Last Updated: Oct. 11, 2024
By creating an account and using OneBrick (“Company,” “We,” “Us,” or “Our”) and its services, You (“User,” “You,” or “Your”) agree to be bound by the following Terms of Service (“TOS,” “Agreement”). Please read these Terms carefully. By accessing or using OneBrick, You agree to abide by these Terms. If You do not agree with these Terms, You must discontinue use of the services immediately.
1.1 In these Terms, unless the context requires otherwise:
By registering for or using OneBrick, You agree to these Terms of Service, and any future amendments made by the Company. OneBrick reserves the right to modify or update these Terms at any time, and any changes will become effective upon posting. It is Your responsibility to review the Terms periodically.
3.1 OneBrick Overview: OneBrick provides hosted software services that allow users to manage and sync their inventory, orders, and other business-related data.
3.2 Service Modifications: We may modify or discontinue any part of OneBrick services, temporarily or permanently, with or without notice, and You agree that We will not be liable for any such modifications.
4.1 Collection of Data: As part of using OneBrick, You will provide certain Customer Data. This includes, but is not limited to, information about Your business, inventory, orders, and other operational data.
4.2 Internal Use: By using OneBrick, You grant Us a non-exclusive, worldwide license to collect, process, and analyze Your data to improve, modify, and enhance Our services. We may use Your data for the following purposes:
4.3 Marketing Use: You grant OneBrick permission to use Your store name, lot/item count, and location count for marketing purposes. This may include promotional materials, case studies, and testimonials. Additionally, this information may be displayed on personalized login pages related to Your store within the OneBrick platform utilizing Your custom A record domain.
4.4 Data Security: OneBrick will implement reasonable measures to protect Your data. However, You acknowledge that no system is entirely secure and that any data transmitted over the internet may be subject to unauthorized access.
4.5 No Sharing with Third Parties: OneBrick will not sell, rent, or share Your personal data or Customer Data with third parties unless required by law or for legal compliance. However, aggregated, anonymized data may be used for internal analytics and service improvements.
5.1 Accuracy of Information: You agree to provide accurate and up-to-date information when using OneBrick services.
5.2 Account Security: You are responsible for maintaining the confidentiality of Your Access Credentials and for all activities that occur under Your account.
5.3 Acceptable Use: You agree not to use the Hosted Services for unlawful purposes, including violating applicable data protection laws, transmitting harmful software, or engaging in fraudulent activities.
6.1 Ownership of Data: You retain all rights to the Customer Data that You submit or generate through the use of OneBrick. However, OneBrick retains all intellectual property rights to the software and services, including improvements and modifications made based on Your data.
6.2 License to Use OneBrick: You are granted a non-exclusive, non-transferable license to use OneBrick for Your internal business purposes during the term of this Agreement. You agree not to modify, reverse engineer, or attempt to copy any part of the software.
7.1 Liability Cap: To the fullest extent permitted by law, OneBrick's total liability to You for any claims arising out of or related to these Terms or Your use of the Hosted Services, regardless of the cause of action, will not exceed the total amount You have paid to OneBrick for the Hosted Services in the [12 months] preceding the claim.
7.2 Exclusion of Certain Damages: In no event will OneBrick be liable to You for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or business interruption, even if We have been advised of the possibility of such damages.
7.3 Assumption of Risk: By using OneBrick, You acknowledge that inventory syncing, data management, and reporting are dependent on multiple factors beyond Our control, including third-party integrations and Your input data. You assume all risks associated with these activities, including any mis-syncs or errors in inventory tracking and data entry.
7.4 Force Majeure: OneBrick shall not be liable for any failure or delay in the performance of Our obligations under these Terms due to causes beyond Our reasonable control, including but not limited to acts of God, pandemics, labor disputes, civil unrest, government actions, cyberattacks, or technical failures.
8.1 Compliance with Data Protection Laws: OneBrick will comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA), to the extent these laws apply to Your data.
8.2 Customer Responsibilities: You are responsible for ensuring compliance with applicable data protection laws, including providing any required notices and obtaining any necessary consents for the collection, use, and transfer of personal data.
8.3 Data Access and Deletion: You have the right to access Your personal data held by OneBrick. If You request, We will delete Your data from Our systems, subject to any legal obligations to retain the data.
9.1 Uptime and Support: OneBrick provides uptime and support services on an "as available" basis. We strive to ensure the Hosted Services are available and supported, but no specific uptime is guaranteed. Support requests will be prioritized based on the matter's importance and urgency, as determined by OneBrick in its sole discretion. We will make reasonable efforts to address critical issues as promptly as possible but make no guarantees regarding resolution times.
10.1 Termination by User: You may terminate Your use of the Hosted Services at any time by discontinuing access to the platform.
10.2 Termination by OneBrick: OneBrick reserves the right to terminate or suspend Your account for any breach of these Terms, or if Your account is inactive for an extended period. Upon termination, You will lose access to Your data, and OneBrick may delete it from its systems.
11.1 Subscription Tiers: OneBrick offers three subscription tiers, each with specific features and order limits. The pricing and features of each tier are detailed during the sign-up process and on the OneBrick website. By choosing a tier, You agree to the corresponding charges.
11.2 Automatic Upgrades: If Your account exceeds the designated order limit for Your current subscription tier for two consecutive months, You will be automatically upgraded to the next tier. You will receive notifications from OneBrick informing You of the upcoming upgrade. The upgraded tier and associated charges will take effect in the next billing cycle following the notification.
11.3 Additional Fees: If You request any services beyond those included in Your selected tier, such as additional support or custom features, additional charges may apply. These fees will be communicated to You prior to implementation and added to Your account.
11.4 Taxes: All charges and fees are exclusive of applicable taxes. You are responsible for paying any taxes required by law, including but not limited to sales tax, VAT, or other similar taxes or levies.
11.5 Overdue Charges: If You fail to pay any amount owed by the due date, OneBrick reserves the right to charge interest at the rate of [1.5%] per month or the highest amount permitted by law. OneBrick may also charge for any reasonable collection costs incurred.
12.1 Payment Method: You are required to provide valid and updated payment information. By entering Your payment details, You authorize OneBrick to charge all applicable fees to Your chosen payment method, including subscription fees, additional services, and any upgrades.
12.2 Billing Cycle: Subscription fees are billed in advance according to the billing cycle selected during registration (monthly or annually). If Your account is upgraded due to exceeding order limits, the new charges will apply in the next billing cycle after the upgrade.
12.3 Automatic Payment Processing: If You exceed the order limit for Your current tier for two consecutive months, You will be automatically upgraded, and the payment method on file will be charged for the next tier’s subscription fee in the upcoming billing cycle. You will receive prior notifications about this change.
12.4 Payment Failure: If We are unable to process Your payment due to invalid or outdated payment information, You must promptly update Your details. Failure to do so may result in the suspension or termination of Your account. OneBrick will notify You of any issues with payment processing.
12.5 Refund Policy: All payments made to OneBrick are non-refundable. There are no refunds for partial months or unused services. In cases where OneBrick terminates Your account without cause, We may issue a pro-rated refund for the unused portion of Your subscription period.
12.6 Disputed Payments: If You believe that You have been incorrectly charged, You must notify OneBrick within [30 days] of the disputed charge. We will investigate the issue, and if confirmed, We will correct or refund the erroneous charge.
13.1 No Guarantee of Results: OneBrick makes no representations or warranties regarding the potential or expected results from using the Hosted Services, including any impact on Your business performance or success. Your use of OneBrick is at Your sole risk, and You are solely responsible for Your use of the Hosted Services.
13.2 No Warranty of Error-Free Operation: OneBrick does not warrant that the Hosted Services will be uninterrupted or error-free, nor that all bugs or defects will be corrected. OneBrick will make reasonable efforts to maintain the uptime of the services, but occasional downtime for maintenance, updates, or unforeseen outages is to be expected.
13.3 No Warranty of Data Accuracy: While OneBrick strives to sync and process Your data accurately, We do not guarantee that all data or inventory records will be correct or error-free. You are responsible for verifying the accuracy of Your data, including order details, inventory levels, and other critical business information.
14.1 User Responsibility for Data Backups: While OneBrick makes reasonable efforts to back up Customer Data, You are solely responsible for maintaining independent copies of Your data. OneBrick shall not be liable for any data loss or corruption, including but not limited to inventory or order data.
14.2 Data Retention: Upon termination of Your account, OneBrick will retain Your data for up to [30 days] for backup purposes. After this period, all data may be permanently deleted from Our servers, and OneBrick will not be able to restore Your data once deleted.
15.1 Third-Party Integrations: OneBrick may integrate or interact with third-party services or software (e.g., payment gateways, inventory platforms). These third-party services are provided for Your convenience, but OneBrick does not endorse or guarantee their availability, accuracy, or reliability. Use of any third-party services is governed by the terms and conditions of the third-party provider, and You agree that OneBrick is not liable for any issues arising from third-party services.
15.2 No Control Over Third-Party Providers: OneBrick is not responsible for the performance of third-party services or their compliance with applicable laws, including data protection laws. Any disputes or claims regarding third-party services must be directed to the third-party provider.
16.1 Indemnity: You agree to indemnify, defend, and hold harmless OneBrick and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including attorney’s fees) arising out of or related to:
17.1 These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
17.2 Any dispute arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Orange County, California.
18.1 Pre-release Services: When Beta services or the OneBrick Insider Program are made available, You may opt into these pre-release versions. By doing so, You agree to additional Terms of Service that will govern the use of these programs. Beta services and the OneBrick Insider Program are provided "as-is" and may contain bugs, defects, or incomplete features. Participation in these programs is entirely voluntary, and OneBrick makes no guarantees regarding the stability, functionality, or performance of pre-release versions.
OneBrick may update these Terms of Service periodically. We will notify You of significant changes via email or through notifications within the service. Continued use of the service after changes are posted constitutes Your acceptance of the new terms.