://brax.io/privacy-policy/ (the “Privacy Policy”). The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms.
5.3 Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Website or these Terms (including without limitation the Privacy Policy and Software Services Agreement ), Brax and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. Brax has no obligation to become involved in any dispute between a User and any other person. This Website, these Terms, and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California and the United States without regard to its conflict of law principles. Brax and User agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in San Diego, Ca. pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that Brax is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of these Terms pending a final arbitral decision.
5.4 Modification of Terms, Etc.
These Terms of Use constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time and are effective immediately upon posting. Brax will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these Terms of Use occasionally or at least every thirty (30) days. User’s continued use of this Website, subsequent to Brax’s notice of modification of these Terms of Use, shall constitute User´s acceptance of the modified Terms of Use. If any provision of these Terms of Use shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms of Use , or the whole of these Terms of Use , but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. The parties hereto are separate and distinct, and this agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor do these Terms of Use extend to any third party. User´s obligations pursuant to these Terms of Use shall survive termination of this Website, any use of this Website, any Content provided by User on this Website, and/or these Terms of Use.
5.5 Contact Information
If you have any questions regarding these Website Terms Of Use or this Website, please contact Brax at love@brax.io
6. Billing, cancellation and termination
(6.1) If you sign up for a free trial of a brax account, and you do not cancel that account before the expiration of the free trial period, your credit card will be billed starting on the day after your trial period expires for the full amount owing. Brax reserves the right to charge your credit card for amounts owing in less than the total amount owing until the full amount has been charged. If you cancel the services as provided for herein prior to the processing of your first amount owing, your credit card will not be charged.
(6.2) For monthly self service subscriptions, you can cancel at any time and your account will be scheduled for cancellation upon your next billing date and your account will be deactivated. There are no refunds on monthly subscriptions
(6.3) Brax fully managed accounts are not eligible for early cancellations. Customers may request cancellation at the end of their contract/billing period and Brax’s finance team will schedule the cancellation at the end of the term. There are no refunds on managed services.
(6.4) Brax, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the services, or any other Brax services, for any reason at any time. Such termination of services will result in the deactivation or deletion of your account with no refund, or your access to your account, and the forfeiture and relinquishment of all user content in your account. Brax reserves the right to refuse to provide any of the services to anyone for any reason at any time.
