TERMS OF SERVICE

THESE TERMS CREATE A BINDING CONTRACT BETWEEN YOU AND BRICK LLC.

IMPORTANT: These Terms contain a mandatory arbitration provision that requires disputes to be resolved through individual arbitration rather than court proceedings or class actions, except where prohibited by law. 

To help you better understand these Terms of Service, we've included straightforward summaries after each section. These summaries are provided for informational purposes only to help explain the legal language in simpler terms. The summaries are not legally binding. Only the full legal text of each section is binding. You should read and understand the complete Terms of Service.

1. ACCEPTANCE AND ELIGIBILITY

1.1 Agreement to Terms. By purchasing, downloading, installing, accessing, or using the Brick hardware device, mobile application, website, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Brick LLC, a Wisconsin limited liability company ("Brick," "we," "us," or "our").

1.2 Eligibility Requirements.

a. Age Requirements. You must be at least 18 years old to independently use the Services, create an account, or enter into these Terms. If you are between 13-17 years old (or the applicable age of digital consent in your jurisdiction), you may only use the Services with the explicit written consent of your parent or legal guardian, who must agree to these Terms on your behalf and accept full responsibility for your use of the Services.

b. Parental Responsibility. By providing consent for a minor to use the Services, parents and guardians agree to: (i) exercise active supervision over the minor's use of the Services; (ii) be fully responsible and liable for the minor's compliance with these Terms; (iii) be responsible for all disclaimers, waivers, and limitations of liability set forth in these Terms on both their own behalf and the minor's behalf; and (iv) ensure all payments and obligations under these Terms.

1.3 Legal Capacity and Authority. You represent and warrant that: (a) you have the legal capacity and authority to enter into this agreement under the laws of your jurisdiction; (b) you are not prohibited from using the Services under any applicable law in your jurisdiction; (c) if you are using the Services on behalf of an organization, you have the authority to bind that organization to these Terms; and (d) all information you provide is accurate and complete.

1.4 Geographic Availability. The Services are available globally, subject to local laws and regulations. You are responsible for ensuring your use of the Services complies with all applicable laws in your jurisdiction. We reserve the right to restrict access to the Services in certain jurisdictions where required by law or regulation.

1.5 Prohibited Users. The Services are not available to: (a) individuals previously suspended or banned from the Services; (b) residents of countries where the Services are prohibited by local law; (c) individuals subject to applicable economic sanctions or export restrictions; or (d) individuals who cannot legally form binding contracts in their jurisdiction.

What this means: You need to be 18+ to use Brick on your own, or have a parent's permission if you're 13-17. By using our device and app, you're agreeing to these terms. Make sure you're legally allowed to use our services where you live.

2. DESCRIPTION OF SERVICES

2.1 Overview of the Brick System. The Brick is an innovative digital wellness solution combining proprietary hardware and software technology designed to help users regain control over their smartphone usage and reduce digital distractions. The system leverages Near Field Communication (NFC) technology to create a physical barrier between users and their most distracting applications, promoting healthier digital habits and improved focus.

2.2 Hardware Component. The physical Brick device is a compact, magnetized NFC-enabled device that communicates with compatible smartphones through proximity-based interaction. The device is designed to remain in a fixed location chosen by the user, creating a physical requirement for users to be present at that location to modify their app-blocking settings.

2.3 Software Application. The Brick mobile application, available for both iOS and Android platforms, serves as the control interface for the system. Through the application, users can:

1. Select and customize which applications to block during “bricked” periods

2. Configure multiple blocking modes for different activities (e.g., work, sleep, family time)

3. Monitor usage statistics including precise tracking of time spent in “bricked” state

4. Access emergency override features with limited-use "emergency unbricks" for urgent situations

5. Manage account settings and device pairing

2.4 Core Functionality. The Services operate through a simple tap-to-activate system:

1. Bricking Process: Users tap their smartphone against the physical Brick device to activate blocking mode, which prevents access to pre-selected applications while maintaining access to essential functions like calls, messages, and navigation

2. Unbricking Process: Users must physically return to the Brick device location and tap again to restore access to blocked applications

3. Emergency Access: The system provides a limited number of emergency override options for urgent situations when physical access to the Brick device is not possible

2.5 Service Components. The Services include:

1. Physical Hardware: The Brick device with magnetic mounting capability and NFC technology

2. Mobile Applications: Native iOS and Android applications with full feature access

3. Cloud Services: Account management, usage analytics, and cross-device synchronization 

4. Customer Support: Technical assistance, troubleshooting, and user guidance e. Software Updates: Regular application updates and feature enhancements 

5. Web Portal: Online account management and settings configuration (where available)

2.6 Compatibility and Requirements. The Services require:

1. Compatible smartphone with NFC capability running supported iOS or Android versions 

2. App store access for downloading and updating the mobile application 

3. User account creation with valid email address for service notifications

2.7 Service Availability. We provide the Services globally, subject to local laws and device compatibility. Certain features may be limited or unavailable in specific jurisdictions due to technical, legal, or regulatory constraints. We reserve the right to modify, suspend, or discontinue any aspect of the Services with reasonable notice to users where practicable.

2.8 Beta and Experimental Features. From time to time, we may offer beta, experimental, or early-access features as part of the Services. These features are provided on an “as-is” basis with additional disclaimers and may be modified or discontinued without notice.

What this means: Brick is a physical device that works with a mobile app to help you block distracting apps on your phone. You tap the device to "brick" your phone (block apps), and tap again to "unbrick" it (restore access). The system includes the hardware, mobile app, cloud services, and customer support.

3. PROHIBITED USES

3.1 General Prohibition. You agree not to engage in any of the following prohibited activities in connection with your use of the Services:

3.2 Technical Violations and System Interference:

1. Reverse Engineering and Decompilation. You may not copy, distribute, transmit, disassemble, decompile, publicly display, republish, license, sell, or disclose any part of the Services, including the Brick hardware design, mobile application code, or underlying algorithms. You may not determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Services or create derivative works thereof.

2. Security Circumvention. You may not circumvent, disable, damage, or otherwise interfere with security-related features of the Services, including features that prevent or restrict use or copying of any content accessible through the Services. This includes tampering with, reverse-engineering, or hacking the Services, attempting to gain unauthorized access to our systems, networks, or data, or modifying, disabling, or compromising the integrity or performance of the Services.

3. System Overload and Automated Access. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or use any automated system, including "robots," "spiders," "offline readers," or similar automated tools to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period using a conventional browser or mobile application.

4. Interference with Service Operation. You may not interfere with, or attempt to interfere with, the proper working of the Services, attempt to compromise system integrity or security, or decipher any transmissions to or from the servers running the Services.

3.3 Misuse and Fraudulent Activities:

1. Commercial Use Without Authorization. You may not use the Services for any commercial purposes without our express written authorization. This includes reselling, sublicensing, or distributing the Brick hardware or software to third parties.

2. Identity Misrepresentation. You may not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, or hide or attempt to hide your identity. This includes spoofing, phishing, manipulating headers or other identifiers, or falsely implying any sponsorship or association with us or any third party.

3. Data Harvesting and Privacy Violations. You may not collect or harvest any personally identifiable information, including account names, from the Services. You may not use the Services to violate the privacy of others, including publishing or posting other people's personal and confidential information without their express permission.

4. Age and Access Restrictions Bypass. You may not bypass measures we use to prevent or restrict access to or use of the Services, including attempting to bypass any age verification or parental consent mechanisms or providing false or inaccurate information regarding your age or location if requested.

3.4 Harmful and Illegal Content:

1. Malicious Software. You may not upload invalid data, viruses, worms, malware, or other software agents through the Services.

2. Harmful Communications. You may not transmit spam, chain letters, or other unsolicited communications through the Services. You may not use the Services to stalk, harass, or post direct, specific threats of violence against others.

3. Illegal and Objectionable Content. You may not post, upload, share, submit, or otherwise provide content that is deceptive, fraudulent, illegal, obscene, defamatory, threatening, harmful to minors, pornographic, indecent, harassing, hateful, or encourages illegal or tortious conduct. You may not post content that attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition.

3.5 Service Disruption and Interference:

1. User Interference. You may not encourage any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm us or our users or expose Brick or our users to liability.

2. Unauthorized Access Methods. You may not access any content on the Services through any technology or means other than those provided or authorized by Brick.

3.6 Legal and Regulatory Violations:

1. Law Compliance. You may not violate, or promote the violation of, these Terms or any applicable law or regulation, including laws regarding export of data or software, patent, trademark, trade secret, copyright, or other intellectual property rights, or rights of publicity and privacy of others.

2. Intellectual Property Infringement. You may not post, upload, share, submit, or otherwise provide content that infringes our or any third party’s intellectual property rights or any other proprietary or contractual rights.

3.7 Enforcement and Consequences. We reserve the right, but are not obligated, to investigate and take appropriate action against users who violate these prohibited use provisions, including rejecting and/or removing any content, suspending or terminating user accounts, suspending or terminating provision of our Services, and/or reporting violations to law enforcement authorities. We may terminate your access to the Services immediately and without prior notice for violations of these prohibited uses.

What this means: Don't try to hack, reverse-engineer, or break our device or app. Don't use Brick for anything illegal or to hurt other people. We built this to help with digital wellness, so please use it as intended.

4. ACCOUNTS AND SECURITY

4.1 Account Creation and Requirements. To use the Brick hardware device and access its full functionality, you must download the Brick mobile application and create an account with us. The Brick hardware device requires pairing with your account through the mobile application to enable app blocking, usage tracking, and configuration management. When creating your account, you must provide accurate, complete, and current information, including a valid email address for service notifications, account management, and customer support communications. You agree to promptly update your account information if any changes occur to ensure we can contact you regarding your account, the Services, and any important product updates or security notifications.

4.2 Account Security and Password Requirements. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your username, password, and any other authentication information associated with your account. We strongly encourage you to use “strong” passwords that combine upper and lower case letters, numbers, and symbols to protect your account from unauthorized access and to prevent unauthorized pairing of Brick devices to your account. You must not share your account credentials with any third party or authorize any other person to access or use the Services on your behalf, as this could compromise the security of your device settings and usage data.

4.3 Account Activity and Responsibility. You are fully responsible for all activities that occur under your account, whether authorized by you or not, including all device pairings, app blocking configurations, usage data generation, emergency override usage, and any charges incurred through your account. This includes responsibility for any changes made to your blocking preferences, device settings, or account information. You acknowledge that we will treat all actions taken through your account as authorized by you, and you agree to be bound by such actions, including any modifications to your Brick device functionality or service settings.

4.4 Security Breach Notification. You must notify us immediately at hello@getbrick.app if you become aware of any unauthorized access to your account, security breach, compromise of your credentials, unauthorized device pairing, or any other misuse of your account. Prompt notification allows us to take appropriate measures to secure your account, prevent further unauthorized access, and protect the integrity of your Brick device settings and personal usage data.

4.5 Account Suspension and Investigation. We reserve the right to suspend or restrict access to your account if we detect suspicious activity, potential security breaches, violations of these Terms, or unusual device pairing patterns that may indicate account compromise. During any investigation, your access to certain features may be temporarily limited, including the ability to modify device settings or access usage analytics. We will make reasonable efforts to notify you of any account suspension and the reasons for such action, except where doing so would compromise security, violate applicable law, or interfere with an ongoing investigation.

4.6 Third-Party Account Management. If your account was created or is managed by a third party (such as a parent or guardian), that third party may have additional rights regarding your account, including the ability to: (a) manage your account settings and device preferences; (b) reset your password or suspend your account access; (c) view your account usage data, including detailed analytics about when and how your account and Brick device are used; (d) access or control content and settings associated with your account; and (e) modify or restrict your device functionality and app blocking configurations. You acknowledge and agree that such third-party administrators have these rights as part of their relationship with you and may exercise them to monitor compliance with organizational policies or family rules.

4.7 Account Data and Settings Management. You may control your account profile and interaction with the Services by accessing the settings within the Brick mobile application. Through your account settings, you can modify device pairings, adjust app blocking preferences, configure different blocking modes for various activities, view detailed usage statistics and analytics, manage notification preferences, update personal information, and control privacy settings. You are responsible for keeping your account settings current and appropriate for your intended use of the Services and ensuring that your device configurations align with your digital wellness goals.

4.8 Account Termination and Data Retention. You may close your account at any time through the account settings in the mobile application or by contacting customer support at hello@getbrick.app. Upon account closure, your access to cloud-based features will terminate, though your physical Brick device will continue to function with locally stored settings until the device is reset or re-paired with a new account. We may retain certain account information as required by law or for legitimate business purposes, including fraud prevention, customer support, and compliance with legal obligations. Detailed information about our data retention practices and your rights regarding your personal information is available in our Privacy Policy.

4.9 Liability for Unauthorized Use. We will not be liable for any damages, losses, or expenses arising from unauthorized use of your account, including unauthorized device pairings, modified settings, or compromised usage data. You acknowledge that account security depends significantly on your own actions and precautions, and you agree to take reasonable measures to protect your account credentials, monitor your account activity, and notify us promptly of any security concerns or suspicious activity.

What this means: You need to create an account to use your Brick device, and you're responsible for keeping your login info secure. If someone else uses your account, that's on you. Let us know right away if you think your account has been compromised.

5. MOBILE APPLICATION TERMS

5.1 Mobile Application Requirement. To use the Brick hardware device and access its full functionality, you must download and install the Brick mobile application (“Mobile App”) on a compatible smartphone (Android device running version 12.0 or later and iPhone running iOS 16.2 or later). The Brick hardware device cannot function independently and requires the Mobile App for initial setup, device pairing, app blocking configuration, usage tracking, and all core functionality. Without the Mobile App, the physical Brick device will not operate as intended.

5.2 License Grant and Scope. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Mobile App on devices you own or control for personal use only. This license permits you to use the Mobile App solely in connection with your Brick hardware device and for the purposes described in these Terms. You may not use the Mobile App for any commercial purposes without our express written authorization.

5.3 Device Compatibility and Requirements. The Mobile App requires a compatible smartphone with Near Field Communication (NFC) capability running supported versions of iOS or Android operating systems. We do not warrant that the Mobile App will be compatible with all mobile devices or operating system versions. Compatibility requirements may change with software updates, and older devices may lose compatibility over time. You are responsible for ensuring your device meets the minimum system requirements for proper operation of the Mobile App and Brick hardware integration.

5.4 App Store Terms and Third-Party Beneficiaries. When you download the Mobile App from the Apple App Store, Google Play Store, or other app distribution platform (“App Store”), you acknowledge and agree that:

1. Direct Relationship. These Terms are concluded between you and Brick LLC, not with the App Store, and we (not the App Store) are solely responsible for the Mobile App and its content;

2. App Store Limitations. The App Store has no obligation to furnish maintenance and support services with respect to the Mobile App or handle any warranty claims;

3. Claim Responsibility. The App Store is not responsible for addressing any claims relating to the Mobile App, including product liability claims, consumer protection claims, intellectual property infringement claims, or claims that the Mobile App fails to conform to applicable legal or regulatory requirements;

4. Third-Party Beneficiary Rights. The App Store is a third-party beneficiary of these Terms and has the right to enforce these Terms against you as they relate to your license of the Mobile App through their platform;

5. App Store Compliance. You must comply with the applicable App Store’s terms of service when using the Mobile App.

5.5 Automatic Updates and Version Management. You acknowledge and consent that we may from time to time issue upgraded versions of the Mobile App and may automatically electronically upgrade the version of the Mobile App installed on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. Automatic updates may include security patches, bug fixes, feature enhancements, and compatibility improvements necessary for proper Brick hardware functionality. You may disable automatic updates through your device settings, but doing so may impair the functionality of your Brick device or create security vulnerabilities.

5.6 Mobile App Restrictions. In addition to the general prohibited uses set forth in Section 3, you specifically agree not to:

1. Reverse Engineering. Modify, disassemble, decompile, or reverse engineer the Mobile App, except to the extent that such restriction is expressly prohibited by applicable law

2. Distribution and Transfer. Rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile App to any third party or use the Mobile App to provide time sharing or similar services for any third party

3. Unauthorized Copying. Make any copies of the Mobile App beyond those automatically created during normal installation and backup processes

4. Security Interference. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App

5. Copyright Notice Removal. Delete or modify copyright and other proprietary rights notices on the Mobile App

5.7 Data Usage and Connectivity. The Mobile App requires internet connectivity for account management, cloud synchronization, software updates, and certain features. You are responsible for all mobile data usage resulting from use of the Mobile App and should consult your mobile service provider regarding data rate charges and limits that may apply. We are not responsible for any charges incurred through your mobile service provider in connection with your use of the Mobile App.

5.8 Third-Party Code and Open Source. The Mobile App may incorporate third-party code that is covered by applicable open source or third-party license agreements. Your use of such third-party code is governed by the respective license terms, which may grant you additional rights or impose additional restrictions beyond these Terms.

5.9 Ownership and Reservation of Rights. The license granted in this Section 5 is not a sale of the Mobile App or any copy thereof. We and our third-party partners and suppliers retain all right, title, and interest in the Mobile App, including all intellectual property rights. We reserve all rights not expressly granted under these Terms. Any attempt by you to transfer any of the rights, duties, or obligations under this license, except as expressly provided in these Terms, is void.

5.10 Mobile App Termination. This license terminates automatically if you violate any of these Terms. Upon termination, you must cease all use of the Mobile App and delete all copies from your devices. The termination of your Mobile App license will also terminate your ability to use the Brick hardware device, as the hardware requires the Mobile App for all functionality.

What this means: Your device won't work without our mobile app, they're designed to work together. You can only use the app for personal use, and we might update it automatically to keep everything working smoothly. The app stores (Apple, Google) have their own rules too that you should follow.

6. BILLING AND PAYMENTS

6.1 Current Payment Structure. Currently, the Services are provided through a one-time purchase model where you pay only for the physical Brick hardware device. The mobile application and associated cloud services are provided at no additional charge as part of your hardware purchase. There are no recurring subscription fees, monthly charges, or ongoing payment obligations under the current service model.

6.2 Hardware Purchase Authorization. By purchasing a Brick device, you authorize us to charge your designated payment method for the full purchase price of the hardware, including any applicable taxes, shipping costs, and handling fees. You represent and warrant that you have the legal right to use the payment method provided and that all payment information you submit is accurate, complete, and current.

6.3 Payment Processing and Timing. We may process payment for your Brick device: (a) at the time of order placement; (b) upon order confirmation and inventory allocation; (c) at the time of shipment; or (d) through any combination of these methods as determined by our payment processing systems. Payment authorization may include temporary holds or pre-authorization charges to verify your payment method validity.

6.4 Accepted Payment Methods. We accept major credit cards, debit cards, and other payment methods as displayed during the checkout process. Payment processing is handled through secure third-party payment processors, and you agree to comply with their terms of service. We reserve the right to modify accepted payment methods or decline certain payment types at our discretion.

6.5 Failed Payments and Order Cancellation. If payment authorization fails or is declined, we will notify you promptly and provide an opportunity to update your payment information. You have seven (7) days from notification to provide valid payment information before we may cancel your order. If payment cannot be processed after multiple attempts, your order will be automatically cancelled, and any temporary authorization holds will be released according to your financial institution's policies.

6.6 Pricing and Price Changes. All prices are listed in U.S. dollars and are subject to change without notice. However, price changes will not affect orders that have already been confirmed and paid. We will endeavor to provide reasonable advance notice of significant price changes through our website or email notifications to registered users.

6.7 Taxes and Additional Charges. You are responsible for all applicable taxes, duties, customs fees, and other governmental charges related to your purchase and delivery of Brick hardware. For international orders, additional customs duties, import taxes, or handling fees may apply and are your sole responsibility. We are not responsible for any additional charges imposed by customs authorities, shipping carriers, or other third parties.

6.8 Currency and International Transactions. Prices are displayed and charged in U.S. dollars. If your payment method uses a different currency, your financial institution will handle currency conversion and may impose additional fees. We are not responsible for currency conversion rates, international transaction fees, or related charges imposed by your bank or payment provider.

6.9 Future Subscription Services. We reserve the right to introduce subscription-based services, premium features, or recurring payment options in the future. Any such subscription services will be offered on an opt-in basis with clear pricing, billing terms, and cancellation procedures. 

6.10 Billing Disputes and Chargebacks. If you dispute a charge or initiate a chargeback with your payment provider, you agree to notify us immediately and work with us in good faith to resolve the dispute. Fraudulent chargebacks or payment disputes may result in suspension of your account and Services. We reserve the right to provide evidence to payment processors and financial institutions to contest invalid disputes.

6.11 Promotional Pricing and Discounts. We may offer promotional pricing, discount codes, or special offers from time to time. Promotional offers are subject to specific terms and conditions, may have limited availability, and cannot be combined with other offers unless explicitly stated. Promotional pricing applies only to the hardware purchase price and does not affect shipping, taxes, or other fees.

6.12 Business and Volume Purchases. For business customers or volume purchases, special pricing and payment terms may be available. Contact our team for information about enterprise pricing, purchase orders, invoicing options, and bulk order discounts. Business purchases may be subject to additional terms and verification requirements.

What this means: Right now, you just pay once for the Brick device and get everything else for free. We might add subscription features later, but your current device will keep working. If your payment doesn't go through, we'll give you a week to fix it.

7. REFUNDS AND RETURNS

7.1  30-Day Money-Back Guarantee

7.1.1 Satisfaction Guarantee. We stand behind the quality and effectiveness of our Brick hardware devices with an enhanced satisfaction guarantee. If you are not completely satisfied with your Brick purchase for any reason, you may return it within thirty (30) days of delivery for a full refund of the purchase price. This guarantee applies to all Brick hardware devices purchased directly from us through our website or authorized retailers.

7.1.2 Return Requirements. To qualify for our 30-day money-back guarantee:

1. Return Window: You must initiate the return process within 30 days of the delivery date shown in your shipping confirmation

2. Product Condition: The Brick device must be in its original condition and packaging with normal wear and tear acceptable

3. Included Items: Any accessories or included items must be returned as well

4. Return Authorization: Contact our customer support at hello@getbrick.app to obtain a return authorization number before shipping

7.1.3 Return Process and Refunds. Upon receipt and inspection of your returned device, we will process your refund within seven (7) business days. Refunds will be issued to the original payment method used for purchase. You will receive email confirmation once your refund has been processed. We will provide you a prepaid return shipping label for returns.

7.2 European Union Consumer Rights (14-Day Cooling-Off Period)

7.2.1 EU Consumer Withdrawal Rights. If you are a consumer based in the European Union, European Economic Area, or United Kingdom, you have an automatic legal right to withdraw from your purchase contract within fourteen (14) days from the date you receive your Brick device, without giving any reason.

7.2.2 How to Exercise Withdrawal Rights. To exercise your right of withdrawal, you must inform us of your decision by sending a clear statement to hello@getbrick.app before the 14-day period expires. The subject line of your email should include “Exercise of Right to Withdrawal”.

7.2.3 Withdrawal Effects and Refunds. If you withdraw from your purchase, we will reimburse all payments received from you, including standard delivery costs, within fourteen (14) days of receiving your withdrawal notice. You must return the Brick device within 14 days of communicating your withdrawal. You will bear the direct cost of returning the goods, and you are only liable for any diminished value resulting from handling beyond what is necessary to establish the nature and functioning of the device.

7.3 Return Process and Requirements

7.3.1 Initiating Returns. To return your Brick device:

1. Contact Customer Support: Email hello@getbrick.app with your order number, reason for return, and preferred refund method

2. Return Authorization: We will provide a return authorization number and detailed return instructions within two (2) business days

3. Package Securely: Pack the device securely to prevent damage during transit

4. Ship Promptly: Send the package using a trackable shipping method within the specified timeframe

7.4.2 Return Shipping Costs. Return shipping costs are handled as follows:

1. Customers: Brick will provide a prepaid return shipping label for all returns.

2. EU/EEA/UK Customers: Customers bear the direct cost of returning goods under EU withdrawal rights

3. Defective Products: We will cover all return shipping costs for defective or damaged products regardless of customer location

7.4.3 Inspection and Processing. Upon receiving your returned device, we will inspect it within three (3) business days to verify the device is in working condition with normal wear acceptable.

7.5 What We Refund

7.5.1 Eligible Refunds. For qualifying returns, refunds include:

1. Hardware Purchase Price: Full purchase price of the Brick device

2. Standard Shipping Costs: Original standard shipping charges (expedited shipping premiums are not refundable) 

3. Applicable Taxes: Any taxes paid on the original purchase

7.5.2 Non-Refundable Items. The following are not eligible for refund:

1. Digital Services: Account setup, cloud storage, or software licensing fees (when introduced)

2. Expedited Shipping: Premium shipping charges beyond standard delivery

3. Third-Party Purchases: Devices purchased through unauthorized retailers or third-party marketplaces

4. Damaged Returns: Devices damaged due to misuse, abuse, or negligence beyond normal wear and tear

7.6 Refund Timeline

7.6.1 Processing Schedule. Refunds are processed according to the following schedule:

a. Inspection: 1-3 business days after we receive your returned device b. Processing: 5-7 business days for refund to be initiated c. Bank Processing: 3-10 business days for funds to appear in your account (varies by financial institution)

7.7 Exchanges and Defective Products

7.7.1 Product Exchanges. We do not offer direct product exchanges. If you wish to exchange your Brick device for a different model or color, you must return your current device for a refund (if eligible) and place a new order.

7.7.2 Defective Product Replacement. If your Brick device is defective or damaged upon arrival:

1. Immediate Contact: Contact hello@getbrick.app within seven (7) days of delivery

2. Global Coverage: Defective product claims are processed for customers worldwide

3. Expedited Processing: Defective product claims are processed within 24-48 hours

4. Free Replacement Shipping: We will cover all shipping costs for replacement devices regardless of customer location

5. No Fees: Defective products are not subject to any restocking fees or deductions

7.8 Contact Information for Returns

Primary Contact: hello@getbrick.app
Business Hours: Monday-Friday, 9:00 AM - 5:00 PM Central Time

Note: Always obtain a return authorization number before shipping any products to ensure proper processing and tracking.

What this means: Customers get 30 days to return their Brick for any reason and get a full refund. If your device is defective, we'll replace it for free. 

8. INTELLECTUAL PROPERTY

8.1 Brick’s Proprietary Rights. All intellectual property rights in and to the Services, including but not limited to the Brick hardware device design, mobile application software, algorithms, user interface, website content, trademarks, service marks, trade names, logos, copyrights, patents, trade secrets, proprietary technology, know-how, and all other intellectual property embodied in or related to the Services (collectively, “Company Content”), are and shall remain the exclusive property of Brick LLC and our licensors. This includes all hardware designs, NFC technology implementations, software code, user interfaces, branding elements, and the overall “look and feel” of the Services.

8.2 Scope of License Granted to Users. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your personal, non-commercial use and in accordance with these Terms. This license does not grant you any ownership rights in the Company Content or any right to use our intellectual property for any purpose other than accessing and using the Services as intended. We reserve all rights not expressly granted to you under these Terms.

8.3 Restrictions on Use of Company Content. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Company Content. You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or methods embodied in the Brick hardware or software components. Use of the Company Content for any purpose not expressly permitted by these Terms is strictly prohibited and may result in immediate termination of your access to the Services.

8.4 User-Generated Content and Feedback.

1. User Content License. If you submit, upload, or otherwise provide any content, information, suggestions, feedback, or ideas related to the Services (“User Content”), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, publish, distribute, and display such User Content in connection with operating, developing, marketing, and improving the Services. This includes the right to use your feedback to enhance the Brick hardware design, software functionality, or overall user experience.

2. Feedback and Ideas. Any feedback, suggestions, ideas, or recommendations you provide about the Services become our property and may be used without compensation to you. By submitting feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that we are free to use the feedback for any purpose without any obligation to you. You further acknowledge that we may have similar ideas in development or may receive similar feedback from other sources.

3. User Content Representations. You represent and warrant that any User Content you provide: (i) does not infringe any third-party intellectual property rights; (ii) you have all necessary rights to grant the license described above; and (iii) complies with all applicable laws and these Terms.

8.5 Usage Analytics and Data. While you retain ownership of your personal information as described in our Privacy Policy, we own all rights to aggregated, anonymized usage data and analytics derived from your use of the Services. This includes patterns of app blocking behavior, usage statistics, and other insights that do not identify you personally. We may use this data to improve the Services, develop new features, and for other business purposes.

8.6 Third-Party Intellectual Property. The Services may incorporate or reference third-party intellectual property, including open-source software components, licensed technologies, or third-party trademarks. Your use of such third-party intellectual property is governed by the applicable third-party license terms, which may grant you additional rights or impose additional restrictions beyond these Terms. We make no representations or warranties regarding third-party intellectual property incorporated into the Services.

8.7 Trademark Rights. “Brick,” the Brick logo, and other Brick trademarks, service marks, and trade names are proprietary to Brick LLC. You may not use our trademarks, logos, or trade names without our express written permission. Any unauthorized use of our trademarks may constitute trademark infringement and unfair competition in violation of applicable laws.

8.8 Digital Millennium Copyright Act (DMCA) Compliance. We respect the intellectual property rights of others and expect our users to do the same. If you believe that content available through the Services infringes your copyright, you may submit a DMCA takedown notice to our designated copyright agent at hello@getbrick.app.

8.9 Counter-Notification Process. If you believe that content you posted was removed in error due to a DMCA takedown notice, you may submit a counter-notification to hello@getbrick.app. Counter-notifications must include the same level of detail as takedown notices and will be processed in accordance with DMCA procedures.

8.10 Intellectual Property Infringement Claims. We reserve the right to investigate and take appropriate action against users who infringe intellectual property rights, including removing infringing content, suspending or terminating user accounts, and cooperating with law enforcement authorities. Repeat infringers may have their accounts permanently terminated.

8.11 Survival of Intellectual Property Rights. All intellectual property rights and restrictions set forth in this Section 8 shall survive termination of these Terms and your access to the Services. Upon termination, you must cease all use of Company Content and destroy any copies in your possession or control.

What this means: We own the Brick design, app, and technology, you're just getting permission to use it. If you send us feedback or ideas, we can use them to improve Brick. Don't copy our stuff or use our logo without our permission.

9. PRIVACY AND COMMUNICATIONS

9.1 Privacy Policy Integration. Our collection, use, storage, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and forms an integral part of this agreement. By using the Services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your personal information as described therein, including device data, usage analytics, and account information necessary for the proper functioning of your Brick device and associated cloud services.

9.2 Electronic Communications Consent. By creating an account or purchasing Brick hardware, you understand and consent that we may send you communications regarding the Services via electronic mail to the email address you provided during registration. These electronic communications may include:

1. Service-Related Notices: Account notifications, security alerts, software updates, device pairing confirmations, usage reports, and other information necessary for the operation of your Brick device and Services;

2. Mandatory Legal Communications: Privacy policy updates, terms of service changes, billing notifications, and other information required by law to be provided to you;

3. Product Updates: Information about new features, software improvements, compatibility updates, and enhancements to the Brick system;

4. Customer Support: Responses to your inquiries, troubleshooting assistance, warranty information, and technical support communications; and

5. Promotional Materials: Marketing communications about Brick products, special offers, company news, and related digital wellness content (subject to your opt-out preferences).

9.3 Promotional Communications and Opt-Out Rights. We provide you with the opportunity to opt out of receiving promotional electronic communications by following the unsubscribe instructions provided in each promotional message or by updating your communication preferences in your account settings. However, you cannot opt out of receiving mandatory service notices, security alerts, legal notifications, or other communications necessary for the proper functioning of the Services or required by law.

9.4 Mandatory Electronic Communications. You consent to receive mandatory notices about the Services and information required by law in electronic form via email at the address you specified when you created your account. Mandatory or required notices emailed to you will be deemed given and received when the email is sent to your registered email address, regardless of whether you actually receive or read the email. If you do not consent to receive mandatory or required notices electronically, you must stop using the Services, as electronic communication is essential for account management, security notifications, and legal compliance.

9.5 SMS/Text Messaging Services. We may offer optional SMS/text messaging services for account notifications, security alerts, or promotional communications. By opting into text messaging services, you:

1. Consent to Automated Messages: Agree to receive SMS/text messages that may be sent using automatic telephone dialing systems

2. Verify Phone Number Accuracy: Certify that the mobile number you provided is accurate and that you are authorized to receive text messages at that number

3. Accept Carrier Charges: Acknowledge that standard message and data rates apply according to your mobile service plan

4. Understand Frequency Variations: Acknowledge that message frequency may vary based on your account activity and preferences

5. Accept Carrier Limitations: Understand that the service may not be available on all carriers or compatible with all mobile devices

9.6 Text Message Management and Opt-Out. For text messaging services, you may:

1. Request Help: Reply "HELP" to any text message for assistance information

2. Unsubscribe: Reply "STOP" to any text message to unsubscribe from all text communications

3. Confirmation Message: Receive one final confirmation text after unsubscribing

4. Email Management: Manage text preferences or resubscribe by contacting hello@getbrick.app

5. Emergency Considerations: Understand that opting out may prevent important account security or service notifications

9.7 International Communications Compliance. For users in jurisdictions requiring opt-in consent for promotional communications, we will provide clear opportunities to provide such consent before sending any non-service-related messaging. We comply with applicable anti-spam laws and regulations in all jurisdictions where we operate, including CAN-SPAM Act (United States), GDPR (European Union), CASL (Canada), and other relevant privacy and communications regulations.

9.8 Communication Security and Limitations. While we implement reasonable security measures for our communications, you acknowledge that:

1. Email Security: Email communications may not be secure, and you should not include sensitive payment information, passwords, or other confidential data in email correspondence with us

2. Delivery Limitations: We are not responsible for email delivery failures, spam filtering, or other technical issues that may prevent you from receiving our communications

3. Third-Party Services: Communications may be processed through third-party email and messaging services, which are subject to their own terms and privacy policies

4. Network Dependencies: Text messaging and email services depend on third-party telecommunications networks and internet service providers

9.9 Communication Preferences Management. You may manage your communication preferences through:

1. Account Settings: Accessing communication preferences in your Brick mobile application or online account dashboard;

2. Email Preferences: Using unsubscribe links in promotional emails or contacting customer support;

3. Customer Support: Emailing support@getbrick.app with specific communication preference requests;

4. Account Updates: Ensuring your contact information remains current to receive important service communications.

9.10 Data Usage and Mobile Charges. You are responsible for any mobile data usage or charges resulting from receiving electronic communications, downloading software updates, or using cloud-based features of the Services. We recommend consulting with your mobile service provider regarding data plans, international roaming charges, and messaging rates that may apply to your use of the Services and receipt of our communications.

What this means: We'll send you important emails about your account and device, plus optional marketing stuff you can unsubscribe from. Our Privacy Policy explains how we handle your data. You can manage your communication preferences in the app.

10. DISCLAIMERS AND WARRANTIES

10.1 Brick Hardware Manufacturer Guarantee. We stand behind the quality and functionality of our Brick hardware devices. If your Brick device stops functioning properly due to manufacturing defects or hardware failure at any point during normal use, we will provide a replacement device at no charge to you. This manufacturer guarantee covers defects in materials and workmanship but does not cover damage resulting from misuse, abuse, accidents, normal wear and tear, or modifications to the device.

10.2 Manufacturer Guarantee Process. To claim a replacement under our manufacturer guarantee:

1. Contact Support: Email hello@getbrick.app with a description of the functionality issue and your order information

2. Troubleshooting: We may provide troubleshooting steps to resolve software-related issues before determining hardware replacement is necessary

3. Replacement Authorization: If hardware replacement is warranted, we will provide replacement shipping instructions within two (2) business days

4. Return Requirements: You may be required to return the defective device using a prepaid shipping label we provide;

5. Replacement Timeline: Replacement devices will be shipped within five (5) business days of receiving your defective device or replacement authorization.

10.3 General Service Disclaimers. If the law of the country where you live does not allow for the disclaimer of certain warranties provided in this Section, those disclaimers shall not apply to you to the extent prohibited.

10.4 "As Is" and "As Available" Basis. Except for the manufacturer guarantee set forth above, the Services are provided on an "as is" and "as available" basis. Use of the Services is at your own risk. To the maximum extent permitted by applicable law, we disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, privacy, security, accuracy, timeliness, quality, or non-infringement.

10.5 No Guarantee of Functionality. We do not warrant that the Services will be uninterrupted, error-free, secure, or meet your specific requirements. We do not warrant that: (i) the Services will be available at any particular time or location; (ii) any defects or errors in the software will be corrected; (iii) the Services are free of viruses or other harmful components; or (iv) the results obtained from use of the Services will be accurate or reliable.

10.6 Data Loss and Device Compatibility. We are not responsible for any damage or loss of data that may result from using the Brick device or Services. We do not warrant that the mobile application will be compatible with all mobile devices or operating system versions, and compatibility requirements may change with software updates.

10.7 Beta and Experimental Features. From time to time, we may offer beta, experimental, or early-access features as part of the Services. These features are provided on an "as is" basis with additional disclaimers and may contain bugs, errors, and other problems. We are not obligated to provide maintenance, technical support, or continued availability for beta features, and may discontinue them at any time without notice.

10.8 Third-Party Services and Content. We do not warrant, endorse, guarantee, or assume responsibility for any third-party services, applications, or content that may integrate with or be accessible through the Services. This includes app stores, payment processors, and any third-party applications that you choose to block or unblock using the Brick device.

10.9 Network and Connectivity Dependencies. The Services depend on internet connectivity, mobile networks, NFC technology, and third-party infrastructure that are beyond our control. We do not warrant uninterrupted connectivity or guarantee that network-dependent features will always be available.

10.10 Consumer Rights Preservation. Nothing in this agreement shall affect your statutory rights as a consumer. This agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations in this agreement will not apply to the extent prohibited by applicable law.

10.11 No Professional Advice. The Services are designed for digital wellness and productivity purposes only. Any information provided through the Services is for informational purposes only and should not be construed as professional advice. You should seek independent professional advice for any specific concerns or requirements.

What this means: If your Brick device breaks due to a manufacturing defect, we'll replace it for free. Otherwise, we can't guarantee everything will work all the time. Technology isn't perfect, but we'll do our best to help when things go wrong

11. LIMITATION OF LIABILITY

11.1 Consumer Rights Preservation. If the law of the country where you live does not allow for the limitation of certain liabilities provided in this Section, those limitations shall not apply to you to the extent prohibited. This agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

11.2 Exclusions from Limitation. Nothing in this agreement is intended to exclude or limit Brick's liability for: (i) death or personal injury caused by our gross negligence; (ii) fraud or fraudulent misrepresentation; (iii) any other liability which cannot be validly excluded or limited by law; or (iv) our obligations under the manufacturer guarantee set forth in Section 10.1.

11.3 General Limitation of Liability. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Brick has been advised of the possibility of such damage. To the maximum extent permitted by applicable law, in no event shall Brick, our affiliates, directors, employees, suppliers, or licensors be liable to you for any losses that were not caused by our breach of this agreement or any loss or damage arising out of this agreement that was not, at the time you entered into this agreement, a reasonably foreseeable consequence of our breach.

11.4 Exclusion of Consequential Damages. To the maximum extent permitted by applicable law, in no event shall Brick, our affiliates, directors, employees, suppliers, or licensors be liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages, or for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services. This includes but is not limited to damages arising from:

1. Errors, omissions, mistakes, or inaccuracies from the Services or results obtained from use of the Services, including app blocking functionality, usage analytics, or device performance data;

2. Personal injury, death, or property damage of any nature whatsoever, resulting from your access to or use of our Services, except to the extent caused by our gross negligence;

3. Unauthorized access to or use of our servers and/or any personal information stored therein;

4. Any interruption or cessation of transmission to or from the Services;

5. Any bugs, viruses, trojan horses, or similar malicious code that may be transmitted to or through our Services by any third party;

6. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services;

7. User content or the defamatory, offensive, or illegal conduct of any third party; and/or

8. Any action or inaction of third parties, including app stores, payment processors, or shipping carriers.

11.5 Liability Cap. In no event shall Brick, our affiliates, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Brick in the six (6) months prior to the event giving rise to the liability. For customers who have only purchased hardware without subscription services, this cap shall not be less than the purchase price of your Brick device.

11.6 Hardware-Specific Limitations. Under no circumstances will Brick be responsible for any damage, loss, or injury resulting from:

1. Physical damage to smartphones or other devices caused by normal use of the Brick hardware, except where such damage results from manufacturing defects covered by our manufacturer guarantee;

2. Data loss or corruption on your smartphone or other devices resulting from use of the Brick device or mobile application;

3. Incompatibility issues between the Brick device and your smartphone, mobile operating system, or third-party applications;

4. Failure of app blocking functionality due to smartphone software updates, operating system changes, or third-party app modifications beyond our control;

5. Emergency situations where the Brick device prevents access to critical applications, except as provided through the emergency override features built into the system.

11.7 Third-Party Dependencies. We assume no liability or responsibility for any interruptions, failures, or limitations in the Services that result from:

1. Internet connectivity issues or mobile network failures

2. App store policies or restrictions that affect the availability or functionality of the Brick mobile application

3. Smartphone manufacturer updates that impact NFC functionality or app blocking capabilities;

4. Third-party application changes that affect the Brick's ability to block or monitor specific apps;

5. Payment processor failures or issues with third-party billing systems;

6. Shipping carrier delays, losses, or damages during delivery of Brick hardware.

11.8 Beta and Experimental Features. For any beta, experimental, or early-access features offered as part of the Services, our total liability shall not exceed one hundred dollars ($100 USD), regardless of the nature of the claim or the theory of liability. Beta features are provided on an "as is" basis with additional disclaimers and may be discontinued at any time without notice.

11.9 Time Limitation for Claims. All legal actions arising with respect to the Services shall, unless prohibited by applicable law, be barred unless written notice thereof is received by Brick at hello@getbrick.app within one (1) year from the date of the event giving rise to such legal action.

11.10 Geographic and Jurisdictional Variations. The Services are controlled and operated from facilities in the United States and are available for use globally as explicitly identified in this agreement. Those who access or use the Services from jurisdictions outside the United States do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations. We make no representations that the Services are appropriate or available for use in all locations.

11.11 Force Majeure. We shall not be liable for any failure or delay in performance under this agreement which is due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott, or other similar events beyond our reasonable control. In such events, we will use reasonable efforts to minimize any resulting delay or failure to perform.

11.12 Survival of Limitations. The limitations of liability set forth in this Section 11 shall survive termination of this agreement and your access to the Services, and shall apply to all claims arising from or related to your use of the Services, regardless of when such claims arise or are asserted.

What this means: If something goes wrong with Brick, the most we'd owe you is what you paid for your device. We're not responsible for things outside our control like your phone's software updates or internet outages. We can't be liable for indirect damages or lost profits.

12. INDEMNIFICATION

12.1 Geographic Scope and Applicability. This section does not apply to consumers who are resident in the UK, EU, EEA, or any other jurisdiction where this indemnification provision is not allowable under applicable law. To the extent permitted by applicable law, the indemnification obligations set forth in this Section 12 shall apply to users in jurisdictions where such provisions are legally enforceable.

12.2 User Indemnification Obligations. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Brick LLC and our subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, suppliers, and other authorized representatives (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees and court costs), fines, penalties, and settlements arising from or relating to:

1. Your use of the Services, including any data, content, or information transmitted, received, stored, or processed through your use of the Brick device, mobile application, or related services

2. Your violation of these Terms, including without limitation your breach of any representations, warranties, or obligations set forth herein

3. Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, publicity rights, or contractual rights

4. Your violation of any applicable law, rule, or regulation, including but not limited to data protection laws, privacy regulations, export control laws, or consumer protection statutes;

5. Any claim or damages arising from your User Content, feedback, suggestions, or any other information that you submit, upload, or otherwise provide through the Services;

6. Any other party's access and use of the Services with your account credentials, device pairing, or other authentication information, whether authorized or unauthorized;

7. Your misuse of the Brick hardware device, including any damage to third-party property, interference with third-party devices, or use of the device in violation of these Terms;

8. Claims arising from Profile Holders or third-party users associated with your account, including any actions taken by individuals you have authorized to use your Brick device or account.

12.3 Indemnification Process and Cooperation. Your indemnification obligations are subject to the following conditions:

1. Prompt Notice: The Indemnified Parties will provide you with prompt written notice of any claim for which indemnification is sought, provided that failure to provide such notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure

2. Control of Defense: You will have the right to control the defense and settlement of any such claim, provided that you may not settle any claim without the prior written consent of the affected Indemnified Party if such settlement would impose any obligation on, or admit any liability of, the Indemnified Party

3. Cooperation: The Indemnified Parties will reasonably cooperate with you in the defense of any such claim at your expense

4. Right to Participate: The Indemnified Parties reserve the right to participate in the defense of any claim with counsel of their choice at their own expense

12.4 Limitations on Indemnification. Your indemnification obligations under this Section 12 shall not apply to the extent that any claim, damage, or loss results from:

1. Our gross negligence or willful misconduct in the design, manufacture, or operation of the Brick hardware or software;

2. Our material breach of these Terms or our Privacy Policy;

3. Defects in the Brick hardware that are covered by our manufacturer guarantee and that we fail to remedy in accordance with the guarantee terms;

4. Our violation of applicable law in the provision of the Services.

12.5 Mitigation of Damages. You acknowledge that the Indemnified Parties will use reasonable efforts to mitigate any damages for which you may be liable under this indemnification provision. However, your indemnification obligations shall not be reduced by any failure of the Indemnified Parties to mitigate damages unless such failure is unreasonable under the circumstances.

12.6 Survival of Indemnification. The indemnification obligations set forth in this Section 12 shall survive termination of this agreement and your access to the Services, and shall continue to apply to any claims arising from your use of the Services prior to such termination.

12.7 Exclusive Remedy. The indemnification provided in this Section 12 is the sole and exclusive remedy available to the Indemnified Parties for third-party claims covered by this provision, except where additional remedies are required by applicable law.

What this means: If you use Brick in a way that gets us sued, you might have to cover our legal costs. This doesn't apply to certain customers depending on where they live or if the lawsuit is because we messed up. Think of it as taking responsibility for how you use our product.

13. DISPUTE RESOLUTION

13.1 Governing Law. These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of laws principles.

13.2 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution. Before initiating any legal proceeding, including arbitration, small claims court, or litigation, you must first send written notice of your claim to Brick LLC at hello@getbrick.app. Similarly, we will send any pre-arbitration notice to the email address currently associated with your account. The notice must include:

1. Claimant Information: Your name, address, and email address

2. Claim Description: A detailed description of the nature and basis of the claim

3. Relevant Facts: All relevant facts giving rise to the nature and basis of the claim

4. Relief Sought: A description of the specific relief sought, including any damages claimed and a detailed calculation thereof

5. Personal Verification: A personally signed statement from you (not solely from counsel) verifying the accuracy of the notice contents.

13.3 Good Faith Resolution Period. After receipt of a completed pre-arbitration notice, both parties shall engage in a good-faith effort to resolve the claim for a period of sixty (60) days, which may be extended by mutual agreement. During this period, either party may request an individualized video settlement conference, and both parties agree to personally attend such conference (with counsel invited to attend if represented). If informal resolution fails after the 60-day period, either party may proceed with arbitration or other permitted legal action.

13.4 Binding Arbitration. Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved through the informal dispute resolution process shall be resolved through final and binding arbitration rather than in court. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.5 Arbitration Procedures and Location. The seat of arbitration shall be Chicago, Illinois, United States. For claims seeking $15,000 or less, the arbitration hearing may be conducted via videoconference at the option of either party. For larger claims, the hearing will take place in Chicago, Illinois, unless both parties agree to an alternative location. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

13.6 Arbitration Fees and Costs. The payment of arbitration fees will be governed by the AAA Commercial Arbitration Rules. Each party shall bear their own attorney fees and costs unless the arbitrator awards sanctions or finds that a claim or defense was frivolous or brought for an improper purpose.

13.7 Class Action and Jury Trial Waiver. You and Brick agree that each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. This means that neither you nor Brick may bring a claim on behalf of a class or group, and neither party may participate in any class action, collective proceeding, or representative action brought by any third party. To the fullest extent permitted by law, you and Brick waive any right to a jury trial.

13.8 Arbitration Opt-Out Right. You may opt out of the arbitration requirements of this Section 13 by sending written notice of your decision to opt out to hello@getbrick.app within thirty (30) days of first agreeing to these Terms. Your opt-out notice must include: (i) your name; (ii) your contact information including email address, mailing address, and telephone number; and (iii) a clear statement that you wish to opt out of arbitration requirements. If you do not timely send such notice, you agree to be bound by the arbitration requirements.

13.9 Mass Filing Procedures. If 25 or more claimants submit pre-arbitration notices or seek to file arbitration demands raising similar claims, the following staged procedures shall apply:

1. Stage One: Counsel for each side shall select 10 claims (20 total) to proceed in individual arbitrations with different arbitrators;

2. Stage Two: After Stage One completion, remaining parties must engage in global mediation of all remaining claims;

3. Stage Three: If mediation fails to resolve remaining claims, the arbitration requirement no longer applies to unresolved claims, which may proceed in court individually or as consolidated actions.

13.10 Exceptions to Arbitration. Notwithstanding the arbitration requirement, either party may: (i) seek injunctive or other equitable relief in court for intellectual property claims or to prevent irreparable harm; (ii) bring claims in small claims court if the court does not permit class or representative actions; and (iii) seek emergency relief pending completion of pre-arbitration procedures if necessary to prevent irreparable harm.

13.11 Confidentiality. Upon either party’s request, the arbitrator will issue an order requiring that confidential information disclosed during arbitration may not be used or disclosed except in connection with the arbitration or enforcement proceedings.

13.12 Severability of Arbitration Provisions. If any portion of this Section 13 is found unenforceable, the unenforceable provision shall be severed without affecting the remainder of the arbitration provisions or the parties' ability to compel arbitration of remaining claims on an individual basis.

13.13 Survival. This Section 13 shall survive termination of these Terms and continue to apply to all claims arising from or related to your use of the Services.

What this means: If we have a disagreement, let’s try to work it out first through email and maybe a video call. If that doesn't work, we'll use arbitration instead of regular court. You can opt out of arbitration within 30 days by emailing us if you prefer regular courts.

14. TERMINATION

14.1 Termination by Brick. We may terminate or suspend your access to the Services immediately, with or without cause, and with or without notice, for any reason whatsoever, including without limitation if you breach any provision of these Terms. We may also terminate inactive accounts after twelve (12) months of inactivity.

14.2 Termination by You. You may stop using the Services at any time by discontinuing use of your Brick device and deleting the mobile application from your devices. Account closure may be requested by contacting hello@getbrick.app.

14.3 Effect of Termination. Upon termination: (i) your right to use the Services ceases immediately; (ii) your Brick hardware device will cease to function; (iii) we may delete your account data subject to our Privacy Policy; and (iv) all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

What this means: Either of us can end this relationship anytime. If we terminate your account, your Brick device will stop working. If you stop using Brick, just delete the app and contact us to close your account.

15. THIRD-PARTY SERVICES

15.1 Third-Party Integration. The Services may integrate with or link to third-party websites, applications, or services, including app stores, payment processors, and social media platforms. We are not responsible for the content, privacy practices, or terms of service of any third-party services.

15.2 App Store Relationships. Your relationship with app stores (Apple App Store, Google Play Store) is governed by their respective terms of service, not these Terms. We are not responsible for any app store policies, fees, or restrictions that may affect your use of the Brick mobile application.

What this means: Brick works with other services like app stores and payment processors, but we're not responsible for their policies or problems. Your relationship with the App Store is separate from your relationship with us.

16. EXPORT CONTROLS

16.1 Export Compliance. The Services and Brick hardware are subject to export laws and regulations of the United States and other countries. You agree to comply with all applicable export control laws and regulations and will not export, re-export, or transfer the Services or hardware to prohibited countries, entities, or individuals.

What this means: You can't send Brick devices to countries that the US government says are off-limits. Make sure you're following export laws if you're shipping internationally.

17. GENERAL PROVISIONS

17.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Brick LLC regarding the Services. These Terms supersede all prior or contemporaneous understandings or agreements, whether written or oral, regarding the Services.

17.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

17.3 No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Brick.

17.4 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

17.5 Modifications. We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website or through the Services. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

17.6 Force Majeure. We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

17.7 Language. These Terms are drafted in English, and the English version shall prevail in case of any discrepancies with translations in other languages.

17.8 Contact Information. For questions about these Terms or the Services, contact us at:

Email: hello@getbrick.app

Mailing Address:
Brick LLC
777 N. JEFFERSON ST.
SUITE 408
MILWAUKEE , WI 53202
United States

What this means: These terms plus our Privacy Policy are the complete agreement between us. If part of this agreement becomes unenforceable, the rest still applies.