Terms of Service — Brixus365

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Terms of Service

Last updated: 2026-05-03

These Terms of Service ("Terms") govern your use of the Brixus365 platform and related services provided by Brixus Technologies Private Limited ("Brixus365", "we", "us", "our"). By creating an account or using the Service, you agree to these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. Where these Terms refer to "you", we mean both you personally and that entity.

These Terms are effective as of 2026-05-03 and supersede all prior versions.

1. Definitions

  • "Service" — the Brixus365 platform, including the web application at app.brixus365.com, the API, the MCP server, the dashboard, all related tooling, and any successor service.
  • "Account" — your registered access to the Service.
  • "Customer Content" — content you submit, upload, or generate through the Service, including email templates, recipient lists, campaign content, transactional message templates, and account configuration.
  • "Recipient Data" — data about your email recipients (name, email, custom fields) that you upload or generate through the Service.
  • "Authorised Users" — individuals you authorise to access your Account on your behalf (employees, contractors).
  • "Subscription" — your paid plan, including any add-ons or credit purchases.

2. Account registration and Authorized Users

2.1 Account creation

You must provide accurate, current, and complete information when registering. You must be at least 18 years old.

2.2 Account security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account. Notify us immediately at info@brixus365.com of any unauthorised access.

2.3 Authorized Users

You may invite Authorized Users. You remain responsible for their compliance with these Terms.

3. Use of the Service

3.1 License

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service.

3.2 Acceptable Use Policy

Your use of the Service is governed by our Acceptable Use Policy ("AUP") at brixus365.com/acceptable-use. By using the Service, you agree to the AUP. Violations may result in suspension or termination as set out below.

3.3 Restrictions

You may not, and you may not permit anyone else to:

  • Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Service;
  • Use the Service to build a competing product;
  • Resell, white-label, or sublicense the Service except as expressly permitted;
  • Bypass or circumvent rate limits, access controls, or security mechanisms;
  • Use the Service in violation of any applicable law, including anti-spam laws.

4. Customer Content and Recipient Data

4.1 Ownership

You retain all rights, title, and interest in and to Customer Content and Recipient Data. We claim no ownership over what you upload.

4.2 Licence to us

You grant us a worldwide, royalty-free, non-exclusive licence to host, store, process, transmit, and display Customer Content solely as necessary to provide the Service to you.

4.3 Your responsibilities

You represent and warrant that:

  • You have all rights necessary to upload Customer Content and Recipient Data and to grant the licence above.
  • Recipient Data you upload was collected with appropriate consent under applicable law (the AUP describes our specific consent requirements).
  • Customer Content does not infringe any third-party rights and complies with all applicable laws.

4.4 Data processing

Where you upload personal data of third parties (for example, recipient email addresses), you remain the data controller and we are your data processor (or, in DPDP terms, you are the Data Fiduciary and we are the Data Processor). The Privacy Policy and (where required) a Data Processing Addendum govern our handling of such data.

5. Subscriptions, fees, and billing

5.1 Plans

Pricing and plan details are at brixus365.com/pricing. We may change pricing with at least 30 days' notice; existing paid commitments are honoured until the end of the paid period.

5.2 Payment

  • Subscriptions are billed in advance, monthly or yearly. Credits ("pay-as-you-go") are pre-purchased.
  • Payment is processed by Razorpay. By providing payment information, you authorise us to charge the applicable fees.
  • Fees are non-refundable except as expressly provided in these Terms.

5.3 Taxes

All fees are exclusive of applicable taxes (e.g. GST). We will charge applicable taxes as required by law.

5.4 Free tier

We may offer a free tier. The free tier may have rate limits, feature limits, or other restrictions. We may modify or discontinue the free tier at any time with notice.

5.5 Failed payments

If a payment fails, we may suspend your Account after reasonable notice. Continued non-payment may result in termination.

5.6 Refunds

Refunds are at our discretion and are not given for partial billing periods, unused features, or AUP violations.

6. Intellectual property

6.1 Our IP

The Service, including all underlying software, designs, content, trademarks, and documentation, is owned by Brixus365 or our licensors. These Terms grant you only the limited licence in Section 3.1; they do not grant any other rights.

6.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, we may use them without obligation to you. We will not identify you publicly without your permission.

7. Confidentiality

Each party may receive confidential information of the other. Each party agrees to:

  • Use the other's confidential information only as needed to perform under these Terms;
  • Protect such information with reasonable care;
  • Not disclose such information except to its employees, contractors, and advisers who need to know and are bound by confidentiality.

This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

8. Service availability

We will use commercially reasonable efforts to keep the Service available 24/7. We do not currently publish a formal Service Level Agreement (SLA). Planned maintenance will be announced via the in-app status indicator or by email where practical.

9. Suspension and termination

9.1 Suspension

We may suspend your Account or specific Service functions (with notice where reasonably possible) if:

  • You materially breach these Terms or the AUP;
  • Your use poses a security, legal, or operational risk;
  • Required by law or by a legal authority;
  • Payment is overdue.

For AUP violations, see also the AUP for the specific suspension and review process.

9.2 Termination

  • For convenience: you may close your Account at any time from the dashboard. Annual subscriptions remain payable through the end of the term.
  • For breach: either party may terminate for material breach with 30 days' written notice if the breach is not cured during that period. We may terminate immediately for AUP violations involving illegal content, abuse, or recipient harm.
  • At our discretion: we may discontinue the Service entirely with at least 90 days' notice, in which case we will provide pro-rated refunds for unused subscription periods.

9.3 Effect of termination

Upon termination:

  • Your access to the Service is revoked.
  • Customer Content may be retained for the period set out in the Privacy Policy, then deleted.
  • Outstanding fees become immediately due.
  • Sections that by their nature survive (Confidentiality, IP, Disclaimers, Liability, Indemnification, Governing Law) continue.

10. Disclaimers and warranties

The Service is provided "as is" and "as available", without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted operation.

We do not warrant that:

  • The Service will be error-free, secure, or uninterrupted;
  • Any specific email will be delivered to a recipient's inbox (deliverability depends on factors outside our control, including recipient-mailbox provider rules and your sending practices);
  • The Service will meet your specific business requirements.

You assume all risk of using the Service for any business-critical purpose.

11. Limitation of liability

To the maximum extent permitted by law:

  • Cap. Our total cumulative liability arising out of or relating to these Terms is limited to the lesser of (a) the fees you paid us in the 12 months preceding the event giving rise to the claim, or (b) ₹100,000 (INR one hundred thousand).
  • Excluded damages. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, lost profits, lost revenue, or lost data, even if advised of the possibility.
  • Exception. These limits do not apply to (i) your payment obligations, (ii) breaches of confidentiality, (iii) IP infringement, or (iv) liability that cannot be limited by law.

12. Indemnification

You will defend, indemnify, and hold harmless Brixus365 and our officers, directors, employees, and agents from any third-party claim arising out of:

  • Your Customer Content or Recipient Data;
  • Your breach of these Terms or the AUP;
  • Your violation of any law or third-party right.

13. Governing law and dispute resolution

13.1 Governing law

These Terms are governed by the laws of India.

13.2 Forum

Any dispute will be subject to the exclusive jurisdiction of the courts of Pune, Maharashtra, India.

13.3 Mediation first

Before commencing court proceedings, the parties will attempt in good faith to resolve any dispute through mediation. The party initiating mediation will give the other written notice describing the dispute and proposing a mediator. If the parties cannot agree on a mediator within 30 days, they may proceed to court.

14. Modifications

We may revise these Terms from time to time. For material changes, we will notify you by email at least 30 days before they take effect. Continuing to use the Service after that date means you accept the updated Terms; if you do not accept, you may close your Account.

15. Notices

Notices to you may be given by email to the address on your Account. Notices to us must be in writing to:

Brixus Technologies Private Limited
S.No. 128/1B/1, Pashan, Sus, Haveli
Pune – 411021, Maharashtra, India
Email: info@brixus365.com

16. Miscellaneous

  • Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or asset sale, with notice.
  • Severability: If any provision is held unenforceable, the rest remains in force.
  • Entire agreement: These Terms, together with the Privacy Policy and AUP, are the entire agreement between you and us regarding the Service.
  • No waiver: Our failure to enforce a provision is not a waiver of our right to enforce it later.
  • Force majeure: Neither party is liable for delays caused by events beyond reasonable control.