These Terms of Service (these “Terms” or the “Agreement”) apply to all websites, software, applications, content, and products, including www.brij.it and its related mobile application (collectively, the “Site”) provided by BRIJ, Inc. and any affiliates (“BRIJ,” “we,” “us,” or “our”) and all services provided by us in connection with such Sites or otherwise, to you, whether individually or on behalf of any entity you represent (“User,” “Users,” “you,” or “your”), as well as functionality or services we may choose to provide through some other mechanism (collectively, the “Services”).
These Terms govern your use of the Services.
PLEASE READ THESE TERMS CAREFULLY because this Agreement constitutes a legally binding contract between you (or the entity you represent) and BRIJ.
IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICES. BY ACCESSING, UPLOADING INFORMATION TO, OR OTHERWISE USING THE SERVICES, YOU AGREE (1) TO BE BOUND BY THIS AGREEMENT (INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN OR AVAILABLE BY HYPERLINK); (2) YOU ARE AT LEAST 18 YEARS OLD, AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE NOT PREVIOUSLY BEEN SUSPENDED OR REMOVED FROM THE SERVICES; (4) YOU HAVE READ, UNDERSTAND, AND ACCEPT THIS AGREEMENT; AND (5) YOU WILL NOT USE THE SERVICES, DIRECTLY OR INDIRECTLY FOR ANY FRAUDULENT UNDERTAKINGS IN ANY MANNER, AND YOUR USE OF THE SERVICES WILL BE IN COMPLIANCE WITH THESE TERMS.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES, WHICH (I) REQUIRES THAT YOU AND BRIJ ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE ARBITRATION SECTION.
We may change, modify, add, or remove portions of this Agreement or our Privacy Policy (each, an “Update”) at any time and in our sole discretion upon notice to you, and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above, which shall constitute notice to you. Your continued use of the Services is deemed to confirm your acceptance of the Update. We encourage you to frequently review this Agreement and our Privacy Policy to ensure you understand the latest terms and conditions associated with the use of the Services. If you do not agree to the Update, you must discontinue using the Services.
2.1 Brand
For purposes of this Agreement, a “Brand” is a third-party provider, manufacturer, or seller of certain retail products available for product registration and other features on or through our Services (“Products”). If you use our Services as a purchaser or consumer to register Products that you purchased or acquired from a Brand, you are a “Consumer” hereunder.
2.2 Services Overview
BRIJ provides a platform to allow Consumers to register or reorder Products they have purchased or acquired directly from Brands or a third-party retailer, connect and interact with Brands, access information about their Products, and access other related functions that we may make available.
Please note, BRIJ is an intermediary between Consumers and Brands and is not responsible in any way for the Products that you register with Brands or purchase from Brands through the Services, including, without limitation, any warranty or Product information provided by Brands.
2.3 Registering a Product
When you register a Product through the Services, BRIJ will connect you with the applicable Brand of the Product. To do so, we will share your Account information and engagement activity, including your contact information and Product registration history, with the applicable Product Brand. BRIJ has no control over how such Brands will use your information, which use may include sending you marketing communications. We encourage you to review each Brand’s privacy policy and all other applicable terms before registering a Product.
We will not disclose your information to a Brand unless you register a Product from that Brand. If you do not want us to share your information with a certain Brand, do not register any Products from that Brand. For detailed information about how we share your information, please see our Privacy Policy.
2.4 Intellectual Property
We and our licensors own and retain all proprietary rights in the Services, and in all content, trademarks, trade names, service marks, and all other elements (whether written or otherwise) related thereto (collectively, the “Materials”). You agree not to directly or indirectly sell, copy, modify, transmit, license, publish, create derivative works from, make use of, reproduce, or otherwise make unauthorized use of the Materials without first obtaining our prior written consent. You also agree not to remove, obscure, or otherwise alter any proprietary notices appearing on any Materials.
Additionally, other content, trademarks, tradenames, service marks, and other elements (whether written or otherwise) that may appear on the Services, including from Brands, are the property of their respective owners. You agree not to directly or indirectly sell, copy, modify, transmit, license, publish, create derivative works from, make use of, reproduce, or otherwise make unauthorized use of the same, and further agree not to remove, obscure, or otherwise alter any proprietary notices appearing thereon.
2.5 License
Subject to your compliance with these Terms, BRIJ grants you a limited, non-exclusive license to access and use the Services using a supported web browser or mobile device solely for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. You agree not to use the Services for any other purpose. All rights not expressly granted by BRIJ are reserved.
2.6 Changes to Services
The Services are evolving and may change over time. BRIJ, its affiliates, and its licensors reserve the right to change, suspend, remove, or disable access to the Services or other materials comprising any part of the Services at any time without notice. You agree that BRIJ may suspend or terminate your use of the Services or any portion thereof at any time, for any reason or no reason.
BRIJ may also impose limits on use of or access to certain features or portions of the Services without notice or liability. You agree that BRIJ shall not be liable to you or any third party for any modification, price change, suspension, or termination of the Services. Additionally, you acknowledge that certain features or functionality in the Services are made available by Brands, and BRIJ has no control or responsibility for such features or functionality, nor for any modification, termination, or unavailability of such features or functionality.
2.7 Requirements
Use of the Services requires compatible devices, internet access, and certain software; it may also require periodic updates and may be affected by the performance of these factors. To register Products through Quick Response codes (“QR Codes”), you must have a device that is capable of scanning, and is compatible with, QR Codes. High-speed internet access is also strongly recommended.
The latest version of required software is recommended to access the Services and may be required for certain features and to load Products previously registered through the Services. You agree that meeting these requirements, which may change from time to time, is your responsibility. Although the Services may allow you to register Products with the applicable Brand, no purchase or acquisition of such Products shall be construed to represent or guarantee you access to the Services or any features thereon.
2.8 Feedback
You may provide feedback, ideas, and suggestions to BRIJ (collectively, “Suggestions”). If you provide any Suggestions, you agree that:
2.9 Lost and Stolen Products
Our Services allow you to report that a Product you registered through the Services has been lost or stolen, and allows finders of lost or stolen items to report those items to us as found. If a User reports a found Product, and a User has registered that Product through the Services, we will share contact information of each User with the other so that return of the Product may be discussed and facilitated directly between the Users.
BRIJ's role is solely to exchange contact information between Users and does not include any part of the communication between Users or the return of the Product. We provide this service as a courtesy only and are not responsible for the actions, inactions, or conduct of any Users’ use of this component of the Services. We cannot guarantee that a finder of a lost or stolen Product will return the Product and have no responsibility in connection with lost, stolen, or found Products.
3.1 Responsibility for User Submissions
You are responsible for: (a) all of your User Submissions (as discussed and described below), and (b) making sure that you have all the rights you need to your User Submissions. In addition, you represent and warrant that your User Submissions will not violate any law, the rights of any third party, or these Terms, including, but not limited to, Section 8 “Prohibited Uses” hereof. Without limiting the foregoing, you represent to BRIJ that you have sufficient rights in and to (whether by ownership or by written license from the content owner) your User Submissions through the Services, including corporate logos and other trademarked or proprietary material or designs that you provide.
3.2 User Submissions
You may be able to submit or post certain specific submissions to us or to Brands on or through our Services or Site, including, but not limited to, testimonials, product endorsements (including those relating to the Products), content, comments, questions, opinions, feedback, ideas, Suggestions, or other materials (collectively, “User Submissions”). BRIJ reserves the right (but not the obligation) to remove or edit such User Submissions, at its sole discretion. You agree that BRIJ has no obligation (1) to maintain any User Submission in confidence; (2) to pay compensation for any User Submission; or (3) to respond to any User Submission. You agree not to use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Submission.
3.3 Ownership of User Submissions
You own any User Submission you submit to us or post on our Services or Site. If you do supply a User Submission as part of the Services, you automatically grant to BRIJ, the applicable Brand to whom such User Submission relates (if applicable), its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, in connection with advertising our product and reviews, and advertising Products from Brands.
3.4 Privacy
Our Privacy Policy located at www.brij.it/privacy (“Privacy Policy”), describes our collection, use, and disclosure of data and information in connection with the Services. Our Privacy Policy is expressly incorporated into this Agreement, and by using the Services, you agree to the collection, use, and disclosure practices in our Privacy Policy.
4.1 Brand Product Disclaimer
You acknowledge and agree that Products that you register on our Services are products of third-party Brands, not of BRIJ. You agree that BRIJ is not responsible or liable in any way for such Products or for any related information, services, features, or functions related to such Products, including but not limited to the accuracy of any such information. Any use by you of Products or related information, services, features, or functions provided by Brands through our Services or otherwise is entirely at your own risk and discretion. If you have any issue or problem with a Product, any associated warranty, or need support related to a Product, please contact the Product Brand. You acknowledge and agree that Brands are solely responsible for the Products, and that BRIJ is not and shall not be responsible in any manner for such Products.
4.2 Applicability
You may be able to purchase Products from Brands through the Services. Brands may have their own terms of use and privacy policies that we encourage you to review. PLEASE BE AWARE THAT YOU ARE PURCHASING SUCH PRODUCTS FROM THE BRAND DIRECTLY, AND BRIJ IS NOT A PARTY TO ANY SUCH TRANSACTIONS. You acknowledge and agree that BRIJ is not responsible or liable to you in any way for any Products that you purchase from a Brand or for the transaction itself between you and the Brand.
You may be required to create an account to access certain Services, which will require you to provide us with certain personal information, which may include your name, email address, other contact information, information about Products that you have purchased, and, in some cases, payment information (“Account”). This information will be held and used in accordance with our Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use.
In order to create your Account, you will be required to set a password. You agree that you are responsible for keeping your password confidential and secure and further understand that you are solely responsible and liable for any activities that occur under your Account. We will assume that if your login or payment method is used to access the Services, the User has the legal authority to use such login or payment method.
6.1 Third-Party Tools
We may provide you with access to third-party tools, including from Brands, over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
6.2 Third-Party Links
Certain content, Products, and services available via our Services may include materials from third parties, including Brands. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. The linked sites are not under our control, and we are not responsible for the content available on any websites linked to the Services or for any loss or damage that may arise from your use of them.
In addition to other prohibitions set forth in this Agreement, you are prohibited from using the Services, the Site, or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.
We are not responsible if information made available on our Services or Site, including any information from Brands and information relating to Products, is not accurate, complete, or current. The material on our Services and Site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely sources of information, such as directly from Brands.
Occasionally, there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions. These may relate to:
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information, or cancel orders, if any information in the Services or on any related website is inaccurate at any time without prior notice.
9.1 Disclaimer of Warranties
THE SERVICES, INCLUDING ANY PRODUCTS AND INFORMATION ABOUT SUCH PRODUCTS, AND INFORMATION FROM BRANDS, ARE MADE AVAILABLE “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BRIJ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, BRANDABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. BRIJ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9.2 Limitations; Waivers of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY PRODUCTS THEREON, UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). BRIJ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR ANY PRODUCTS THEREON.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT BRIJ IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BRIJ LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BRANDS, OTHER USERS OF THE SERVICES, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES, PRODUCTS, AND EXTERNAL SITES OR APPLICATIONS AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL BRIJ BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BRIJ IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BRIJ ANY AMOUNTS IN THE ONE HUNDRED EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRIJ IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
9.3 Release
You hereby release and forever discharge us (and our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Services; (ii) any Products; (iii) any interactions with, or act or omission of a Brand; or (iv) any third-party tools, links, or other content.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
INDEMNIFICATION
You agree to indemnify, defend, and hold BRIJ, its affiliates, contractors, employees, agents, and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. BRIJ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BRIJ, and you agree to cooperate with BRIJ’s defense of these claims. BRIJ will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
9.4 Disclaimer of Liability for Test Results
Brij provides a technology platform that enables brands to upload and display food testing results. While we facilitate the uploading and searchability of these results, Brij is not responsible for the accuracy, completeness, or reliability of the testing data uploaded by brands. Brij does not conduct or verify testing and does not make any representations or warranties regarding the accuracy or completeness of any testing results displayed on our platform. All information provided through Brij is for informational purposes only, and users are advised to consult the original sources of testing or other professionals if they have any concerns. Brij disclaims all liability for any inaccuracies, omissions, or errors in the test results or for any actions taken based on the information presented.
You agree to indemnify, defend, and hold BRIJ, its affiliates, contractors, employees, agents, and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. BRIJ reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BRIJ, and you agree to cooperate with BRIJ’s defense of these claims. BRIJ will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You acknowledge and agree that BRIJ has offered the Services and entered into this Agreement in reliance upon the following:
You further acknowledge and agree that these provisions reflect a reasonable and fair allocation of risk between you and BRIJ and that they form an essential basis of the bargain between you and BRIJ. BRIJ would not be able to provide the Services to you on an economically reasonable basis without the foregoing terms.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding.
By using the Services in any manner, you agree to the above arbitration provision. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
To Opt-Out of Arbitration:
You may opt-out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt-out, you must notify us in writing within thirty (30) days after the date that you first became subject to this arbitration provision. The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your BRIJ account to which the opt-out applies, and a clear statement that you want to opt-out of this agreement to arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate.
Send the opt-out notice to:
Attn: Arbitration Opt-Out
BRIJ, Inc.
60 East 9th Street, Suite 626
New York, NY 10003
13.1 Assignment
This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you. BRIJ may at any time, for any reason and without restriction, transfer or assign this Agreement and the obligations contained in this Agreement to a third party.
13.2 Supplemental Policies
BRIJ may publish additional policies related to specific Services, such as applications for mobile devices, games, forums, contests, or loyalty programs. Your right to use such Services is subject to those specific policies and these Terms.
13.3 Entire Agreement
This Agreement, any supplemental policies, and documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and BRIJ and supersede all prior understandings of the parties hereto relating to the subject matter hereof.
13.4 Severability
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13.5 Claims
YOU AND BRIJ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO ANY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13.6 Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
13.7 No Waiver
The failure of BRIJ to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of BRIJ’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by BRIJ of any provision, condition, or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by BRIJ shall be deemed a modification of these Terms, nor be legally binding, unless documented in physical writing and signed by both you and a duly appointed officer of BRIJ.
13.8 Force Majeure
BRIJ shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of BRIJ, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond BRIJ’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
13.9 Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
13.10 Enforcement
BRIJ reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that we have the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Services and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party’s rights).
If you download and/or use our Services from a device made by Apple, Inc. or from Apple’s App Store, this Agreement incorporates by reference the Licensed Application End User License Agreement (the “EULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the mobile application made available through the Services is considered the “Licensed Application” as defined in the EULA, and BRIJ is considered the “Application Provider” as defined in the EULA. If any of the terms of this Agreement conflict with the terms of the EULA, the terms of this Agreement shall control.
15.1 Marketing Messages
The BRIJ SMS messaging program may include periodic marketing messages and special offers delivered by text message.
15.2 Opting Out
You can cancel the SMS service at any time. Just reply "STOP" to cancel. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
15.3 Help Support
If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more assistance, or you can get help directly at support@brij.it.
15.4 Carrier Liability
Carriers are not liable for delayed or undelivered messages.
15.5 Message Rates
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive messages at varying frequencies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
15.6 Privacy
If you have any questions regarding privacy, please read our privacy policy: https://brij.it/privacy-center.
16.1 Subscription Plan
You are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency that you selected (e.g., monthly or annually).
16.2 Payment Methods
By signing up for a Subscription Plan, you must provide accurate and complete information for a valid payment method, such as a credit card or ACH bank transfer, that you are authorized to use. You agree that you authorize us or our agent (e.g., Stripe) to automatically charge your payment method on a recurring basis at the start of each subscription term for (i) the applicable Subscription Plan charges, (ii) any and all applicable taxes, and (iii) any other charges incurred in connection with your use of the Sites, unless:
(a) you terminate your account,
(b) you cancel before the applicable renewal date with the appropriate notice period, calculated in Eastern time,
(c) BRIJ declines to renew your Subscription Plan, or
(d) these Terms are otherwise properly terminated as expressly permitted herein.
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
16.3 Invoicing
Invoices will be issued by BRIJ to the client according to the agreed-upon billing cycle, typically monthly or annually.
16.4 Payment Due Date
Payments are due within 7 days from the date of the invoice. Failure to remit payment within the specified period may result in service interruption or termination at the discretion of BRIJ.
16.5 Taxes
The client is responsible for any applicable taxes, including, but not limited to, sales tax, value-added tax (VAT), or goods and services tax (GST), imposed by relevant authorities.
16.6 Currency
All transactions are conducted in United States Dollars (USD) unless otherwise agreed upon in writing.
16.7 Fee Adjustments
BRIJ reserves the right to adjust pricing and fees upon providing the client with 15 days' prior written notice. Such adjustments will not apply retroactively to invoices already issued.
16.8 Subscription Changes
Clients may request changes to their subscription plan or services by providing written notice to BRIJ. Any changes may result in adjustments to the billing amount, effective from the next billing cycle.
16.9 Disputed Charges
In the event of a billing dispute, the client must notify BRIJ in writing within 30 days of receiving the invoice. Both parties agree to work in good faith to resolve any disputes promptly.
16.10 Cancellation and Refunds
Clients may cancel their subscription with BRIJ by providing written notice 30 days prior to the next billing cycle. Refunds for prepaid services may be issued at the discretion of BRIJ, subject to any applicable terms and conditions outlined in the service agreement.
16.11 Termination
BRIJ reserves the right to suspend or terminate services immediately in the event of non-payment, violation of terms, or misuse of the platform, without liability for any resulting damages or losses.
16.12 Confidentiality
Any financial information shared between BRIJ and the client shall be treated as confidential and will not be disclosed to third parties without prior written consent, except as required by law.
16.13 Governing Law
These payment terms and conditions shall be governed by and construed in accordance with the laws of New York, without regard to its conflict of law provisions.
By proceeding with the use of BRIJ's services, the client acknowledges and agrees to abide by these payment terms and conditions. Any amendments or modifications to these terms must be agreed upon in writing by both parties.
If you have any comments, questions, concerns, or suggestions about these Terms, please contact us at support@brij.it.
Brij Inc
60 East 9th St.
New York, NY 10003
