Terms of Use - Estore

Please read the following terms and conditions carefully. By purchasing products and services from the Bricsys e-store, you agree to these terms and conditions (the “Agreement”) and are bound by them.

This Agreement applies to any purchase of Bricsys products and services. Each product or service may also be subject to a specific agreement including provisions for the use of that product or service (hereinafter referred to as "Specific Agreement"; an example of Specific Agreement is the Bricsys End-User License Agreement). Your use of the Bricsys website, including the Bricsys e-store, is also subject to the Terms of Use of the Bricsys website. In case of conflict or inconsistency between any of these documents, the following descending order of priority shall apply: the Specific Agreement, the Agreement, the Terms of Use. Any communications prior to the Agreement shall be superseded by the Agreement and any amendments shall require the written consent of Bricsys.

1. AGREEMENT FORMATION AND PAYMENT

Customer Information. If you decide to purchase or access products or services through the Bricsys e-store, you agree to: (1) provide certain current, complete, and accurate information about yourself as prompted to do so during checkout (“Customer Information”); (2) maintain and update your Customer Information as required to keep it current, complete and accurate; and (3) only enter into such Agreement and provide such Customer Information when you are at least 18 years of age or older, in addition to being of such minimum age, if the laws of your country of residence so require to legally enter into an agreement, have your parent or legal guardian agree on your behalf. If Bricsys becomes aware that a user under the age of 18 is accessing or purchasing such products or services, Bricsys will notify the user that he/she is not eligible to do so. Bricsys will also expunge any Customer Information from our records, barring that which is used to block the child from our service. All Customer Information will be processed in accordance with the Bricsys Privacy Statement. Bricsys reserves the right to terminate your right to use the Bricsys e-store or block your access to the Bricsys e-store if Bricsys learns that you have provided Bricsys with false, inaccurate or misleading Customer Information or that you have otherwise violated this Agreement. Bricsys reserves the right to change its criteria for allowing access to the Bricsys e-store, at any time, in its sole discretion.

Orders. To purchase any products or services available on the Bricsys e-store, select the product or service you want to purchase and choose the preferred payment method. Prior to clicking the “Pay” button, you must confirm that you accept this Agreement. Bricsys will only accept your order for products or services once it has received confirmation of your payment by its payment processor Paddle (for information on Paddle, see section “Payment processor”). Price and availability of products and services offered through the Bricsys e-store are subject to change without prior notice. To the extent that the Bricsys website and/or e-store provides information on the availability of Bricsys products and services, Bricsys attempts to be as accurate as possible. However, Bricsys does not warrant that product or service descriptions, availability or other information on the Bricsys e-store is accurate, complete, reliable, current, or error-free. Bricsys will not be liable for any lack of availability of Bricsys products or services that you may order through the Bricsys e-store. If your purchase order or any other communication (excluding any Specific Agreements) with Bricsys contains provisions inconsistent with this Agreement, then this Agreement will prevail.

Payment processor. Bricsys makes use of the global payment processor Paddle (www.paddle.com) in order to provide secure payments. As Bricsys’ merchant of record, Paddle processes all payments. By purchasing a product or service on the Bricsys e-store, you also enter into an agreement with Paddle. Your relationship with Paddle is governed by Paddle’s terms and conditions available at https://paddle.com/legal-buyers . Transactions will appear on your bank/card statement as PADDLE.NET*GEOGUESSR.

Taxes. Prices listed through the Bricsys e-store do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges. You will be solely responsible for, and will pay to Bricsys (through Paddle) upon demand, any such tax, charge or assessment, unless you have furnished to Bricsys an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question.

2. USER RESPONSIBLITIES

In consideration of your use of the Bricsys e-store, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify Bricsys of any unauthorized use of your account or any other breach of security of which you are aware.

You may use the Bricsys e-store only for lawful purposes and in accordance with this Agreement. In particular, you agree that you will use the Bricsys e-store in a manner that complies with all applicable international, federal, state, local laws and regulations, including export control regulations and applicable privacy law. You agree not to export or re-export, directly or indirectly, the products from the Bricsys e-store to any country subject to sanctions of the European Union and/or the United States, or that are intended to be used for any purposes prohibited by the EU dual-use regulations or by the United States Government regulations, including but not limited to nuclear and/or missile proliferation or chemical or biological weapons or weapons precursor development. You agree to defend and indemnify Bricsys from and against any damages, fines, penalties, assessments, liabilities, costs and expenses (including reasonable attorneys' fees and court costs) arising out of any claim that any product or other information or materials obtained from the Bricsys e-store were exported or otherwise accessed, shipped or transported in violation of this section and all applicable laws and regulations.

3. REFUND POLICY

Refund eligibility. To receive a full refund for a product purchased in the Bricsys e-store, you must, within 14 days of the purchase:

• create a Bricsys Support Request and provide the reason for your refund request;
• provide a copy of the purchase invoice;
• Deactivate the product license(s) from any machines on which they were activated. To deactivate the product license(s), you must follow the procedure described here. Licenses that were activated manually and network licenses that can only be revoked but not deactivated, are not eligible for refund.

Once Bricsys has received your request, it will review your request and execute the refund if all of the above criteria are validated.

This policy solely applies to purchases made through the Bricsys e-store, via Paddle.

Credit processing. When your refund is approved by Bricsys and processed by Paddle, the credit will be issued to the payment method on file by Paddle. Your relationship with Paddle is governed by Paddle’s terms and conditions. Credit card refunds typically post within 7 business days; other payment methods may take longer (this information is given to you for your information only, Bricsys cannot guarantee how long it will take for the credit to be issued).

4. INTELLECTUAL PROPERTY

All intellectual property rights on the products and services as well as all trademarks, service marks, trading names, logos and other words or symbols making reference to products and/or services or commercial activities of Bricsys in general shall remain the exclusive property of Bricsys, of its affiliates and/or third-party licensors of Bricsys. Any infringement of the intellectual rights of Bricsys or its third-party licensors shall be subject to civil and criminal prosecution.

5. CHANGES TO THE AGREEMENT

Note that Bricsys may at any time and at its own sole discretion change this Agreement and such changes shall be effective immediately upon posting of the modified Agreement. Bricsys therefore encourages you to check this page from time to time to take notice of any changes we made.

6. LIABILITY

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE BRICSYS END USER LICENSE AGREEMENT, THE BRICSYS E-STORE AND PRODUCTS OR SERVICES OFFERED THROUGH THE BRICSYS E-STORE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. BRICSYS DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. BRICSYS AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE BRICSYS E-STORE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. BRICSYS AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OF THE BRICSYS E-STORE OBTAINED FROM BRICSYS OR OTHER THAN AS REQUIRED UNDER APPLICABLE LAW. YOU UNDERSTAND AND AGREE THAT ANY BRICSYS CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE BRICSYS E-STORE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRICSYS, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE BRICSYS E-STORE, THE PRODUCTS OFFERED THROUGH THE BRICSYS E-STORE, INCLUDING WITHOUT LIMITATION THE BRICSYS PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF BRICSYS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. BRICSYS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE BRICSYS E-STORE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF BRICSYS FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, 100 EUR (ONE HUNDRED EURO).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. OTHER APPLICABLE LEGAL TERMS

Terms of Use of the website. The Terms of Use of the website applicable to your use of the website, including the Bricsys e-store, are available here: www.bricsys.com/terms

End-user license agreement. All Bricsys products and services available on the Bricsys website are subject to the Bricsys End-User License Agreement (EULA), available here: www.bricsys.com/eula

Personal data. For detailed information regarding Bricsys use of your Customer Information and any other personal data you may submit, please read the Bricsys Privacy Statement

Terms of Use of the payment processor. Only applicable in the event that you purchase the Bricsys products in any of the territories mentioned in section 2: https://paddle.com/legal-buyers

8. MISCELLEANOUS

Severability. If any provision of these Terms is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of these Terms.

Applicable law and jurisdiction. These Terms are subject to applicable Belgian laws, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in Ghent, Belgium. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Assignment. Bricsys may assign its rights and duties under these Terms without the assignment being considered a change to these Terms. You may not assign these Terms without the prior written consent of Bricsys.