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Terms of Service

Last updated: October 17, 2024

1. Agreement to Terms

By accessing or using BRX ("the Service"), a command-line tool for iOS development distributed by The GPT Pros ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service following any changes constitutes acceptance of those changes.

2. License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use BRX for your personal or commercial iOS development projects.

License Types:

  • Free Trial: 3 builds for evaluation purposes
  • Yearly License: 1 year of unlimited builds on 1 device
  • Lifetime License: Perpetual unlimited builds on 1 device

3. License Restrictions

You agree NOT to:

  • Reverse engineer, decompile, or disassemble the Service
  • Modify, adapt, or create derivative works of the Service
  • Share, rent, lease, or sublicense your license key
  • Use the Service to develop competing products or services
  • Remove or alter any proprietary notices or labels
  • Use the Service for any illegal or unauthorized purpose
  • Circumvent license validation or build limits
  • Use the Service in violation of Apple's Developer Agreement

4. Fees and Payment

Certain features of the Service require payment. You agree to pay all fees associated with your account. All fees are non-refundable except as required by law or as explicitly stated in our refund policy.

Refund Policy: We offer a 14-day money-back guarantee from the date of purchase. To request a refund, contact support@brx.dev with your license key and reason for the refund.

We reserve the right to change our pricing at any time. Price changes will not affect existing active licenses but will apply to new purchases and renewals.

5. Account Security

You are responsible for maintaining the confidentiality of your license key. Any activities that occur under your license are your responsibility. You must immediately notify us of any unauthorized use of your license.

We reserve the right to suspend or terminate licenses that we believe have been compromised or are being used fraudulently.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • TITLE
  • THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THAT DEFECTS WILL BE CORRECTED
  • THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
  • BUSINESS INTERRUPTION
  • DAMAGES RESULTING FROM USE OR INABILITY TO USE THE SERVICE
  • DAMAGES RESULTING FROM ERRORS, MISTAKES, OR INACCURACIES
  • DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR DATA
  • DAMAGES RESULTING FROM THIRD-PARTY CONDUCT OR CONTENT

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

8. Indemnification

You agree to indemnify, defend, and hold harmless The GPT Pros, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Any applications you create or distribute using the Service
  • Your violation of Apple's Developer Agreement or App Store guidelines

9. Third-Party Dependencies

BRX relies on third-party tools and services, including but not limited to:

  • Apple Xcode and Command Line Tools
  • Apple iOS Simulator
  • Swift Package Manager
  • Various open-source libraries

We are not responsible for the availability, functionality, or terms of these third-party services. You are responsible for complying with all third-party terms and agreements.

10. Apple-Specific Terms

BRX is not affiliated with, endorsed by, or sponsored by Apple Inc. You acknowledge that:

  • You must comply with Apple's Developer Program License Agreement
  • You are responsible for all code signing and provisioning
  • You are responsible for compliance with App Store Review Guidelines
  • We are not liable for App Store rejections or removals
  • BRX is a tool; Apple is not a party to these Terms

11. Intellectual Property

BRX and all related trademarks, service marks, logos, and content are owned by The GPT Pros. You retain all rights to applications you create using the Service.

We respect intellectual property rights. If you believe your intellectual property has been infringed, contact us at support@brx.dev with detailed information about the alleged infringement.

12. Termination

We may suspend or terminate your license at any time for any reason, including:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of fees
  • Abuse or misuse of the Service

Upon termination, your license is revoked and you must cease all use of the Service. Sections 3, 6, 7, 8, 11, 13, and 14 survive termination.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. You waive any right to a jury trial or to participate in a class action.

The arbitration shall take place in San Francisco, California. Each party shall bear its own costs and fees.

14. General Provisions

Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your license without our written consent. We may assign these Terms without restriction.

Export Control

You agree to comply with all applicable export and import laws. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country.

15. Contact Information

For questions about these Terms, please contact us:

The GPT Pros

Email: support@brx.dev

Website: brx.dev

By using BRX, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.