EFFECTIVE DATE: September 12, 2022
Welcome to BRCK. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [email protected] or write us at 9450 SW Gemini Dr Suite 52277 Beaverton, OR 97008.
These Terms of Service (the “Terms”) are a binding contract between you and BRCK, Inc. (“BRCK,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. Your use of the Services and our website constitutes your agreement with and to be bound by all terms and conditions included in these Terms as well as the terms outlined in the Acceptable Use Policy, Privacy Policy, and Copyright Dispute Policy, all of which are incorporated herein by reference.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the BRCK website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them by discontinuing your use of the Services; unfortunately, that means you will no longer be able to use the Services. Your use of the Services in any way after a change to the Terms is effective and serves as your acceptance of and agreement with any such changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Upon signing up for the Services and at subsequent times as requested by BRCK, you agree to provide BRCK with your true, accurate, current, and complete personal name and/or business name, administrator name, billing address, shipping address, the addresses where the Services will primarily be used, 911 registered address for each applicable device, email address, contact phone number, credit card information, and other data which may be necessary to administer your BRCK account (“Account”) (collectively, “Registration Data”). You represent and warrant that the information you provide is accurate, current, and complete, and agree to promptly update any of the information if it changes. If you provide Registration Data that is, or that BRCK suspects to be, false, inaccurate, not current, incomplete, fraudulent, or otherwise unlawful, BRCK has the right, in its sole discretion, to suspend or terminate the Services and refuse any and all current or future use of all Services by you, your business(es), affiliates and all users of your Account. At all times, you shall maintain and promptly update Registration Data. Upon completion of all Registration Data and acceptance of this Agreement, BRCK will provide you with, as applicable, a password(s), user ID(s), telephone number(s), and other account information. You are solely liable for any transactions or activities by you or anyone else that occur on Your Account. You shall immediately notify BRCK of any unauthorized use of your Account or if any other breach of security has occurred. In no event shall BRCK be liable for any unauthorized use of your Account.
You represent and warrant that you possess the legal right, capacity, and ability to enter into this Agreement. You represent and warrant that you have made and will maintain at all times wireless or traditional wireline telephone service that will enable you to call 911 and any other applicable emergency service number. You represent and warrant that you will not use the Services in environments requiring fail-safe performance or in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage. You represent and warrant that the Registration Data, user name, contact information, office location (as defined in the Services), and all other information provided in connection with your Account are true and correct at all times. You represent and warrant that you will not use the Services in violation of these terms or any terms incorporated herein. You agree to be financially responsible for your use of the Services, including the authorized or unauthorized use of your Account. In order to use the Services, you must have properly configured and working Internet service and/or Public Switched Telephone Network (“PSTN”) service (i.e., mobile and/or landline phone service) and hereby agree, at your sole expense: to (1) obtain access to your own Internet and/or PSTN service with a third party provider other than BRCK; (2) be responsible for payment of Internet and/or PSTN connection or service fees and all equipment necessary to establish a connection to such Internet and/or PSTN service, as may be required to use the Services; (3) supply and pay third-party providers for all additional phone service and features required for your use of the Applications or Services; and (4) pay BRCK for the Services.
Your use of the Services is subject to the restrictions in the BRCK Acceptable Use Policy. You warrant and represent that you will at all times comply with the BRCK Acceptable Use Policy
In connection with the registration, implementation, maintenance, or servicing of the Services, you will be required to provide data, personally identifiable information, or other materials (collectively “Customer Data”). Should you use BRCK features that include collection of audio or transcript data, such information is included in the definition of Customer Data You are solely responsible for collecting, entering and updating the Customer Data. You hereby grant to BRCK a perpetual, worldwide, royalty-free, fully paid-up, non-exclusive, license to copy, store, record, transmit, display, view, print, and use Customer Data to the extent necessary to provide, develop, and improve the Services. You agree that we may authorize access to Customer Data and share how you use our Services to employees, contractors, and agents who need to know the information in order to improve, personalize and provide Services, conduct research for product development, and enhance user experience. BRCK may also share Customer Data as permitted pursuant to BRCK’s Privacy Policy, which is incorporated by reference into these Terms of Service.
Any information transmitted through the Services is the sole responsibility of the person from whom such information originated, and you access all such information at your own risk. BRCK is not liable for any errors or omissions in that information or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the information or what actions you may take as a result of having been exposed to the information, and you hereby release us from all liability for you having acquired or not acquired information through the Services. We do not guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all your activity in connection with the Services.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by BRCK. You access any such third-party websites or services at your own risk and are responsible for reading and abiding by any terms and conditions, privacy policies, or any other terms, conditions, warranties, or representations associated with such third parties or their websites or services. BRCK disclaims any liability arising from such use and by using the Services, you release and hold BRCK harmless from any and all liability arising from your interactions with any third parties or your use of any third-party website or service.
Certain services made available via the Services are delivered by third-party sites and organizations. By using any product, service or functionality of the Services, you hereby acknowledge and consent that BRCK may share such information and data with any third party with whom BRCK has a contractual relationship to provide the requested product, service or functionality on behalf of BRCK’s users and customers.
If there is a dispute between participants on this site, or between users and any third party, you agree that BRCK is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release BRCK, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
BRCK, in its sole discretion, reserves the right to add, remove, or modify features or functions, including reassignment of phone numbers when such numbers are no longer available, or to provide fixes, updates and upgrades, to the Services. You acknowledge and agree that BRCK has no obligation to make available to You any subsequent versions of the Services. In addition, you and BRCK acknowledge that no third party has any obligation whatsoever to furnish maintenance or support services with respect to the Services and that BRCK is solely responsible for the provision of maintenance and support as provided in this Agreement and to the extent such maintenance and support is required under applicable law. Your continued use of the Services following any modification of the Services constitutes your agreement with any such changes or updates.
In the event that you wish to stop using the Services, you may do so at any time, by contacting us at [email protected] BRCK may terminate (or suspend access to) your use of the Services or your Account, for any reason in our sole discretion, including, but not limited to, your breach of these Terms.
Upon termination of your Account, all information associated with your Account will be deleted or destroyed in accordance with the Privacy Policy. As such, you should perform regular backups in order to avoid losing information upon termination. If you have deleted your Account by mistake, contact us immediately at [email protected]; if possible, we will attempt to assist in recovering any lost information following an accidental account closure (though we make no representations that we will be able to recover or restore any information).
If you choose to sign up for any Services that carry a fee (the “Paid Services”) you will be charged the then current fees for such Paid Services. Unless otherwise agreed, all fees paid to BRCK are non-refundable.
Unless you are paying for the service pursuant to an invoicing arrangement with BRCK or one of our authorized resellers (“Reseller”), as described in the following paragraphs, any applicable initiation charges, usage, monthly recurring charges, support charges, and other fees are billed in full in advance. Termination, international calling, equipment return fees and transfer charges, if any, are billed in arrears. Upon termination of your Account for any reason, all unused calling credits and international calling credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made of any unused calling credits, additional credits, promotional credits, or international calling credits or of any remaining periods/months on any account.
When you subscribe to Services, you will provide us with a valid payment method, such as a valid credit card (including proper billing information), and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method. Upon termination, we will charge you any fees and any other outstanding charges and disconnect your Service. You agree to advise and notify us of any changes to your payment method, such as credit card account number or expiration date changes. If the credit card or other payment method on your Account is declined or fails for any reason, BRCK will use reasonable efforts to contact you and advise you of the failed billing attempts. Notwithstanding the foregoing, BRCK reserves the right to disconnect your Service and terminate your Account if your credit card on file is declined or fails for any reason, and BRCK reserves the right to continue to attempt charging your credit card for any outstanding Service charges and additional fees and pursue any other legal remedies available to BRCK.
Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser rate of (a) 18% per annum or (b) the highest rate allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked “Paid in Full”) shall not waive any of BRCK’s rights to collect the full amount due. We may assess an additional fee of the lesser of (a) fifty dollars ($50) or (b) the highest amount allowed by law for any credit card chargeback or check returned for nonpayment.
Billing cycle end dates may change from time to time. When a billing cycle covers less than or more than a full month, we may make reasonable adjustments and prorate the charges to your Account.
You must dispute any charges for the Services in writing to BRCK within thirty (30) days of the date of the charge by BRCK. If you fail to provide a written statement explaining in reasonable detail your reasons for disputing the charge within such time period, you hereby irrevocably waive any objection and further recourse with regard to such charges. Written statements disputing charges must be sent to [email protected]
With respect to its advertising, offering, or sale of Services, BRCK attempts to describe its products as accurately as possible. Nevertheless, BRCK does not warrant that any descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of Services (collectively, “Service Information”) from its website, marketing materials, promotional flyers, advertisements, or other printed or electronic materials (collectively, “Service Materials”) is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible that Service Information may be mispriced, described inaccurately, or that the Services may be unavailable. In the event BRCK determines that a Service is mispriced, described inaccurately, or unavailable, BRCK reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation, canceling your Account or subscription to the Services. You agree to notify BRCK immediately if you become aware of any pricing or descriptive errors or inconsistencies with any Services you order through the Service Materials and comply with any corrective action taken by BRCK. You acknowledge and agree that the Services may not be available 100% of the time. Credit allowances for interruption of the Services may only be provided on a case-by-case basis at the sole discretion of BRCK and shall be your sole remedy for any Service interruptions or other issues with the Services.
All fees for Services advertised or otherwise listed on the website are exclusive of any federal, state, local sales, international excise, value-added, and similar taxes or fees and administrative or recovery fees or charges (collectively “Taxes and Fees”). You agree to pay all Taxes and Fees and/or similar liabilities, however denominated, that may now or hereafter be levied on the Services, which are chargeable to or recoverable from customers by any federal, state, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Services by BRCK, whether or not mandated by law or regulation. Should BRCK pay or be required to pay such liabilities (including any Taxes and Fees that were due but not charged or previously collected), You agree that BRCK may invoice you or charge your credit card on file for such payments upon receipt of an invoice and showing of indebtedness to BRCK.
You are responsible for paying all charges for your Account, including but not limited to toll-free, local, long distance, international, additional feature charges, 411 and operator assisted charges, and directory assistance charges, and for all taxes, surcharges, and fees imposed on you or us as a result of your use of the Service.
From time to time in its sole discretion, BRCK may offer promotions or discounts. Any promotion or discount code must be provided to BRCK upon purchase of the Services. You shall not be entitled to a subsequent credit for such promotions or discounts if you do not request such credit at the time of account creation or change of service. Promotions and/or discounts may not be used cumulatively or be used for Services retroactively. If a promotion and/or discount is offered on a confidential basis, you agree not to disclose the promotion and/or discount and to assume full responsibility for any harm, direct or indirect, caused to BRCK by the disclosure of the promotion and/or discount.
BRCK offers unlimited monthly calling for domestic calls (United States and Canada) and text messages from your mobile phone or computer. An unlimited service provides you with a domestic telephone number and is subject to the terms and restrictions of the Acceptable Use Policy along with any other restrictions described herein, as well as any reseller agreements, if applicable. If, for any reason, BRCK believes that you are using the unlimited service for a prohibited purpose and/or your call usage violates the Acceptable Use Policy, then BRCK may, in its sole discretion with or without notice, terminate your unlimited service.
BRCK offers toll-free numbers, for an additional monthly fee, plus additional charges based on the minutes of use for inbound calls. Having a toll-free number requires that you maintain a balance of calling credits. When you are nearing exhaustion of your initial paid allotment of calling credits, we will automatically recharge on your behalf, an incremental package for additional credits, unless you disable this feature otherwise. Post-paid pricing packages and other variable terms may be available through invoiced accounts or resellers. Please refer to any applicable reseller agreements for additional terms of service. If, for any reason, BRCK believes that you are using the toll-free calling for a prohibited purpose and/or your call usage violates the Acceptable Use Policy, then BRCK may, in its sole discretion with or without notice, terminate your toll-free calling service.
To make international calls using the Services, you must enable international calling in your settings and pre-purchase at least the minimum package of international calling credits necessary to make such international calls. Insufficient credits may cause your call to be terminated. Packages of international calling credits will decrement based on the rate defined per country and carrier. Our international calling rates are available at https://www.brck.com/rates/ . In addition, you may be charged any applicable Taxes and Fees associated with international calls. You are solely responsible for the region and numbers you choose and any associated charges on your Account. BRCK also offers some “local” international numbers for you to make and receive calls and texts. Rates, terms, Taxes and Fees associated with international inbound and outbound calling and texting services may vary based on the country and reseller agreement, if applicable. If, for any reason, BRCK believes that You are using the Service for a prohibited purpose and/or your call usage violates the Acceptable Use Policy, then BRCK may, in its sole discretion with or without notice, terminate your service.
The account owner shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Services with BRCK. If no legal entity is provided upon sign-up, the account owner shall be the owner of the credit card used to open the account. Subsequent changes to ownership must be supported by appropriate legal documentation. BRCK shall not adjudicate ownership-related disputes, or any other internal business dispute. If BRCK is unable to determine the valid owner of the account, BRCK reserves the right to suspend or terminate the account and Services.
BRCK’s Services may include one or more Voice over Internet Protocol (“VoIP”) lines, including the option to add additional lines at a later date. Your license to the Services is provided for a term specified in your order (the “Term”) through BRCK or an authorized Reseller. The initial Term begins on the date that you sign up for the Services (the “Date of Purchase”). The Term for all Services will renew automatically for successive Terms of the same length without further action by or notice to you unless you notify BRCK customer service of non-renewal at least thirty (30) days before the end of the then current Term, unless otherwise provided in your Agreement.
Monthly Service. For subscribers of monthly Services, you may cancel or terminate your use of the Services with or without cause at any time by contacting BRCK customer service at [email protected], subject to the restrictions and fees provided in these Terms, and any additional agreements governing the Services.
BRCK is not obligated to store your communications logs, voicemails, faxes, emails, or other messages and does so only as a convenience to you. You agree that BRCK has no responsibility or liability whatsoever for the deletion or failure to store any call log information, voicemails, faxes, emails, messages, and/or other communications maintained or transmitted by the Services. You acknowledge and agree that BRCK may establish limits as to the size of communications that BRCK transmits or stores and the duration for which BRCK stores any communications.
You may use BRCK Confidential Information only in connection with your use of the Services as permitted under this Agreement. During the term of your use of the BRCK Services and for a period of five (5) years thereafter, you will not disclose BRCK Confidential Information and you will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of BRCK Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature.
For purposes of this Agreement, “BRCK Confidential Information” means all nonpublic information disclosed by BRCK or its affiliates, employees, agents, contractors, partners, or suppliers, which is either designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, would reasonably be understood to be confidential in nature, including but not limited to: (a) nonpublic information relating to BRCK’s customers, business plans, product roadmaps, promotional and marketing activities, finances, or other company or business information (or that of our affiliates, partners, or suppliers); (b) any confidential and proprietary third-party information; and (c) the nature, content and existence of any discussions or negotiations (including, but not limited to the terms of this or any other Agreement and any pricing or discounts). BRCK Confidential Information does not include any information that: (i) is or becomes publicly available without breach of these Terms; (ii) can be shown by documentation to have been known to you at the time of your receipt from BRCK; (iii) is received from a third party who was not bound by an obligation of confidentiality or restriction on disclosure; or (iv) can be evidenced as independently developed by you without reliance on or reference to the BRCK Confidential Information.
Warranty Disclaimer. BRCK does not make any representations or warranties concerning the Services,. Additional services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from BRCK. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL BRCK BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO BRCK IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold BRCK, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms (including any terms or policies incorporated by reference herein). In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Governing Law & Venue. These Terms are subject to and governed by and construed in accordance with the laws of the State of North Carolina, USA, without regard to its conflicts of laws provisions. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled in Mecklenburg County, North Carolina, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be mutually agreed upon from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Mecklenburg County, North Carolina, or the Western District of North Carolina.
Survival. Provisions that, by their nature, should survive termination of these Terms shall survive termination. For avoidance of doubt, the provisions of this Agreement relating to intellectual property ownership, customer representations, confidentiality, equipment, number porting and availability, storage of user information, customer feedback, publicity rights, non-disparagement, additional software licenses, indemnification, force majeure, warranty disclaimers, limitations of liability, notices, assignment, future changes, interpretation, dispute resolution and arbitration, and choice of law shall survive termination or expiration of this Agreement for the maximum term allowable by law.
Force Majeure. BRCK shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements, or other events that are beyond BRCK’s reasonable control.
Dispute Resolution and Optional Arbitration. In the event of any dispute, claim, question, or disagreement between You and BRCK (“Dispute”), You and BRCK shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, you and an authorized member of BRCK’s legal department (or other representative of BRCK designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither you nor BRCK shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
California Subscribers. Under California Civil Code Section 1789.3, California users of the Service 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 1020 N Street, #501, Sacramento, California 95814, or by telephone at 916-445-1254.
