Terms of Service

Last updated August 11th, 2023

Please read the following Brwly Banks Terms of Service before using BrwlyBanks.com website which is operated by Traversal Studios LLC.

The Brwly Banks Terms of Service (the “Terms of Service”) constitute a legally binding agreement by and between Traversal Studios LLC.

Brwly Banks (“Brwly Banks”) and you (“Licensee” or “You”), in regards to the use of Brwly Banks Products stated hereof.

When you are using or accessing Brwly Banks Service you agree to be bound by these Terms.

If you disagree with any part of the terms then you do not have permission to use or access the Service.

Definitions

Here are some quick definitions explained for the purpose of these Terms of Services.

“Digital Media Files” are graphics, images, film videos, animations, illustrations, 3D Models, or any other audio/visual representations recorded in any computer-readable format or form that are obtained, directly or indirectly from Brwly Banks.

“Intellectual Property Rights” means that all rights of authorship, all copyrights, all trademark rights, and all other intellectual property right of any type.
“Brwly Banks Products” indicates the Digital Media Files and the Service.
“Service” means the file-sharing/website development service provided by Brwly Banks, such service may be modified and/or rebranded by Brwly Banks from time to time in its sole discretion.

Purchases

By purchasing any product made available through the Service (“Purchase”), you may be asked to supply certain information associated to your Purchase including, and without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Grant of License

For Licensees choosing a paid subscription (whether monthly or annually) to the Brwly Banks Products, you subject to the terms and conditions stated herein and subject to payment by Licensee of the Purchase Price (and any applicable taxes), Brwly Banks hereby grants the Licensee a non-exclusive, non-transferable, royalty-free license to Use the Brwly Banks Products.

For Licensees choosing a free subscription, subject to the terms and conditions stated herein, Brwly Banks grants the Licensee a non-exclusive, non-transferable, royalty-free license to the Digital Media Files that are specified by Brwly Banks as free files.

All Brwly Banks products and/or memberships are for single users only.

All Brwly Banks assets are licensed to the user with a paid product or paid subscription.

Anything that Licensee produces using any of the Brwly Banks Products must be for the use of the Licensee and its end-users only.

For any licensing questions, please reach out to us BrwlyBanks.

License Restrictions

The Licensee agrees that it will not under any circumstances do the following:

Use, sell, license, reproduce, distribute, the Digital Media Files or the product of Services. This includes, each element within the purchased product.

Rent, lease, lend, sell. or sublicense any of the Brwly Banks Products and its elements.

Sublicense, sell, assign, convey, or transfer any of its rights under these Terms of Service.

Implement any of the Digital Media Files or any of its elements under a logo or trademark.

Distribute or upload the Digital Media Files or the product of Service.

If you like to obtain a license to merchandise products, t-shirts, mugs, toys, games, fashion etc. Please reach out to us BrwlyBanks

License Permissions

You may use Brwly Banks Products as part of a product for the end user or for clients or personal projects.
You may modify or manipulate and combine the products elements with other work and make a derivative work from it.
The resulting works are subject to the terms of this license.
This is a ‘multi-use’ license, you may use a product multiple times, in multiple projects.

some end product samples include but are not limited to: Commercial or personal videos, websites, games, mobile/web apps, illustrations, and presentations.
The license allows you to use the products on YouTube, Vimeo, TikTok, Instagram, and Meta.

For any licensing questions, please reach out to us BrwlyBanks.

Manner of Use Restrictions

The Licensee agrees that it will not:

Use any of the Brwly Banks Products that would defame, malign, slander, libel, or vilify any person or group of persons or any countries, races, customs, cultures, religions, or governments.

Reservation of Rights

All rights such as title and interest of Brwly Banks Products and any Intellectual Property rights are retained by Brwly Banks and Traversal Studios LLC. The copyrights in all Brwly Banks Products are owned by Brwly Banks and Traversal Studios LLC. or its licensors and the copyrights in all Third Party Software’s are owned by such Third Party Software.

Communications

By creating an Account with Brwly Banks, you agree to subscribe to newsletters, marketing or promotional materials.
However, you may opt out of receiving some, or all, of these communications from us by following the unsubscribe link or instructions provided in any email our team sends.

Security and reCAPTCHA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Licensee Representations
and Warranties

Licensee hereby represents that its use of the Brwly Banks Products will comply at all times with all applicable laws, rules, and regulations of any country, state, province, or other jurisdiction, including the export laws and regulations of the United States of America and of the State of Israel (the “Export Laws”).

Accounts

By creating an account with us, you agree that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times.

Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account with our Brwly Banks Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.

You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Third Party Software

Licensee acknowledges and agrees that the usage of the Brwly Banks Service is subject to the applicable terms and conditions of usage and/or end user license provisions of the provider of the applicable Third Party Software, in addition to such usage being subject to these Terms of Service.

Licensee further acknowledges and agrees that its usage of the Brwly Banks Service will comply in all aspects with such third party terms and conditions of usage and/or end user license provisions.

Subscription Billing

Use of Brwly Banks Products is provided to the Licensee when they paid for product or subscription.
Your subscription is effective for the period covered by your subscription fee (which is your Purchase Price and applicable taxes) as disclosed in the sign-up process and continues upon your payment in advance of the renewal fee for the applicable period (i.e., monthly or annually).

When your subscription renews, it will automatically charged at the then-current rate to the credit card or other billing source authorized by you at the start of each billing cycle, according to your subscription terms.
The renewal will continue unless otherwise noted to cancel or change the subscription plan.

You can cancel your subscription at any time with no additional fees.

If prices for subscriptions ever change by us, we will notify you in advance and such change will only apply to you by your coming billing cycle.

Payments may be processed through third-party payment methods which Brwly Banks makes available

Returns and Refunds

We do not issue refunds for our Digital Media Files or any Brwly Banks digital files.

Please contact us for any assistance or questions in regards to this.

Termination

Brwly Banks reserves the right to terminate or block a Licensee’s access to the Brwly Banks Products or Service without notice at any time if it determines that a Licensee is violating any of the terms and conditions of these Terms of Service.

Brwly Banks also reserves the right to refuse a subscription renewal with or without prior notice.

Exclusion of Damages

To the Extent permitted under applicable law:
In no event shall Brwly Banks or any third party software provider be liable to licensee for any special, indirect, consequential, punitive or incidental damages (including loss of business profits, business interruption, loss of business information, or any other pecuniary loss).

Indemnification

Licensee hereby agrees to defend, indemnify, and hold harmless Brwly Banks and any Third Party Software Provider, their directors, officers, employees, and agents, and their assigns and successors-in-interest, from and against any and all liability, damages, losses, claims, demands, actions, causes of action, or costs (including attorneys’ fees and expenses) arising out of or resulting from: a) Licensee’s use of any of the Brwly Banks Products; b) breach of these Terms of Service by Licensee or its directors, officers, employees, contractors or agents or their permitted assigns or successors-in-interest (collectively the “Licensee Parties”; or c) any negligent or intentional act or omission by any of the Licensee Parties.

No Warranty

The Brwly Banks Products are being delivered to the Licensee “AS IS.” Brwly Banks makes no warranty to use or the performance of the Brwly Banks Products or the Third Party Software which includes the quality of image or compatibility with any computer hardware or other equipment, operating system, or software program, and hereby disclaims all warranties, express or implied, whether by state, common law, custom, usage, or otherwise, including warranties regarding noninfringement of third party rights, merchantability, and fitness for any particular purpose.

Brwly Banks reserves the right to audit Licensee’s usage of the Brwly Banks Products from time to time in order to verify Licensee’s full compliance with these Terms of Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Binding Nature

These Terms of Service constitute a binding agreement between Brwly Banks and Licensee, and shall bind the parties and their permitted heirs, executors, administrators, successors, and assignees.

These Terms of Service are personal to Licensee and may not be assigned or transferred by Licensee, whether by consent of Licensee or by operation of law.

Brwly Banks may assign these Terms of Service in its sole discretion, including but not limited to in connection with the sale or other transfer of all or substantially all of its assets or equity interests, whether by sale, merger, or otherwise.

Changes

Brwly Banks reserves the right to change these Terms of Service from time to time and at any time at its sole discretion; such changes shall be effective upon the earlier of: i) Brwly Banks providing notice to Licensee; and ii) the publication by Brwly Banks of the changes in the Terms of Service on the Brwly Banks web site.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.