Brew Digital Terms and Conditions

1. Terms of use

These terms and conditions (“Terms”) shall govern your access and use of this website (www.brewdigital.com) together with any sub-sites (each a “Website” and collectively the “Websites”), as well as your access and use of related Materials (as defined below) on the Websites. The Websites are operated by Clever Consultants Limited, a company incorporated in England and Wales (company number 09932573) (trading as “Brew Digital”). Brew Digital is a subsidiary of Adaptavist Group Limited (UK company number 06878779). Adaptavist Group Limited and its affiliates and subsidiaries are together known as “Adaptavist Group”. Adaptavist Group may in turn manage aspects of the Websites. Each individual Website may also contain notices or supplementary terms and conditions of various forms, in which case terms outlined in such notices or terms and conditions, in combination with the terms below, shall then constitute the “Terms.” If there is a conflict between the notices or supplementary terms found on an individual Website and the terms below, the notices or supplementary terms on an individual Website shall take precedence with respect to your use of that Website. By accessing or using a Website or the Materials provided on a Website, you agree to follow and be bound by these Terms, as well as Brew Digital’s Privacy Policy. Brew Digital or Adaptavist Group may update these Terms from time to time without notice to you. Amendments to these Terms will be effective upon publication to the relevant Website and operate as a condition of your continued use of the Website or Materials. You must review Brew Digital’s Terms whenever you use a Website or Materials. Use of the Websites will be subject to the current version of the Terms available on the Website at the time of such use.

2. General Use Restrictions

All products, goods, software, scripts, and services (including hosted software as a service or similar services) created by Brew Digital or Adaptavist Group are known as the “Software”. All documents, web pages, logos, blogs, videos, graphics, sounds or images are known as “Content.” Software and Content, together with anything else on the Website, are known as “Materials,”; all Materials on the Websites were provided by Brew Digital or by the respective manufacturers, authors, developers and vendors of the Materials (the “Third Party Providers”). All Materials are the copyrighted work of Brew Digital and/or the Third Party Providers. Except as stated herein or expressly on a Website, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Brew Digital and, if applicable, the Third Party Provider. For avoidance of doubt, you also may not, without Brew Digital’s prior express written permission, link to or “mirror” any Website or any Material contained on a Website.

2.1. No License

Furthermore, nothing on the Websites shall be construed as conferring any license under any of Brew Digital, any member of Adaptavist Group, or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses.

2.2. Unauthorised or unlawful use

Any unauthorised use of any Materials contained on the Websites may violate copyright laws, intellectual copyright laws, trademark laws, the laws of privacy and publicity, and various regulations and statutes. You agree not to use this site nor any Materials for any unlawful purposes, or for any purposes that would violate the Terms.

2.3. Your content

You agree that any material that you upload or otherwise share on or through the Websites is material for which you have the right and authority to share. Unless otherwise specifically stated in these Terms, you grant Brew Digital and Adaptavist Group Limited a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the material for whatever purposes, commercial or otherwise, Brew Digital or Adaptavist Group Limited chooses.

2.4. Your use of the site

You agree to use the Website in a reasonable and obvious way for which it was established, and not in any way that might overload or stress the site. You furthermore agree not to attempt to reverse engineer any part of the site or gain access to areas of the site or Materials to which you are not clearly entitled.

3. Third Party Content Disclaimer

Materials provided by Third Party Providers have not been independently authenticated in whole or in part by Brew Digital. Brew Digital is committed to respecting others’ intellectual property rights, and we require our users to do the same. Brew Digital may, at its sole discretion, terminate the accounts or access rights of users who infringe or otherwise violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Websites, please contact us at hello@brewdigital.uk.

4. Links to Third Party Sites

The Websites may be linked to other websites which are not under the control of and are not maintained by Brew Digital. Brew Digital is not responsible for the content of those sites. Brew Digital is providing these links to you only for your convenience, and the inclusion of any link to such sites does not imply endorsement by Brew Digital of those sites. You bear all risks associated with your access, or use, of those sites and any third party content, products and services available on or by means of those sites.

5. Disclaimer of Warranty

Unless otherwise explicitly stated, the Websites and Materials are provided 'as is', and all express or implied conditions, representations and warranties, including any implied warranty of merchantability, accuracy, fitness for a particular purpose, or non-infringement are disclaimed to the maximum extent permitted by law. Brew Digital makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the Content, nor that access to or use of the Websites or any Software shall be uninterrupted or without delays or errors.

6. Limitation of Liability and Exclusion of Consequential Loss

Neither Brew Digital or any member of Adaptavist Group shall be liable for any loss or interruption of business, revenue, profits, use, data, wasted expenditure or other economic disadvantage, nor any indirect, punitive, special, incidental, or consequential damages suffered as a result of using the Websites, or the Materials provided on a Website. You shall hold Brew Digital and all members of Adaptavist Group harmless from any claims by yourself or your customer(s) for such losses. The remedies set forth herein are exclusive to the greatest extent permitted by law, and Brew Digital and all members of Adaptavist Group’s aggregate liability whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis shall not exceed $10 (Ten US Dollars) and you shall hold Brew Digital and all members of Adaptavist Group harmless for all losses in excess of this sum. The foregoing exclusions and limitations of liability shall apply however such liability arises, whether for breach of contract, tort (including negligence), strict liability, statutory duty or any other legal basis, even if Brew Digital has been previously advised of the possibility of such damage.

7. Indemnity

You agree to indemnify and hold harmless Brew Digital and all members of Adaptavist Group and their officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs, due to or arising out of any material that you share, your violation of these Terms, or any additional rules, guidelines or terms of use posted for a specific area of a Website or Material provided on or through a Website, or your violation or infringement of any third party rights, including intellectual property rights.

8. Local Laws; Export Control

Brew Digital’s parent company, Adaptavist Group Limited, controls the Websites from England, United Kingdom and makes no representation that the Materials are appropriate or available for use in locations other than the United Kingdom. If you use the Websites from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that Materials are subject to the Laws of England and Wales. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorised by the UK Government and the US Government.

9. Applicable Law

Any action related to these Terms will be governed by the law of England and Wales. Any disputes relating to these Terms will be governed by and construed in accordance with the applicable laws of England and Wales and shall be submitted to the exclusive jurisdiction of the English courts. Notwithstanding the foregoing, Adaptavist may bring a claim for equitable relief in any court with proper jurisdiction. If any of these terms are found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties and no other terms will be modified. Adaptavist Group Limited and Brew Digital’s failure to enforce any of the terms in these Terms is not a waiver of such terms. The Terms are the entire agreement between you and Brew Digital and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Brew Digital about the Websites and Materials. The proprietary rights, disclaimer of warranties, indemnities and limitations of liability shall survive any termination of the Terms.

10. Changes to the Websites

These Terms represent the entire understanding relating to the use of the Websites and prevail over any prior contemporaneous, conflicting or additional communications. Brew Digital may revise these Terms at any time without notice by updating the Websites and it is your responsibility to check these terms from time to time.