Introduction

The following sets out the Terms of Service for the use of the Brix online agile project management system.  

Definitions

- Brix & BrixHQ mean both the Brix Product and Brix Pty Ltd (ABN No.:  ) of Oyster Bay NSW 2225. These terms will be used interchangeably.  

- Authorized Use means access that is granted to subscribers and their authorized representatives and agents.  

- Authorized User means the user who has signed up to access Brix or has been granted access by their Administrator 

- Commencement Date means the date that you sign up to Brix and accept these Terms of Service

- Subscription means the monthly fee paid based on number of users accessing Brix License means the right to use the Product as defined by Authorized Use.

- Product means the Brix product defined in the Monthly Invoice delivered by Brix to the Licensee

- Protected Code means source code contained within the Brix product that is protected against access by BrixHQ.

Modifications & Amendments to this Agreement

From time to time modifications and amendments will be made to this agreement it is the responsibility of the subscriber to check for updates from time to time.

Subscription fees (including initial sign up, upgrading, downgrading, termination and cancellation)

Users of Brix will be required to pay monthly subscription fees which will be determined on a fair an equitable model based on the number of users who are using the system and calculated monthly. Subscribers can upgrade, downgrade or cancel at any point in time and this will take effect from the end of the billing period.  

Payment of subscription fees entitles the subscribers to support (email, online and telephone) and updates for the Brix product throughout the period of paid up subscription.

Ownership and Copyright

This Agreement only confers the right to use the Brix Product and does not convey any rights of ownership in or to the Brix Product. The subscriber acknowledges that the Product and all intellectual property rights in relation to the Brix Product are the property of Brix and Brix is entitled to take whatever action it may decide in order to protect its intellectual property rights in the Brix Product.

Proper Use Conditions

Propose use as determined by these Terms of Service is the use for the purpose of online project management for the subscribed number of users that are being paid for. Subscribers are not permitted to tamper with or reverse engineer any component of Brix.  

Term

The term of this agreement commences on the sign up date and will continue in full force until it is terminated by either party, see Termination clause below.  

Termination

The subscriber may terminate this agreement at any time by cancelling their subscription to the Brix service. Brix has the right to cancel a subscribers subscription at any point in time for any reason so deemed necessary. Users will have read only access to their data in Brix for a period of up to 12 months.

Availability of the Site

We will endeavour to make the Web-site available but cannot guarantee that the Web-site will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Web-site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, site, router or any other Internet connected device

No Warranty and Limitation of Liability

Brix provides the website and services 'as is' and without Warranty or Condition, express, implied or statutory. Brix specifically disclaims any implied warranties or merchantability, fitness for a particular purpose, non-infringement, information accuracy, integration, interoperability or quiet enjoyment.

You understand and agree that you use the Website and Service at your own discretion and risk that you will be solely responsible for any damages that arise from such use.  Under no circumstances shall Brix be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever (however arising, including by negligence), including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension or termination of the website or services, damages incurred through any links provided on the website and the non-performance thereof and damages resulting from loss of use, sales, data, goodwill or profits, whether or not Brix has been advised of such possibility. Your only right with respect to any dissatisfaction with this website or service or with Brix shall be to terminate use of this website an services.  

Publicity Rights

The Subscriber grants Brix the right to include the Subscriber as a customer in Brix Product promotional material.

(b) Subscribers can deny Brix this right by submitting a written request via email to sales@brixhq.com and all reasonable endeavours will be made to remove the Subscriber from any promotional materials.  

(c) Should the Subscriber come to be or already be included in Brix Product promotional material, as a result of any prior purchases where the Subscriber did not request exclusion from Brix Product promotional material, the Subscriber can at any point in time, submit a written request via email to sales@brixhq.com to have BrixHQ remove the Subsriber's name from Brix Product promotional material. Upon receipt of such request, Brix will remove any reference to the Subscriber from such promotional material within 30 days and make no further reference to the Subscriber.

Open Source Components

The following open source components have been used in the development of Brix:

- Ruby, Ruby on Rails, Radiant CMS, JSGantt, Sphinx Search, devise = 1.0.8, devise_invitable, subdomain-fu, twitter - thinking-sphinx, delayed_job, jquery, mysql, linux, rspec, nokogiri, fastercsv,  cucumber.

 

By clicking Accept to the Terms of Service when you sign up, you are agreeing to be bound unconditionally by the above terms of service.