Terms of Service

General Rules – For all users

1. Your Relationship With Us

Welcome to Brek app (the "Platform", the "Service", "Brek app", "we" or "us").

You are reading the terms of service (the "Terms"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products, and content (collectively, the "Services"). Our Services are provided for private, non-commercial use. For purposes of the Terms, "you" and "your" means you as the user of the Services. The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

2. Accepting the Terms

By accessing or using our Services, you confirm that you can form a binding contract with Brek app, that you accept the Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device's applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below and agree to comply with them. If there is a conflict between the provisions of the supplemental terms that are applicable to you, and the rest of the Terms, the relevant jurisdictions' supplemental terms will supersede and control. If you do not agree to the Terms, you must stop accessing or using the Services.

If you are accessing or using the Services on behalf of a business or entity, then (a) "you" and "your" includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to the Terms, and that you agree to the Terms on the entity's behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

You should print off or save a local copy of the Terms for your records.

3. Changes to the Terms

We amend the Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to the Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

4. Your Account with Us

To access or use our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: contact@brekapp.com.

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of the Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.

If you no longer want to use our Services again, and would like your account to be deleted, contact us at: contact@brekapp.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added or posted to your account.

5. Your Access to and Use of Our Services

Your access to and use of the Services is subject to the Terms and all applicable laws and regulations. You may not:

  • Access or use the Services if you are not fully able and legally competent to agree to the Terms;
  • Make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein;
  • Distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
  • Market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
  • Use the Services, without our express written consent, for any commercial or unauthorized purpose;
  • Interfere with or attempt to interfere with the proper working of the Services;
  • Incorporate the Services or any portion thereof into any other program or product;
  • Use automated scripts to collect information from or otherwise interact with the Services;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
  • Intimidate or harass another, or promote sexually explicit material, violence or discrimination;
  • Use or attempt to use another's account, service or system without authorization;
  • Use the Services in a manner that may create a conflict of interest;
  • Use the Services to upload, transmit, distribute, store or otherwise make available in any way:
    • Files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
    • Any unsolicited or unauthorized advertising, solicitations, promotional materials;
    • Any private information of any third party;
    • Any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights;
    • Any material which is defamatory, obscene, offensive, pornographic, hateful or inflammatory;
    • Any material that would constitute, encourage or provide instructions for a criminal offence;
    • Any material that is deliberately designed to provoke or antagonize people;
    • Any material that contains a threat of any kind;
    • Any material that is racist or discriminatory;
    • Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed to provide;
    • Material that, in the sole judgment of Brek app, is objectionable or which restricts or inhibits any other person from using the Services.

6. Intellectual Property Rights

The Services are protected under the laws of copyright, patent, trademarks and other intellectual property rights of the countries where Services are available. All intellectual property rights in the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws.

Consistent with the other terms in this document, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent. We respect intellectual property rights and ask you to do the same.

7. Content

A. Brek app Content

As between you and Brek app, all content, design software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and "look and feel" of the Services, and all intellectual property rights related thereto (the "Brek app Content"), are either owned or licensed by Brek app.

Use of the Brek app Content or materials on the Services for any purpose not expressly permitted by the Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, performed, adapted, edited, published, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors' prior written consent.

B. User-Generated Content

Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, videos, sound recordings and the musical works embodied therein, and videos that incorporate locally stored sound recordings from your personal music library and ambient noise ("User Content").

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

8. Indemnity

You agree to defend, indemnify, and hold harmless Brek app, its parent companies, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach of the Terms by you or any user of your account or arising out of negligence or a breach by you or any user of your account of the Terms.

9. EXCLUSION OF WARRANTIES

NOTHING IN THE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

SAVE AS EXPRESSLY SET FORTH IN THE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM.

10. LIMITATION OF LIABILITY

NOTHING IN THE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, AND FOR ANY LOSSES OR DAMAGES ARISING OUT OF OUR WILFUL MISCONDUCT OR GROSS NEGLIGENCE.

11. Other Terms

  • Open Source. The Platform contains certain open-source software. Each item of open-source software is subject to its own applicable license terms.
  • Entire Agreement. The Terms constitute the whole legal agreement between you and Brek app and govern your use of the Services and completely replace any prior agreements between you and Brek app in relation to the Services.
  • Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • Age Restrictions. The Services are only for users who are 18 years old and over (with additional limits that may be set forth in the Supplemental Terms – Jurisdiction-Specific).
  • No Waiver. Our failure to insist upon or enforce any provision of the Terms shall not be construed as a waiver of any provision or right.
  • Security. We do not guarantee that our Services will be secure or free from bugs or viruses.
  • Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms.
  • Any Questions? Contact us at: contact@brekapp.com.

Supplemental Terms – Jurisdiction-Specific

US

ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt-out procedure described below.

Informal Process First

You agree that in the event of any dispute between you and Brek app, you will first contact Brek app and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

Arbitration Agreement

After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, "Claim") relating in any way to your use of Brek app's services and/or products, including the Services, or relating in any way to the communications between you and Brek app or any other user of the Services, will be finally resolved by binding arbitration.

Class Action Waiver

Any Claim must be brought in the respective party's individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action").

California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

Exports

You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Brek app hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.

U.S. Government Restricted Rights

The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.