Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Brickser LLC (“Brickser,” “we,” “us,” or “our”) governing your access to and use of our website, platform, services, tools, AI features, components, templates, sections, elements, and any related content (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease all use of the Services.


1. Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use the Services. By using the Services, you represent and warrant that you meet this requirement, have the legal capacity to enter into a binding agreement, and are not prohibited from using the Services under any applicable law.


2. Account Registration and Security

2.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

2.2 Account Responsibility

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You are fully responsible for all activities that occur under your account, whether or not authorized by you. You agree to immediately notify us at [email protected] if you become aware of any unauthorized use of your account or any other breach of security.

2.3 Account Termination by Brickser

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice, including but not limited to cases where you violate these Terms. Upon termination, your right to use the Services will immediately cease.


3. Services Description

Brickser provides a library of components, templates, sections, elements, and AI-powered website building tools designed primarily for use with Bricks Builder for WordPress. Our Services may include, but are not limited to:

  • Pre-built website components, templates, sections, and elements.
  • Brickser AI — an AI-powered feature for generating and assembling website components, templates, sections, pages, and content including stock imagery.
  • Access to downloadable or copy-paste code (including JSON) for use in compatible environments.
  • Subscription-based access to our library and tools.

We reserve the right to modify, update, discontinue, or restrict any part of the Services at any time, with or without notice, and without liability to you.


4. Subscription, Payments, and Billing

4.1 Subscription Plans

Access to certain features of the Services requires a paid subscription. Details of available plans, pricing, and features are listed on our website and may change at any time. We will provide reasonable notice of pricing changes to active subscribers.

4.2 Payment Processing

All payments are processed through SureCart, which utilizes Stripe as the payment processor. By making a purchase, you agree to the terms and policies of SureCart and Stripe. We do not directly collect, store, or have access to your full credit card or payment account details.

You agree to provide accurate and complete billing information and authorize us (through our payment processors) to charge the applicable fees to your chosen payment method.

4.3 Refund Policy

Annual (Yearly) Subscriptions:

Refunds for annual subscriptions may be requested within seven (7) days of the initial charge, provided the Services have not been significantly used during that period. “Significant use” includes, but is not limited to, downloading, copying, or deploying components, templates, sections, or elements, or generating content through Brickser AI features. To request a refund, please contact us at [email protected] within the 7-day window. After the 7-day period, all annual subscription payments are final and non-refundable.

Monthly Subscriptions:

All payments for monthly subscriptions are final and non-refundable. You are responsible for canceling before the end of your trial or billing period to avoid charges. No refunds, credits, or reimbursements will be issued for monthly subscriptions for any reason, including but not limited to:

  • Partial use or non-use of the Services during a billing period.
  • Dissatisfaction with the Services, features, components, templates, sections, elements, or AI-generated outputs.
  • Changes to or discontinuation of any features or Services.
  • Account suspension or termination due to a violation of these Terms.
  • Technical issues, downtime, or service interruptions.
  • Duplicate purchases or accidental transactions.

Brickser reserves the sole discretion to determine whether the Services have been “significantly used” and whether a refund request qualifies under this policy.

4.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at [email protected]. Upon cancellation:

  • Your subscription will remain active until the end of the current billing period.
  • You will not be charged for subsequent billing periods.
  • No refunds or prorated credits will be issued for the remaining time in the current billing period (except as outlined in Section 4.3 for eligible annual subscription refunds).
  • Your access to paid features will terminate at the end of the current billing period.

4.5 Free Trials and Promotional Offers

If we offer a free trial or promotional pricing, such offers are subject to additional terms that will be communicated at the time of the offer. We reserve the right to modify or withdraw any promotional offer at any time.


5. Brickser AI — Terms of Use

5.1 Description

Brickser AI is an AI-powered feature that enables users to generate, modify, and assemble website components, templates, sections, elements, and pages. Brickser AI utilizes third-party artificial intelligence technology to process and generate content. Brickser AI may also incorporate stock imagery sourced from third-party platforms (see Section 7.2).

5.2 Acceptable Use of Brickser AI

When using Brickser AI, you agree that you will NOT:

  • Use AI features to generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
  • Use AI features to generate malware, phishing pages, deceptive websites, or any content designed to defraud or mislead others.
  • Use AI features to infringe upon or violate the intellectual property rights of any third party.
  • Use AI features to generate content that promotes discrimination, hate speech, violence, or illegal activity.
  • Attempt to reverse-engineer, extract, or replicate the underlying AI models, algorithms, or technology.
  • Submit any sensitive personal information (such as financial data, health records, government-issued identifiers, or passwords) through AI features.
  • Use AI features to generate content that impersonates any person, entity, or brand.
  • Use automated scripts, bots, or other tools to access Brickser AI in a manner that exceeds normal human usage or places an unreasonable load on our systems.
  • Resell, redistribute, or sublicense direct access to Brickser AI as a standalone service.

5.3 AI Output Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT:

  • AI-generated outputs are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranty of any kind.
  • AI-generated outputs may contain errors, inaccuracies, bugs, security vulnerabilities, incomplete code, or unsuitable content. You are solely responsible for reviewing, testing, validating, and deploying any AI-generated output.
  • Brickser makes no representations or warranties regarding the accuracy, reliability, completeness, fitness for a particular purpose, or suitability of any AI-generated content.
  • Brickser is not liable for any damages, losses, costs, or liabilities arising from your use of, reliance on, or deployment of AI-generated outputs, including but not limited to website malfunctions, security breaches, data loss, accessibility failures, legal non-compliance, or business losses.
  • Similar or identical AI-generated outputs may be produced for other users. You have no claim to exclusivity over any AI-generated content.
  • AI-generated outputs may not be eligible for copyright protection in all jurisdictions. Brickser makes no guarantees regarding the intellectual property status of AI-generated content.

5.4 Third-Party AI Infrastructure

Brickser AI relies on third-party AI infrastructure providers. By using Brickser AI, you acknowledge that:

  • Your inputs and prompts may be transmitted to third-party AI infrastructure providers for processing.
  • Third-party AI providers’ own terms of service, acceptable use policies, and privacy policies may apply to the processing of your data by their systems.
  • Brickser has no control over third-party AI providers’ services, availability, performance, data handling practices, or policy changes.
  • Brickser is not responsible or liable for any actions, omissions, outages, data handling, or policy changes by any third-party AI infrastructure provider.
  • We reserve the right to change the underlying AI infrastructure provider at any time without prior notice.

5.5 Usage Limits

Brickser AI features may be subject to usage limits, rate limits, or fair use restrictions based on your subscription plan. We reserve the right to throttle, restrict, or suspend AI access if we determine that usage is excessive, abusive, or detrimental to the performance of our Services.


6. Intellectual Property

6.1 Brickser’s Intellectual Property

All content, code, designs, components, templates, sections, elements, trademarks, logos, UI designs, documentation, and other materials provided through the Services (excluding AI-generated outputs and User Content) are the exclusive property of Brickser or its licensors and are protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, reverse-engineer, decompile, or disassemble any part of our proprietary materials except as expressly permitted by these Terms or your subscription license.

6.2 License to Use Components, Templates, Sections, and Elements

Subject to your active subscription and compliance with these Terms, Brickser grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Use, modify, and deploy Brickser components, templates, sections, and elements in your own website projects (personal or client).
  • Use the generated code in an unlimited number of projects during your active subscription period.

This license does NOT permit you to:

  • Redistribute, resell, sublicense, or share Brickser components, templates, sections, elements, or code as a standalone product, template pack, theme, or competing library.
  • Claim ownership of Brickser’s original designs, code architecture, templates, or elements.
  • Use Brickser components, templates, sections, or elements in any product or service that competes directly with Brickser.
  • Share your account credentials or subscription access with others.
  • Make Brickser components, templates, sections, or elements available for download or copy on any public-facing platform.

Violation of these licensing terms may result in immediate termination of your account and subscription without refund, and Brickser reserves the right to pursue all available legal remedies.

6.3 AI-Generated Content

For content generated through Brickser AI:

  • You may use, modify, and deploy AI-generated outputs in your projects, subject to these Terms.
  • Brickser does not claim ownership over AI-generated outputs produced for you.
  • However, Brickser makes no guarantee of exclusivity, originality, or intellectual property protection for AI-generated content. Similar outputs may be generated for other users.
  • You are solely responsible for ensuring that your use of AI-generated content complies with all applicable laws, including intellectual property laws, in your jurisdiction.

6.4 User Content

You retain ownership of any original content you create or upload to the Services (“User Content”). By submitting User Content, you grant Brickser a non-exclusive, worldwide, royalty-free license to use, process, and transmit your User Content solely for the purpose of providing and improving the Services (including processing through Brickser AI).

You represent and warrant that you have all necessary rights to submit your User Content and that it does not infringe upon the rights of any third party.


7. Third-Party Services and Integrations

7.1 Third-Party Dependencies

The Services rely on and integrate with various third-party services, including but not limited to:

  • Stripe — Payment processing.
  • SureCart — E-commerce and subscription management.
  • Cloudflare — Content delivery, hosting, security, and DDoS protection.
  • Unsplash — Stock imagery used within AI-generated and pre-built content.
  • Pexels — Stock imagery used within AI-generated and pre-built content.
  • WordPress / Bricks Builder — The CMS and page builder ecosystem with which our components, templates, sections, and elements are designed to be compatible.

7.2 Stock Imagery — Unsplash & Pexels

Brickser AI and our pre-built components, templates, sections, and elements may include stock photographs and images sourced from Unsplash and Pexels. By using these images through our Services, you acknowledge and agree that:

  • Images sourced from Unsplash are provided under the Unsplash License, which permits free use for commercial and non-commercial purposes without requiring attribution (though attribution is appreciated).
  • Images sourced from Pexels are provided under the Pexels License, which permits free use for personal and commercial purposes without requiring attribution.
  • License compliance is your responsibility. While Unsplash and Pexels currently offer generous free-use licenses, their terms may change at any time. You are solely responsible for reviewing and complying with the applicable license terms for any stock imagery you use in your projects.
  • Brickser makes no representations or warranties that any stock images included in AI-generated or pre-built content are free from third-party claims, rights, or restrictions.
  • Brickser is not liable for any claims, damages, or losses arising from your use of stock imagery, including but not limited to intellectual property disputes, model release issues, trademark claims, or license violations.
  • You may not use stock images sourced through our Services to create competing stock photography products or services.
  • Certain uses of stock imagery may be restricted by the original license (such as use in defamatory, misleading, or unlawful content). You are responsible for ensuring your use complies with all applicable license restrictions.

7.3 Third-Party Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT:

  • Brickser is not responsible or liable for the availability, performance, security, data handling, pricing, or policies of any third-party service.
  • Changes, outages, discontinuations, or policy updates by any third-party provider may affect the functionality, availability, or features of our Services, and Brickser shall have no liability for such impacts.
  • Your use of third-party services is governed by their respective terms of service and privacy policies. We encourage you to review those terms directly.
  • Brickser does not warrant or guarantee compatibility with any specific version of WordPress, Bricks Builder, or any other third-party software. Compatibility may change due to updates by third parties, and Brickser is not obligated to maintain compatibility with any specific third-party software version.

8. Prohibited Uses

You agree not to use the Services to:

  • Violate any applicable local, state, national, or international law or regulation.
  • Infringe upon the intellectual property, privacy, or other rights of any third party.
  • Distribute malware, viruses, or any other harmful or malicious code.
  • Attempt to gain unauthorized access to any part of the Services, other user accounts, or any connected systems or networks.
  • Interfere with, disrupt, or place an unreasonable burden on the Services or the infrastructure supporting them.
  • Engage in any form of data scraping, crawling, or automated data collection from the Services without express written permission.
  • Use the Services for any fraudulent, deceptive, or misleading purpose.
  • Circumvent, disable, or otherwise interfere with any security, access control, or rate-limiting features of the Services.
  • Resell, redistribute, or sublicense access to the Services or any part thereof unless expressly authorized.

9. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL CONTENT, COMPONENTS, TEMPLATES, SECTIONS, ELEMENTS, AI FEATURES, STOCK IMAGERY, CODE, AND MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRICKSER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES of merchantability, fitness for a particular purpose, title, and non-infringement.
  • WARRANTIES REGARDING the accuracy, reliability, completeness, or timeliness of any content, components, templates, sections, elements, stock imagery, or AI-generated outputs.
  • WARRANTIES THAT the Services will be uninterrupted, error-free, secure, virus-free, or free of harmful components.
  • WARRANTIES OF COMPATIBILITY with any specific software, browser, device, hosting environment, or third-party service.
  • WARRANTIES THAT any defects will be corrected or that the Services will meet your specific requirements or expectations.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. You assume full responsibility for any consequences arising from your use of the Services, components, templates, sections, elements, stock imagery, code, or AI-generated outputs, including any damage to your computer systems, data loss, or any other harm.


10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

BRICKSER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities.
  • Loss of data or data breaches.
  • Loss of goodwill or reputation.
  • Cost of procurement of substitute goods or services.
  • Website downtime, malfunctions, or performance issues.
  • Damages arising from AI-generated content, including errors, inaccuracies, bugs, or security vulnerabilities.
  • Damages arising from the use of stock imagery, including intellectual property disputes or license violations.
  • Damages caused by third-party services, including Stripe, SureCart, Cloudflare, Unsplash, Pexels, or WordPress/Bricks Builder.
  • Any unauthorized access to or alteration of your transmissions or data.

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), EVEN IF BRICKSER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BRICKSER’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE LESSER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO BRICKSER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


11. Indemnification

You agree to indemnify, defend, and hold harmless Brickser, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

  • Your use or misuse of the Services.
  • Your violation of these Terms.
  • Your violation of any applicable law, regulation, or third-party right.
  • Your User Content or any content you create, deploy, or distribute using the Services or AI-generated outputs.
  • Any claim that your use of AI-generated content or stock imagery infringes upon the intellectual property or other rights of a third party.
  • Any dispute between you and any third party related to the Services.
  • Any claim arising from websites, applications, or products you build using Brickser components, templates, sections, elements, stock imagery, or AI features, including claims related to accessibility, security, privacy, or legal compliance.

This indemnification obligation shall survive the termination of these Terms and your use of the Services.


12. Service Availability and Modifications

12.1 No Uptime Guarantee

We strive to maintain the availability of the Services but do not guarantee uninterrupted, continuous, or error-free access. The Services may be subject to scheduled or unscheduled downtime for maintenance, updates, or other reasons.

12.2 Right to Modify

Brickser reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the Services (including features, components, templates, sections, elements, AI capabilities, pricing, or subscription plans) at any time, with or without notice, and without liability to you.

12.3 Force Majeure

Brickser shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, pandemics, wars, terrorism, labor disputes, power failures, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.


13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of laws principles.

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through the state or federal courts located in Wyoming, and you hereby consent to the exclusive jurisdiction and venue of such courts.

13.3 Waiver of Class Action

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Brickser.


14. Termination

14.1 Termination by You

You may terminate your account and stop using the Services at any time. Cancellation of your subscription is governed by Section 4.4.

14.2 Termination by Brickser

We may suspend or terminate your account and access to the Services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Violation of these Terms or any applicable law.
  • Fraudulent, abusive, or illegal activity.
  • Non-payment of applicable fees.
  • At our sole discretion, for any reason or no reason.

14.3 Effects of Termination

Upon termination of your account:

  • Your license to use the Services, components, templates, sections, elements, and AI features is immediately revoked.
  • You may continue to use components, templates, sections, and elements already deployed in live projects created during your active subscription, but you may not access, download, or copy additional materials.
  • No refunds will be issued (except as outlined in Section 4.3 for eligible annual subscription refunds within the 7-day window).
  • Brickser may delete your account data, User Content, and associated information, without obligation to retain or provide copies.
  • Sections 6, 9, 10, 11, 13, and 14.3 of these Terms shall survive termination.

15. DMCA and Intellectual Property Complaints

If you believe that any content on our platform infringes your intellectual property rights, please contact us at [email protected] with the following information:

  • A description of the copyrighted work or intellectual property you claim has been infringed.
  • A description of where the allegedly infringing material is located on our platform.
  • Your contact information (name, address, email, phone number).
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • Your physical or electronic signature.

16. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.


17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.


18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Brickser regarding the Services and supersede all prior or contemporaneous communications, representations, agreements, and understandings, whether oral or written.


19. Waiver

The failure of Brickser to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Brickser.


20. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Brickser. Brickser may assign its rights and obligations under these Terms without restriction.


21. Changes to These Terms

We reserve the right to update or modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this page. Material changes will be communicated through reasonable means, such as a notice on our website or an email to registered users.

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Services.


22. Contact Us

If you have any questions, concerns, or requests regarding these Terms, please contact us at:

Brickser Email: [email protected]