Terms of Service

Bric consists of a website and online services provided at getbric.com, including subdomains, that are accessible through a registered account (“Account”) and an application program interface (API) integrating Bric with other web applications (collectively, the “Service”) and that are provided by Yield Workforce Solutions Inc. d/b/a Bric (“Bric”) to the subscriber and permitted users (collectively the “Subscriber”) of this Account.

Your use of the Service is governed by this terms of service agreement including Updates (as defined herein) (the “Terms of Service”) and a privacy policy detailing how Bric uses the information it collects from you (the “Privacy Policy”). You must agree to the Terms of Service and Privacy Policy in order to use the Service.

By using the Service you are agreeing to be bound by the Terms of Service and the Privacy Policy.

1. Updates.

Bric reserves the right, at its sole discretion, to change or modify or to add or remove portions of the Terms of Service or Privacy Policy at any time (“Updates”). Bric agrees to notify you of Updates through a Service message and to make them available at getbric.com. Your continuing to use the Service will be deemed to as acceptance of any Update. Unless Bric states otherwise, Updates are automatically effective thirty (30) days after being posted on getbric.com.

2. Use of Service and Account.

2.1. Your use of the Service and Account is permitted pursuant to, and subject to the’ Subscriber s compliance with, agreements entered into between the Subscriber and Bric related to the Service and Account as well as your compliance with these Terms of Service.

2.2. You agree to not to:

i. modify, reverse engineer, decompile, disassemble, commercially distribute, sublicense, resell or transfer the Service in any way;

ii. damage, harm, modify or otherwise impair the Service or any connected network;

iii. use automation software or any other unauthorized software to modify the Service or the Service experience;

iv. attempt to gain unauthorized access to the Service including, but not limited to, through the use of another Subscriber’s Account or through any method not provided by or approved by Bric;

v. infringe or violate the right of a third party including but not limited to: (1) contractual rights; (2) copyright, patent, trademark or trade secret; (3) privacy rights; (4) publicity rights; or (5) confidential information; or

vi. encourage or engage in illegal activities.

3. Accessing the Service.

3.1. Access to the Service requires hardware including, but not limited to, a computer or mobile device and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Service. You agree that you are responsible for any fees incurred by you when accessing the Service through an Internet connection.

3.2. Access to the Service requires that you obtain permission to access the Account, provided by Bric to the Subscriber, and which access includes a username and password (“Login Information”). You are solely responsible for keeping Login Information confidential and agree to be bound by any use of Login Information, including any purchases and whether or not you authorized such use of Login Information. If you become aware, or reasonably suspect, unauthorized use of the Account, you must immediately change the password that is part of the Login Information. Any questions concerning unauthorized use of the Account may be emailed to Bric at support@getbric.com.

4. Third Party Services.

The Service may allow you to integrate with third-party services that are not provided by Bric but that enhance the overall functionality of the Service (“Third Party Services”). The Terms of Service does not grant you any license, right, title or interest in Third Party Services. Use of Third Party Services may require you to enter into agreements between you and a third party. It is up to you to determine whether to agree to the terms of any Third Party Services agreement. Integration of Third Party Services is contingent upon third parties permitting Bric and the Service to integrate with their respective Third Party Services and such permission and/or integration may end at any time without notice. BRIC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SERVICES OR THE CONTINUED AVAILABILITY OF THE SERVICE’S INTEGRATION WITH THIRD PARTY SERVICES. YOU AGREE THAT BRIC WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THIRD PARTY SERVICES.

5. Customer Content.

Customer Content includes any data, personal or anonymous, including, but not limited to, text, images, user metrics or any other information that the Subscriber or other users submit or create while using the Service or Third Party Services (“Customer Content”). By providing Customer Content you represent and warrant that you have all consents, licenses and rights necessary to license Customer Content to Bric for such purposes contained herein and hereby grant to Bric a perpetual, fully-paid, royalty-free, fully sublicensable and assignable, non-exclusive, worldwide license to Customer Content under all copyright, patent, trademark and trade secret rights and any other intellectual or industrial property rights you own or control for the limited purposes of providing the Service to you, such as displaying and transmitting Customer Content on or through the Service, and for such purposes as outlined in the Privacy Policy.

6. Bric Ownership Rights.

Bric retains all right, title and interest in the Service including, but not limited to, computer code, documents and documentation, copyrights, patents, trademarks, trade secrets, trade names and methods of operation. You hereby acknowledge that no title or ownership interest in the Service is transferred or assigned to you and that the Terms of Service is not a sale of any right to the Service.

7. Security.

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure of Customer Content we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. The Services may use industry standard SSL (secure socket layer) encryption to transfer information.

8. Disclaimer.

THE SERVICE IS PROVIDED “AS IS” AND BRIC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER AND WITHOUT LIMITING THE FOREGOING, BRIC MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY BRIC, ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION. YOU SHALL BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE, INCLUDING RISK OF DATA FAILURE.

9. Indemnification.

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of Bric.

10. Payment Terms.

The free trial offer entitles new, registered Subscriber’s to a thirty (30) day free trial of the Services. All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.

Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the thirty (30) day free trial period ends. The Services are billed in advance on a monthly basis and is non-refundable.

Annual Plan: Payment in advance is required to continue using the Services on an annual basis after the thirty (30) day trial period ends.

11. Cancellation and Termination.

You are solely responsible for the proper cancellation of your Account. You may cancel your Account at any time by going to Company Settings and closing your Account. An email or phone request to cancel your Account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.

In the event of cancellation or termination your Account will be immediately disabled, and your Account and information cannot be recovered once the Account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.

We also reserve the right, but do not have any obligation, to refuse service to anyone and close your Account(s) without notice for any or no reason at all.

12. Governing Law.

This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules.

13. Force Majeure.

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.

14. Severability.

If one or more sections of the Terms of Service are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms of Service will still be valid and enforceable.

15. Assignments.

You may not assign any of your rights under the Account to anyone else. We may assign our rights to any other individual or entity at our discretion.

16. No Waiver.

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

17. Entire Agreement.

These Terms of Service and all documents incorporated into these Terms of Service by reference constitute the entire agreement between you and us and govern your use of Bric, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

18. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR AND WE DISCLAIM LIABILITY TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES RELATED TO YOUR USE OF BRIC AND ANY LINKED SITES AND SERVICES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH BRIC IS TO STOP USING BRIC. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND US. THE PRECEDING DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY, OR INJURIES WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THE TERMS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR ANY OF OUR SERVICES, OUR LIABILITY SHALL NOT EXCEED WHAT YOU PAID US FOR THE SERVICES IN THE PREVIOUS MONTH. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.