Terms of Use
(Effective as of August 1st 2024)
Welcome to www.countbricks.com, a website (the “Site”) and the Countbricks application (the “App”) operated by CountBricks.com Ltd (the “Company”).
The following Terms of Use (“Terms”) apply when you use any part of the “Site” and/or download the App and/or click “I accept” to these Terms. The term "Site" is often used in these Terms to refer to both the Site and App collectively.
Please review these Terms carefully. By accessing or using the Site or App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Site or App.
ABOUT THE SITE
The Site uses artificial intelligence (“AI”) to create estimates, measure using takeoff tools, and create and send professional quotes and invoices.
Services provided via the Site are called the “Service.”
The Site allows you to register for the Service. As discussed in our Privacy Policy https://www.countbricks.com/utilities/privacy-policy, when you register for the Service you'll be asked to provide certain information about yourself, such as your name, company name, email address and business address .
Users will be asked to create a password.
Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
PAID SERVICES
To use the paid Service, users will be charged fees. Fees are currently collected via Stripe and Google subscriptions (our "Billing Service Providers"), which each has its own legal terms.
You will be required to enter your payment information before you can use the paid Service.
You will be required to provide the Company and/or its Billing Service Provider with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges, you must notify the Company within thirty (30) days after the date that you are billed.
You can terminate your use of the Service, change your password, and otherwise manage your account using the Site and App.
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change on the Site or App or in an email to you, at Company’s option, at least 14 days before the change is to take effect. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount.
If you properly terminate your paid account, you will not be charged for future months (for a monthly subscription) or years (for an annual subscription). However, you will not receive a refund for a subscription or Services for which you have paid.
Your subscription will auto-renew until terminated.
Terms of subscriptions
iTunes
Payment for an App subscription will be charged to the iTunes Account when you confirm the purchase. A subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. The iTunes Account will be charged within 24-hours prior to the end of the current period at the price specified for current subscription. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. Any unused portion of the free trial period will be forfeited if and when you purchase a subscription. You will be able to use the app on multiple devices, as allowed by Apple's in-app purchase policy.
Android
When signing up for the App on an Android device, payment will be charged to your Google Play Account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current billing period. Depending on the subscription duration and plan level of your account, your subscription will auto-renew monthly. Auto-renewal can be turned off, as well as other subscription management done, by going to your Google Play Subscriptions after purchase. For more information, see: https://support.google.com/googleplay/answer/2476088.
USE OF THE SITE
You need to be at least 18 years old to use the Site.
You hereby affirm we have the right to terminate your account with or without prior notice or cause.
USE RESTRICTIONS
Your permission to use the Site is conditioned upon the following restrictions and conditions.
You agree that you will not:
· use, display, mirror or frame the Site or any individual element within the Site, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page or within the App, without Company’s express written consent;
· access, tamper with, or use non-public areas of the Site, Company’s computer systems, or the technical delivery systems of Company’s providers;
· attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
· avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Site;
· use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;
· use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms;
· forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
· collect or store any personally identifiable information from the Site or from other users of the Site without their express permission;
· impersonate or misrepresent your affiliation with any person or entity;
· sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Site available to any third party;
· use the Site for any unlawful purpose or for the promotion of illegal activities;
· use the Site to attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission;
· interfere or attempt to interfere with the proper functioning of the Site;
· make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Site, the App, or the software used to provide the Service;
· bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
· publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or
· encourage or enable any other individual to do any of the foregoing.
MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Site or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable, illegal, or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
INTELLECTUAL PROPERTY
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
API LICENSE
Subject to these Terms, Company grants you a worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, revocable and limited license to use and make calls to the API at api.countbricks.com (“API”) solely in connection with developing, implementing and distributing your application that interoperates or integrates with the Service, and solely in the manner described in the Terms and in the technical documentation contained in the API.
FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You may submit Feedback by emailing us at support@countbricks.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site and/or Services; or (b) your violation of any law or rights of any third party.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to support@countbricks.com.
WARRANTY DISCLAIMER
The Site uses AI, and the results are only a prediction. You should always check all information, measurements, and pricing generated by the Site for correctness and validity.
THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
THE COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OR INABILITY TO USE THE SITE. WE DO NOT STATE OR WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE SITE; (B) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
MODIFICATION OF TERMS OF USE
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
PRIVACY POLICY
The Company respects the privacy of its users. Please refer to our Privacy Policy (https://www.countbricks.com/utilities/privacy-policy, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you show that you agree to this Privacy Policy.
GENERAL TERMS
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the laws of the United Kingdom, without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the London Court of International Arbitration. The arbitration will be held in London, England.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.
APPLE APP STORE ADDITIONAL LICENSE TERMS
If the App is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:
a) The parties acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App.
b) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ (the “Apple EULA Terms”) or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html (the “Apple App Store Terms”) as of the Effective Date, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply to the extent of such inconsistency or conflict.
GOOGLE PLAY ADDITIONAL LICENSE TERMS
If the App is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use:
a) You acknowledge that Google is not responsible for providing support services for the App.
b) If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distribution-agreement.html (the “Google EULA Terms”) as of the Effective Date, the terms and conditions of Google EULA Terms will apply to the extent of such inconsistency or conflict.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: Current rates for the Service are here. You may contact us at support@countbricks.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
YOUR AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
