Last Updated November 17, 2024
The following terms of service (the “Terms of Service”) govern your access to and use of the Bricklayer AI Inc. website located at https://www.bricklayer.ai/ (the “Website”).
These Terms of Service form an agreement between Bricklayer AI Inc. (“Bricklayer”, “us”, “we”, “our”) and you. The term “you” and “your” refers to the person visiting the Website, using, downloading or accessing content or software from the Website (“use” or “using” in these Terms of Service will mean any of the foregoing). Where an entity has entered into an order form for Bricklayer Services that references these Terms of Service (“Order Form”), and you are entering into these Terms of Service on behalf of an entity named in the Order Form, the terms “you” and “your” or “customer” will refer to that entity. These Terms of Service apply to you if you are: (1) a visitor to the Website; (2) an employee of a customer who has ordered access to Bricklayer Services as listed in an Order Form that is subject to a separate Software-as-a-Service Agreement with Bricklayer (“Bricklayer Services”); or (3) an employee of an entity who has registered for access to a trial version of the Bricklayer Services (“Trial”) either through the Website or through an Order Form (“Trial User”).
THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS OF SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE WEBSITE OR ACCEPT THESE TERMS OF SERVICE IF YOU ARE UNDER 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE, DO NOT ACCESS AND/OR USE THE WEBSITE.
WE MAY UPDATE THESE TERMS OF SERVICE FROM TIME TO TIME; YOUR CONTINUED USE OF THE WEBSITE AFTER SUCH UPDATES CONSTITUTES YOUR ACCEPTANCE OF SUCH UPDATES.
Access
Subject to these Terms of Service, Bricklayer grants you a non-transferable, non-exclusive, revocable, limited right to use and access the Website solely for your own internal use. The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, whether in whole or in part, or any content displayed on the Website; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Account
In order to use certain features of the Website, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Website. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Bricklayer of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Bricklayer cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Privacy Policy
Your use of the Website is subject to our Privacy Policy which governs the personal information that you provide to us through your Account, in communications occurring via this website or email, or through other outside marketing activities with Bricklayer personnel, or when you obtain a subscription or a free trial license via this Website and our collecting, storing, using and disclosing your personal information. This includes “Administrative Data” which means personally identifiable information about you and your users that may be uploaded during registration or Account administration or in technical support requests. This also includes “End User Data” which means data that may be accessed or collected by this Website during your use, in the form of logs, session data, telemetry, user data, usage data, system stability data, user experience data, user interface data, and network traffic metadata. End User Data may include confidential data and personal data, such as source and destination IP addresses, directory information, file applications, URLs, file names and content. You understand that through your use of the Website you consent to the collection and use of this information as set forth in our Privacy Policy, including the transfer of this information in the United States and/or other countries for storage, processing, and use by Bricklayer and its affiliates. To the extent you disclose, provide, or share with us any personal data subject to the General Data Protection Regulation (“GDPR”) or the EU GDPR as it forms part of UK law by virtue of section 3 of the European Union Withdrawal Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020 (the “UK GDPR”), exhibit A applies. Our Privacy Policy is hereby incorporated into and forms a part of these Terms of Service.
Changes to these Terms of Service
Bricklayer reserves the right, at any time, to modify, suspend, or discontinue the Website (in whole or in part) with or without notice to you. You agree that Bricklayer will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part thereof. You acknowledge and agree that Bricklayer will have no obligation to provide you with any support or maintenance in connection with the Website. Bricklayer retains the right, at its sole discretion, to deny you access to the Website, at any time and for any reason, including, but not limited to, for violation of these Terms of Service. You will cease and desist from any such access or use immediately upon request by Bricklayer.
Proprietary Rights
You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by Bricklayer or Bricklayer’s suppliers. Neither these Terms of Service nor your access to the Website transfers to you or any third party any right, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth above. Bricklayer and its suppliers reserve all rights not granted in these Terms of Service. There are no implied licenses granted under these Terms of Service.
You grant to us a perpetual, transferrable, irrevocable, royalty-free, fully paid-up, worldwide and fully sublicensable license to access, collect, store and use any data, information, records and files that: (a) you load, transmit to or enter into the Website; or (b) we collect from your local computer system or mobile device or from third parties with your permission, and (in each case) including all results from processing such data, information, records and files, including compilations, and derivative works thereof, including for the purpose of: (i) providing the Bricklayer services and making available the Website; (ii) complying with applicable law; and (iii) complying with our reasonable audit and data retention policies.
Security Commitments
1. Data Security Measures
At Bricklayer, we are committed to protecting the security and confidentiality of your data. We implement a comprehensive set of security measures designed to safeguard against unauthorized access, disclosure, alteration, and destruction of your information. These measures include, but are not limited to:
- Access Controls: We restrict access to sensitive data to authorized personnel only and employ strong authentication methods.
- Encryption: Data is encrypted in transit and at rest to ensure its protection against unauthorized access.
- Monitoring and Logging: We continuously monitor our systems for vulnerabilities and unauthorized access, maintaining logs to facilitate audit and incident response processes.
- Incident Response: In the event of a data breach or security incident, we have an established incident response plan to promptly address and mitigate the impact.
2. Compliance with Standards
We are committed to maintaining compliance with applicable data protection laws and industry standards, and are currently in process with the SOC 2 framework. We regularly review and update our security practices to ensure they meet or exceed these standards.
3. User Responsibilities
You, as a user, also have a role in maintaining the security of your account. You agree to use strong passwords, keep your login information confidential, and promptly notify us of any unauthorized access to your account.
By using our services, you acknowledge and agree to these security commitments as part of our ongoing efforts to protect your data.
No Unlawful or Prohibited Use
You will not, without our prior written permission, use the Website for purposes other than as set forth in the Access section above. Without limiting the generality of the foregoing, you will not (and will not attempt to): (a) “frame”, “mirror”, “deep-link” or otherwise incorporate the Website or any part thereof on any website; (b) access, monitor or copy any part of the Website using any robot, spider, scraper or other automated means; (c) violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website; (d) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on the Website; (e) use the Website as part of any service for sharing, lending or multi-person use, or for the benefit of any third party; (f) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption functionality, that protect the Website; (g) copy, reproduce, modify, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Website; (h) create derivative works based on the Website, in whole or in part, or to decompile, disassemble, reverse engineer or otherwise exploit any part of the Website; (i) use or access the Website in a manner that violates the rights (including, but not limited to, intellectual property rights) of any third party; or (j) upload to or transmit through the Website any information, images, text, data, media or other content that is offensive, hateful, obscene, defamatory or violates any laws, in each case as determined by us in our sole discretion.
Trial Terms
The terms in this Section apply only to Trial Users. From time to time Bricklayer may offer access to certain Bricklayer Services free of charge for a limited period of time for evaluation (to be determined at the time such Trial is ordered via the Bricklayer Website or an Order Form) (“Trial Period”). You acknowledge that the features and functionality of the Bricklayer Services for any such Trial Period are limited and the Bricklayer Services made available during such Trial Period may not contain all features and functionality made available to commercial users of the Bricklayer Services. Your use will continue solely for the Trial Period and be subject to the terms of these Terms of Service as well as the terms of Bricklayer’s then current trial evaluation software agreement located at the following URL [ www.app.bricklayer.ai ]. Your Trial use may be subject to additional restrictions, which may be set forth on the applicable Order Form. During the Following the end of any Trial Period, you acknowledge and agree that your right to access and/or use the Bricklayer Services is terminated and any further use of the Bricklayer Services will require payment of the applicable subscription fee. Further, you acknowledge and agree that Bricklayer may suspend and/or terminate your access to the Bricklayer Services during any Trial Period for any or no reason.
Marketing; Communications. Bricklayer may send you emails concerning our products and services. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. Provided you have entered into an Order Form or registered for a Trial via this Website, Bricklayer may publicly refer to You as a customer of Bricklayer, including on Bricklayer websites and in sales presentations, and may use Your logo for such purposes. Similarly, You may publicly refer to itself as a customer of Bricklayers software as a service, including on Your website. All goodwill associated with use of a party’s logos and trademarks by the other party will inure the party owning such logos and trademarks. Each party may revoke or terminate the license granted to the other party to use such logos and trademarks on thirty (30) days prior written notice without cause.
Disclaimer
YOU ACKNOWLEDGE AND UNDERSTAND THAT ACCESS TO THIS WEBSITE IS PROVIDED TO YOU FREE OF CHARGE. AS SUCH, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS, WITH NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. BRICKLAYER (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT OR THIRD PARTY RIGHTS. BRICKLAYER DOES NOT WARRANT THAT THE BRICKLAYER PLATFORM OR THE BRICKLAYER SERVICES WILL BE COMPLETELY ERROR FREE OR THAT THE USE OF THE BRICKLAYER PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON A TIMELY OR SECURE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY BENEFIT FROM ADDITIONAL RIGHTS UNDER THE MANDATORY LAW OF YOUR COUNTRY OF RESIDENCE; THESE TERMS OF SERVICE ARE NOT INTENDED TO EXCLUDE OR LIMIT SUCH ADDITIONAL RIGHTS.
Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify and hold Bricklayer (and its officers, employees, and agents) harmless from and against any losses, damages or claims, including costs and attorneys’ fees, arising from any claim or demand made by a third party based on or arising out of (a) your use of the Website, (b) your violation of these Terms of Service, or (c) your violation of applicable laws or regulations. Bricklayer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Bricklayer. Bricklayer will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Limitation of Liability
IN NO EVENT WILL BRICKLAYER BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF BRICKLAYER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND REGARDLESS OF WHETHER ANY REMEDY IN THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE.
IN NO EVENT WILL BRICKLAYER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION, INFRINGEMENT OR OTHER CONTRACT OR TORT CLAIMS) EXCEED THE TOTAL FEES PAID BY YOU, YOUR EMPLOYER, YOUR CORPORATE ENTITY, OR YOUR INSTITUTION TO BRICKLAYER DURING THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY. IF NO FEES HAVE BEEN PAID TO BRICKLAYER IN THE PRIOR TWELVE MONTH PERIOD BRICKLAYER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE WILL NOT EXCEED ONE THOUSAND DOLLARS ($1000).
Release
To the fullest extent permitted by applicable law, you hereby release and forever discharge Bricklayer (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including interactions with any other Website users or any Third-Party Links and Applications as defined below). If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Third-Party Links and Applications; Release
The Website may contain links to third-party websites and services, and applications for third parties (collectively, “Third-Party Links and Applications”). Such Third-Party Links and Applications are not under the control of Bricklayer, and Bricklayer is not responsible for any Third-Party Links and Applications. Bricklayer provides access to these Third-Party Links and Applications only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Links and Applications. You use all Third-Party Links and Applications at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links and Applications, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links and Applications.