Effective Date: July 21, 2024

INTRODUCTION

This Terms of Service is a contract entered into by and between You (“you” or “User”) and Bricktime LLC. (“Brick,” “We,” or “us”) and our affiliates, to the extent expressly stated. These terms and conditions (together with our Privacy Policy, the “Terms of Service” or “Terms”) govern your access to and use of joinbrick.com, smasherofodds.com and any other websites operated by Bricktime (“Websites”), our mobile applications (our “Apps”) and any software, application, content, functionality, and services (collectively, the “Services”) offered by Brick, whether as a guest or registered user.

Our Services include, but are not limited to:

1.    Brick: A productivity tool for makers and solopreneurs.

2.    Smasher: An AI business plan generator.

3.    Creator Masterplan: An action plan generator for individuals starting or developing an online creator business.

4.     Sito: A mobile application for maintaining a food and symptoms diary.

Please read the Terms of Service carefully before you start to use or access our Services. By using our Services, you accept and agree to be bound and abide by these Terms. If you do not agree to these Terms of Service you must not access or use our Services.

Your ability to use or access the Apps may be dependent on the third parties, such as Apple's App Store or Google Play store (each an "App Store"), which make the Apps available for download. You acknowledge and agree that your ability to access and download the Apps is governed by the Terms of the App Store, and those Terms may change at the App Store's discretion.

1. AGE RESTRICTIONS

The Websites and Services are intended for users 13 and older. By accessing or using the Services, You represent and warrant that you are at least thirteen (13) years old and that you possess the legal right and ability to enter into this Terms of Service and to use the Services in accordance with these Terms.

2. CHANGES TO TERMS OF SERVICE

We may revise and update these Terms of Service from time to time in our sole discretion by posting a revised version on the Websites. All changes are effective immediately when we post them. Brick may provide reasonable notice of any material changes, determined at our sole discretion, by posting the updated Terms of Service on the Websites. Any revisions to the Terms of Service will take effect on the noted Effective Date, located at the top of these Terms. 

You understand that your continued use of the Services following the Effective Date, means that you accept and agree to be bound by these Terms of Service. If you do not accept the Terms of Service in its entirety, you must not access or use the Services after the Effective Date.

3. SITO- AND UNFILE-SPECIFIC TERMS

Sito-specific Terms

Sito is a non-medical, general wellness application designed for informational and convenience purposes only. By using Sito, you acknowledge and agree that:

1.    Sito is not a medical device or service, and is not intended to diagnose, treat, cure, or prevent any disease or health condition.

2.    The information provided by Sito, including AI-generated analysis, is not a substitute for professional medical advice, diagnosis, or treatment.

3.    You should always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or your health and wellness.

4.    You should never disregard professional medical advice or delay seeking it because of something you have read or learned through Sito.

5.    We are not responsible for any health problems that may result from information, products, or practices you learn about through Sito.

6.    If you think you may have a medical emergency, call your doctor or emergency services immediately.

Unfile-specific Terms

When using our Unfile service, you agree that:

1.    You understand that we do not retain your files or their contents after conversion.

2.    You are responsible for the accuracy and completeness of the converted output.

3.    We are not liable for any loss or damage resulting from the use of the Unfile service.

4.    All file uploads and text downloads occur over encrypted connections to safeguard your data in transit.

5.    The entire conversion process is automated, meaning no human ever sees or has access to your files or their contents.

5. PROHIBITED USES

You may use our Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.

• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• To impersonate or attempt to impersonate Brick, a Brick employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Brick or users of the Services, or expose them to liability.

• Use the Services, particularly Sito, as a substitute for professional medical advice, diagnosis, or treatment.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services, including any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services. 

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Services.

6. AI-GENERATED CONTENT DISCLAIMER

Portions of our Services use artificial intelligence (AI) to generate content, including but not limited to business plans, analysis, and recommendations. You acknowledge and agree that:

1.    AI-generated content may contain errors, inaccuracies, or misleading information.

2.    We do not guarantee the accuracy, completeness, or reliability of any AI-generated content.

3.    You are responsible for verifying and validating any AI-generated content before relying on or using it.

4.    We are not liable for any damages or losses resulting from your use of or reliance on AI-generated content.

5.    AI-generated content should not be considered as professional advice (legal, financial, medical, or otherwise) and should not replace consultation with qualified professionals.

When using our AI-enabled Services, you agree not to use AI in any way that is generally prohibited by AI API providers, including:

·      Illegal activity.

·      Child Sexual Abuse Material or any content that exploits or harms children.

·      Generation of hateful, harassing, or violent content.

·      Generation of malware.

·      Activity that has high risk of physical harm.

·      Activity that has high risk of economic harm.

·      Fraudulent or deceptive activity.

·      Adult content, adult industries, and dating apps.

·      Political campaigning or lobbying.

·      Activity that violates people’s privacy.

·      Engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information.

·      Offering tailored financial advice without a qualified person reviewing the information.

·      Telling someone that they have or do not have a certain health condition, or providing instructions on how to cure or treat a health condition.

·      High risk government decision-making.

7. TERMS OF SERVICE VIOLATIONS AND TERMINATION

Any violation of these Terms of Service shall result in immediate account termination without prior warning to you and without refund applied to your Account. Additionally, any violation of these restrictions may further subject you to liability for violation of Brick's intellectual property rights and further claims and damages. We may choose to suspend or terminate your Account or ability to access or use the Services at any time, for any or no reason, at our sole discretion, and without notice or liability of any kind. You agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity. 

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. You may delete your Account by accessing your Account settings in the Apps or by contacting us at: help@joinbrick.com. 

8. PRIVACY POLICY

Your use of the Services may involve the transmission of your personal information to us. For example, we collect personal information when you register for an Account as described in Section 4 above. Our policies regarding the collection, use, disclosure, and protection of such personal information are governed according to our Privacy Policy, as made available at https://joinbrick.com/privacy.

Please review our Privacy Policy before beginning to use our Services. By using our Services, you have also acknowledged and agreed to our Privacy Policy.

9. INTELLECTUAL PROPERTY RIGHTS

The Services and its entire contents, features, and functionality (including but not limited to the Websites, Apps, software, applications, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Brick, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Brick hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service as set forth in these Terms of Service and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service. Further you must not use the Services for any other purposes intended to benefit a party other than you.

The Brick name, logo, trademarks and all related names, logos, product and service names, designs, and slogans are property of Brick or its affiliates or licensors. You must not use such property without the prior written permission of Brick. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.

10. PURCHASES

Some of our Services may offer premium features or paid access. Some of these premium features are available for purchase on the Apps ("In-App Purchases") through App Store, Google Play or other payment platforms authorized by Brick. In-App Purchases may be purchased as a one-time purchase or on a Subscription basis (explained below). If you choose to make an In-App Purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third-party account such as Google Play or App Store) (your "Payment Method") will be charged at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Brick or the third party account, as applicable, to charge you.

Subscriptions

Our premium features may also be purchased on a subscription model (“Subscription(s)”). If you purchase a Subscription, you will be billed on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly or annual basis, depending on your Subscription choice. You agree that by purchasing a Subscription, the Subscription will automatically renew and you will be charged until you cancel.

At the end of each Billing Cycle, your Subscription will automatically renew for the same price and time period as your initial Subscription terms unless you or Brick cancel your Subscription. How you cancel your subscription will depend on your device. (See “Refunds, and Subscription Cancellations” below).

Subscriptions are processed and managed on behalf of Brick, depending on your device, by either Apple or Google Play. By submitting your Payment Method, you authorize Apple or Google Play to charge all Subscription fees incurred through your Account.

Fee Changes

Brick, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

At any time and without notice, Brick reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds and Subscription Cancellations

Generally, all charges for non-Subscription purchases are nonrefundable. 

If you purchased our Services using your Apple ID, refunds are handled by Apple, not Brick.

·      To request a refund: 1) go to https://reportaproblem.apple.com, 2) sign in with your Apple ID and password, 3) tap or click "I'd like to” and follow the prompts to proceed with a refund.

·      To cancel a Subscription: 1) Open the settings application on your device, 2) tap your name, 3) tap “Subscriptions”, 4) tap the Brick Subscription, 4) tap “Cancel Subscription”. You might need to scroll down to find the Cancel Subscription button.

If you purchased our Services using your Google Play Store account:

·      To request a refund: 1) go to https://support.google.com/googleplay/workflow/9813244 and follow the prompts to proceed with a refund.

·      To cancel a subscription: 1) Open the Google Play app, 2) at the top right, tap the profile icon, 3) tap “Payments & subscriptions”, 4) tap the Brick Subscription.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:

Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing Brick notice via the method stated in Section 21 of these Terms.

11. WARRANTY DISCLAIMER

WE PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SERVICES, ANY CONTENT FROM THE WEBSITES, OR THE SERVER THAT MAKES THIS SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, INCLUDING ANY AI-GENERATED CONTENT, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS RESULTING FROM YOUR RELIANCE ON THE SERVICES OR AI-GENERATED CONTENT.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, INCLUDING ANY MOBILE APPLICATION, WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE SERVICES. IN NO EVENT WILL BRICK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID BRICK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITES OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF OR RELIANCE ON ANY AI-GENERATED CONTENT OR INFORMATION PROVIDED THROUGH OUR SERVICES, INCLUDING BUT NOT LIMITED TO BUSINESS PLANS, ANALYSES, RECOMMENDATIONS, OR ANY INFORMATION RELATED TO HEALTH AND WELLNESS.

13. INDEMNIFICATION

You agree to indemnify and hold Brick, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Services, (ii) any violation of these Terms of Service (including negligent or wrongful conduct) by you, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. In states where the law does not recognize a cap on liability and/or indemnity obligations, you agree to hold harmless Brick and be fully responsible for any loss, liability and/or legal fees that arise from the violation of the Terms of Service herein.

14. GOVERNING LAW

These Terms of Service and any claim arising out of these Terms will be governed by and construed in accordance with the laws of the State of Texas.

15. SURVIVAL

After this Terms of Service terminates, the terms of this agreement that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, payment of fees, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Terms of Service terminates. Without limiting any other provisions of the Terms of Service, the termination of these Terms for any reason will not release you from any obligations incurred prior to termination of the Terms or that thereafter may accrue in respect of any act or omission prior to such termination.

16. ASSIGNABILITY

You may not assign the Terms of Service, or any of its rights or obligations hereunder, without Brick’s prior written consent in the form of a written instrument signed by a duly authorized representative of Brick. Brick may freely assign this Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

17. WAIVER AND SEVERABILITY

No waiver by Brick of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brick to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

18. ACCESS OF THE SITE OUTSIDE THE UNITED STATES

Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

In order to access or use the Websites or Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Websites or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and Websites and your license to use the Services will be immediately revoked.

19. CONSENT TO USE ELECTRONIC RECORDS

In connection with the Terms of Service, you may be entitled to receive certain records from Brick or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.

20. ENTIRE AGREEMENT

This Terms of Service constitutes the sole and entire agreement between you and Brick and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, to the extent they relate in any way to the Services.

21. CONTACT INFORMATION

For questions or concerns related to these Terms, please contact us at: help@joinbrick.com.