Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website and services provided by Brink Industries & Development ("Brink," "we," "us"). By accessing our website or engaging our services, you agree to these Terms. If you do not agree, do not use our site or services.

1. Services

Brink provides digital services including, without limitation: website development, website hosting, application development, and custom LLM / AI solutions. Specific deliverables, timelines, fees, and scope are defined in proposals, statements of work (SOWs), order forms, or hosting plans (collectively, "Service Agreements"). If there is a conflict between these Terms and a Service Agreement, the Service Agreement controls for that engagement.

2. Eligibility & Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) to enter a binding contract with us. You are responsible for maintaining the confidentiality of account credentials and for all activity under your account.

3. Website Use

You agree not to:

• Use the site for unlawful, harmful, or fraudulent purposes
• Attempt to gain unauthorized access to systems or data
• Interfere with or disrupt site infrastructure or security
• Scrape, harvest, or reverse engineer the site except as allowed by law
• Misrepresent your identity or affiliation

Hosting clients are also subject to our Acceptable Use Policy.

4. Quotes, Orders & Payment

• Quotes are estimates unless expressly stated as fixed-price in a Service Agreement.
• Invoices are due as stated on the invoice or plan. Late amounts may accrue interest or result in suspension of services after notice.
• Hosting plans may auto-renew unless cancelled according to the plan terms.
• Fees are generally non-refundable except as described in our Refund Policy or a Service Agreement.

5. Client Responsibilities

You agree to:

• Provide timely feedback, content, access, and approvals needed for delivery
• Ensure you have rights to materials you provide (logos, copy, data, code)
• Comply with applicable laws in your use of deliverables and hosting
• Maintain your own backups of critical content where not covered by plan features

6. Intellectual Property

6.1 Our site & brand

The Brink website, branding, logos, and related materials are owned by Brink or our licensors. You may not copy or use them without prior written permission, except for limited fair use or as needed to link to our site.

6.2 Project deliverables

Unless otherwise agreed in writing: upon full payment, you receive ownership of or a license to use custom deliverables as specified in the Service Agreement. Brink retains rights to pre-existing tools, frameworks, libraries, and know-how. We may showcase non-confidential work in our portfolio unless you request otherwise in writing.

7. Hosting

Hosting is provided on a commercially reasonable efforts basis toward stated uptime targets (e.g., 99.9%), which are goals, not guarantees, unless a separate SLA is signed. We may perform maintenance, suspend abusive accounts, and update infrastructure. You remain responsible for your site content, applications, and end-user compliance.

8. AI & LLM Services

Custom AI / LLM solutions may involve third-party models, APIs, or infrastructure. Outputs can be inaccurate or incomplete; you are responsible for reviewing AI-generated content before production use. Training or processing of your data will follow the applicable Service Agreement and Privacy Policy.

9. Confidentiality

Each party agrees to protect the other's non-public confidential information and use it only as needed to perform under these Terms or a Service Agreement, except where disclosure is required by law.

10. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRINK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR BUSINESS. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICES SHALL NOT EXCEED THE AMOUNTS YOU PAID TO BRINK FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.

12. Indemnification

You agree to indemnify and hold harmless Brink and its personnel from claims arising out of your content, your misuse of services, your violation of these Terms or law, or infringement of third-party rights by materials you provide.

13. Termination

Either party may terminate a Service Agreement as provided therein or for material breach uncured after reasonable notice. We may suspend or terminate website access or hosting for violations of these Terms or the Acceptable Use Policy. Provisions that by nature should survive (IP, payment, liability, indemnity) will survive termination.

14. Governing Law

These Terms are governed by the laws of the applicable jurisdiction in which Brink operates, without regard to conflict-of-law principles, unless a Service Agreement specifies otherwise. Courts in that jurisdiction shall have exclusive venue, except where mandatory consumer protections apply.

15. Changes

We may update these Terms by posting a revised version with a new "Last updated" date. Material changes to ongoing paid services will be communicated where reasonably practicable. Continued use after changes constitutes acceptance where permitted by law.

16. Contact

Brink Industries & Development
Legal: legal@brinkindustries.dev
General: hello@brinkindustries.dev