By using the Services made available to you under the Company`s Brex account, you agree to these Terms of Use. You agree to comply with the terms of the Platform Agreement, the Program Terms applicable to the Services you use, these Terms of Use, all applicable laws and the Card Network Rules in connection with your use of the Brex Account and the Company Services. To the extent a Card is issued to you, you agree to the terms of Section 3 and the Brex Card Program Terms. You also agree to receive all communications from Brex electronically, as described in these Terms of Use. We may update or replace these Terms of Use by posting an updated version on our legal site. Your continued use of the Services will be deemed your acceptance of any changes to these Terms of Use. Section 3 of this Platform Agreement contains a binding arbitration dispute resolution agreement on an individual basis and includes a waiver of representative, consolidated or class actions, as well as important exclusions and limitations of liability. “Governing Law” means: (a) any interpretation of any law, regulation, approval, contract, rule, regulation, law or common law applicable to a Party; (b) a bulletin, judgment, order, order, injunction, application, recommendation, instruction, guidance, review or designation of a regulatory authority competent or competent for a Party; or (c) any agreement, order or agreement negotiated between a party and an arbitrator or regulatory authority. This Platform Agreement, including any terms, agreements or policies incorporated by reference, constitutes the parties` full understanding of the subject matter described and supersedes any other prior written or oral proposals or agreements between the parties. No agreement, representation or warranty other than those provided in this Platform Agreement and the applicable Program Terms shall be binding unless written and signed by the Company and Brex.
Platform Agreement means this Platform Agreement, as amended from time to time, and all referred to terms, agreements and policies, including the Program Terms specific to the Services you use, the Privacy Policy, the Terms of Use, the Reward Terms and any applicable additional terms or agreements. To upgrade to the Brex Premium Plan (the “Premium Plan”) to use the Brex Premium Services, which include the Software and related services, including but not limited to bill payment and expense control (the “Premium Services”), you must agree to the terms set forth herein (the “Premium Plan Terms”). Use of your Brex Account and Brex Services, including the Premium Services available under the Premium Plan, is subject to the Brex Platform Agreement, as amended from time to time (the “Platform Agreement”) and all terms, agreements and policies incorporated in the Platform Agreement, including, but not limited to, the Invoice Payment Terms. All capitalized terms not defined in these Premium Plan Terms will have the meanings ascribed in the Platform Agreement. These Premium Plan Terms are additional terms under the Platform Agreement. In exchange for access to the Premium Plan, you agree that Brex may either deduct Reward Points from the balance of Reward Points in your Brex Account in accordance with your choice, or charge you a monthly fee (each, a “Monthly Fee”) in accordance with the pricing plan presented to you when you registered for the Premium Services or that was made available to you at a later date. The pricing plan is also available on Brex`s website. Monthly fees are subject to change at any time upon notification. You authorize us to take all necessary steps to perfect or maintain the perfection of any security we hold to the extent that Brex Treasury has not already achieved perfection as a result of your Brex Cash agreement and the securities account control provisions contained herein. You agree to pay all fees and costs associated with the completion or maintenance of such security or the satisfaction of the amounts due.
You agree that if you breach or breach any of your obligations to us under this Brex Cash Agreement or any other agreement with us, or if you are subject to bankruptcy or insolvency or a similar condition or proceeding, or if our security ceases to be a first advanced security, or if we otherwise deem it necessary or desirable in our discretion, we may liquidate, sell, pledge, transfer or otherwise dispose of collateral in your brex cash account or apply amounts to be deposited to set off and fulfil your obligations to us. 4.1. User Consent and Privacy Policy. You will ensure that neither you, nor your third party partners, nor your Brex API customer collect or disclose user data from or about a user through the Brex APIs, unless you (a) first inform that user in a privacy policy of the types of user data you collect or disclose and how such user data is used or disclosed; and (b) obtain such user`s express consent to such collection, use and disclosure in accordance with applicable law. This Privacy Policy must be provided to Users prior to the collection, use or disclosure of User Data and clearly displayed to the User through Customer Service. Under no circumstances does the Privacy Policy allow the sale or disclosure of personal data that is not anonymized data without the express written consent of the user or individual. In addition, the Privacy Policy complies with your obligations under this Agreement and Brex`s rights and obligations under Brex`s Privacy Policy, which is currently available under www.brex.com/privacy. Your collection, use, and disclosure of user information must not conflict with your privacy policy, a third-party privacy policy, or Brex`s privacy policy.
Contact us by email at contact@brex.com if you would like more information about or receive FINRA`s arbitration rules. If for any reason your Brex Account is not in good condition, or if we determine, in our sole discretion, that you are abusing, playing or abusing the Rewards Program, or that you have otherwise violated our Platform Agreement or any of the terms, agreements and policies incorporated by reference, you may not be able to earn Points or earn or use Rewards. and you may lose any rewards or points previously collected or earned. Any complaint relating to your account should be directed to Customer Service (contact@brex.com) or send a written complaint to: By creating a Brex Cash account, you agree to do business with Brex Treasury electronically and by electronically indicating that you have read the terms of this Brex Cash Agreement, you acknowledge and agree: that such electronic consent constitutes valid evidence of the Company`s consent to be legally bound by this Brex Cash Agreement and any subsequent contract. Terms that may govern the use of Brex Treasury`s services. The use of an electronic version of a document fully meets all the requirements to which the document must be made available in writing. You agree to electronic communication as appropriate and appropriate communication for the purposes of all applicable laws, rules and regulations. The electronically stored copy of your consent will be considered the true, complete, valid, authentic and enforceable record of the Brex Cash Agreement admissible in legal or administrative proceedings to the same extent as if such consent had originally been created and retained in printed form. Sales Platform means any e-commerce platform through which claims eligible for purchase by Brex Finance can be generated. Available sales platforms are displayed in your Brex account dashboard. Opt-out procedure.
If you wish to unsubscribe from this section on binding arbitration, you may do so by sending a written notice of unsubscription to Brex Inc., 50 W. Broadway, Ste 333, #15548, Salt Lake City, UT 84101, Attn: Legal Department, send. Written notice of opt-out must be sent to that address within thirty (30) days of the date you first accept this Platform Agreement, and you are responsible for providing proof that it was sent within that time (for example. B copy of stamped mail containing the notice of unsubscription, copy of the receipt of the delivery service, which indicates on which delivery service received the notice of refusal of delivery). The unsubscribe notice must include the name of your business, indicate that you are unsubscribing from the “Binding Arbitration” section of the Platform Agreement, and include the name and signature of a person authorized by you to opt out of that section. You may send an unsubscribe notice by mail, delivery or courier, provided that it is sent to the address indicated above within the specified period. No other method may be used to dismiss this section of binding arbitration. Unsubscribing from this section will not affect any past, other or future arbitration or dispute resolution agreements you may have with us or any third party. If you unsubscribe from this binding arbitration section, all other parts of the Platform Agreement will continue to apply. We may close or suspend a company account or card, or refuse to authorize a charge, in our sole discretion and without notice. .