Get In Touch
131 Continental Dr, Newark, DE 19713, USA
[email protected]
Ph: +260.95.492.2329
Work Inquiries
[email protected]
Ph: +260.95.492.2329
Back

Terms and Conditions

Effective Date: December 30, 2025
Last Updated: December 30, 2025

These Terms and Conditions (“Terms”, “Terms of Service”, “Agreement”) constitute a legally binding agreement between you (“User”, “you”, “your”) and Broos Action Inc and Broos Action Innovations Limited (“Broos Action”, “Company”, “we”, “us”, “our”) governing your access to and use of our websites, applications, platforms, and services (collectively, the “Services“).

By accessing, browsing, registering for, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must immediately discontinue use of our Services.

Services Covered:

  • broosaction.com, broos.io, broos.app, broos.link, and all subdomains
  • Aria Studio (low-code development platform)
  • Broos Action Office (collaboration suite including email, video conferencing, document management)
  • Cloud Hosting Services
  • API Services
  • All other products, platforms, and services operated by Broos Action

1. Acceptance of Terms

1.1 Binding Agreement

By accessing or using any part of our Services, you enter into a legally binding contract with Broos Action Innovations. This Agreement is enforceable in accordance with the laws specified in Section 22 (Governing Law and Jurisdiction).

1.2 Age Requirement

You must be at least 16 years of age (or the age of majority in your jurisdiction, whichever is higher) to use our Services. If you are under 18, you represent that you have obtained parental or legal guardian consent to use our Services.

For users located in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, the minimum age is 16 years in compliance with GDPR Article 8.

Children Under 16 (or 13 in the U.S.): We do not knowingly collect personal information from children under the applicable age without parental consent. If we discover that such a collection has occurred, we will delete the information immediately.

1.3 Corporate and Business Users

If you are using our Services on behalf of a company, organization, or other legal entity, you represent and warrant that:

  • You have the authority to bind that entity to these Terms
  • The entity agrees to be bound by these Terms
  • You accept these Terms both individually and on behalf of the entity

1.4 Agreement to All Policies

By accepting these Terms, you also agree to be bound by:

  • Privacy and Cookie Policy ([link]/privacy-policy)
  • Acceptable Use Policy (Section 6)
  • Security Policy ([link]/security)
  • Data Processing Agreement (for business customers) ([link]/dpa)
  • All other policies referenced herein

2. Modifications to Terms

2.1 Right to Modify

Broos Action reserves the right to modify, amend, or update these Terms at any time, at our sole discretion, to reflect:

  • Changes in our Services or business practices
  • Legal, regulatory, or compliance requirements
  • Security improvements
  • User feedback and evolving industry standards

2.2 Notice of Changes

When we make material changes to these Terms:

  • We will update the “Last Updated” date at the top of this page
  • We will notify you via email (if you have an account with a registered email address)
  • We will display a prominent notice on our website and/or within our Services
  • For significant changes affecting your rights, we may require you to affirmatively accept the updated Terms before continuing to use our Services

2.3 Continued Use Constitutes Acceptance

Your continued access or use of our Services after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately cease using our Services and may terminate your account in accordance with Section 20.

2.4 Version History

Previous versions of these Terms are available upon request by contacting [email protected].

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use our Services, you must:

  • Meet the minimum age requirement (Section 1.2)
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using our Services under applicable laws or sanctions
  • Not be located in a country subject to U.S. embargo or designated as a “terrorist supporting” country by the U.S. government (see Section 23)
  • Not be listed on any U.S. government list of prohibited or restricted parties

3.2 Account Registration

Certain features of our Services require you to create an account. When registering, you must:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information to keep it accurate
  • Choose a strong, unique password
  • Safeguard your account credentials and not share them with third parties
  • Notify us immediately of any unauthorized access or security breach

3.3 Account Types

We offer various account types:

  • Free Accounts: Limited features, subject to usage restrictions
  • Professional/Business Accounts: Paid subscriptions with enhanced features
  • Enterprise Accounts: Custom solutions with dedicated support and service level agreements (SLAs)
  • Educational/Non-Profit Accounts: Discounted or free accounts for qualifying institutions (verification required)

3.4 Account Responsibility

You are solely responsible for:

  • All activities that occur under your account
  • Maintaining the confidentiality of your login credentials
  • All content uploaded, created, or shared using your account
  • Compliance with these Terms and all applicable laws

You agree to immediately notify us at [email protected] if you suspect unauthorized access to your account.

3.5 One Account Per User

Unless explicitly authorized by Broos Action, each individual or entity may maintain only one account. Creating multiple accounts to circumvent restrictions, evade suspension, or abuse our Services is strictly prohibited and may result in termination of all associated accounts.

4. Description of Services

4.1 Overview

Broos Action provides a suite of technology solutions, including but not limited to:

Aria Studio: A low-code, AI-powered web development platform enabling rapid deployment of web applications, APIs, and custom business solutions.

Cloud Hosting: Enterprise-grade, globally distributed cloud infrastructure with 99.9%+ uptime guarantees, advanced security, and multi-region failover capabilities.

API Services: Pre-built, production-ready APIs for payment processing, authentication, data management, communications, and business logic.

Broos Action Office: Privacy-focused collaboration tools including encrypted email, office suites, and video conferencing designed for secure, distributed teams.

Professional Services: Consulting, custom development, integration services, and technical support.

4.2 Service Availability

While we strive to provide continuous, uninterrupted access to our Services:

  • Services are provided on an “as available” basis
  • We do not guarantee 100% uptime (see Section 17 for disclaimers)
  • Scheduled maintenance will be announced in advance when possible
  • Emergency maintenance may occur without notice
  • Service availability may vary by region and account type

4.3 Service Modifications

We reserve the right to:

  • Add, modify, or discontinue any feature or Service at any time
  • Change pricing, terms, or conditions for new or existing Services (with notice as required)
  • Impose usage limits or restrictions on certain features
  • Discontinue support for outdated or deprecated features

Material changes affecting paid Services will be communicated with reasonable advance notice, and you may have the option to cancel your subscription if you do not agree to the changes.

4.4 Beta and Experimental Features

We may offer beta, preview, or experimental features (“Beta Features”) that:

  • Are provided “as is” with no warranties or guarantees
  • May contain bugs, errors, or incomplete functionality
  • May be discontinued at any time without notice
  • Are not recommended for production or mission-critical use
  • May have separate terms or limitations

By using Beta Features, you acknowledge and accept these limitations.

5. User Accounts and Security

5.1 Account Security Obligations

You agree to:

  • Use a strong, unique password (minimum 12 characters recommended)
  • Enable multi-factor authentication (MFA) when available
  • Keep your contact information current
  • Log out from shared or public devices
  • Regularly review account activity for unauthorized access
  • Immediately report suspicious activity to [email protected]

5.2 Prohibited Account Sharing

You may not:

  • Share your account credentials with third parties (except as explicitly permitted for team/enterprise accounts)
  • Allow others to access your account
  • Use another person’s account without authorization
  • Sell, transfer, or sublicense your account

5.3 Account Verification

We reserve the right to:

  • Verify your identity at any time
  • Request additional documentation (e.g., government ID, business registration)
  • Suspend or terminate accounts that fail verification
  • Implement enhanced security measures for high-risk accounts

5.4 Account Suspension and Termination

We may suspend or terminate your account if:

  • You violate these Terms or any applicable policy
  • We detect fraudulent, abusive, or illegal activity
  • You fail to pay amounts owed
  • You provide false or misleading information
  • Your account remains inactive for an extended period (typically 12+ months)
  • We are required to do so by law or court order

See Section 20 for full details on termination procedures and consequences.

6. Acceptable Use Policy

6.1 General Conduct

You agree to use our Services in a lawful, ethical, and responsible manner. You must:

  • Comply with all applicable local, national, and international laws and regulations
  • Respect the rights of other users and third parties
  • Use Services only for their intended, legitimate purposes
  • Act in good faith and avoid conduct that could harm Broos Action or other users

6.2 Prohibited Content

You may not upload, create, transmit, display, or distribute content that:

Illegal Content:

  • Violates any applicable law or regulation
  • Promotes or facilitates illegal activities (e.g., drug trafficking, human trafficking, terrorism)
  • Infringes intellectual property rights (copyright, trademark, patent, trade secret)

Harmful or Dangerous Content:

  • Contains malware, viruses, spyware, or other malicious code
  • Exploits security vulnerabilities
  • Contains instructions for creating weapons, explosives, or harmful substances
  • Promotes self-harm, suicide, or eating disorders

Violent or Graphic Content:

  • Depicts extreme violence, gore, or cruelty
  • Promotes or glorifies violence against individuals or groups
  • Contains disturbing or shocking content intended to harass or intimidate

Sexually Explicit Content:

  • Contains pornography or sexually explicit material
  • Depicts minors in sexualized contexts (Child Sexual Abuse Material – CSAM)
  • Promotes sexual services in exchange for compensation (prostitution, escort services)

Hateful or Discriminatory Content:

  • Promotes hate speech, discrimination, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
  • Contains derogatory or dehumanizing language targeting individuals or groups

Fraudulent or Misleading Content:

  • Contains false, misleading, or deceptive information
  • Impersonates another person, entity, or brand
  • Promotes scams, phishing schemes, or pyramid schemes
  • Misrepresents your identity, affiliation, or the source of content

Harassment and Abuse:

  • Harasses, threatens, bullies, or intimidates others
  • Publishes private information without consent (doxxing)
  • Contains unwanted sexual advances or explicit messages

Spam and Manipulation:

  • Sends unsolicited bulk messages (spam)
  • Engages in artificial manipulation of traffic, clicks, or engagement metrics
  • Uses automated systems (bots) without authorization

Intellectual Property Violations:

  • Infringes copyrights, trademarks, patents, or other proprietary rights
  • Distributes pirated software, media, or content

6.3 Restricted Content (Limited Monetization)

The following content types may be hosted but will have restricted advertising or monetization:

  • Alcohol-related content (promotion, sales)
  • Tobacco and vaping products
  • Gambling and casino-related content
  • Firearms, weapons, and ammunition
  • Pharmaceuticals and supplements (unless approved)
  • Political content during sensitive periods
  • Shocking or sensational content

If your content falls into these categories, you may receive limited or no advertising revenue through our Services.

7. Prohibited Activities

In addition to prohibited content, you may not:

7.1 Technical Abuse

  • Attempt to gain unauthorized access to our systems, servers, networks, or databases
  • Use automated scripts, bots, scrapers, or crawlers without written permission
  • Reverse engineer, decompile, or disassemble our software or Services
  • Circumvent security measures, rate limits, or access controls
  • Perform security testing or penetration testing without prior written authorization
  • Overload or disrupt our infrastructure (e.g., denial-of-service attacks)
  • Interfere with other users’ access to or use of our Services

7.2 Fraudulent Activities

  • Engage in payment fraud, credit card fraud, or identity theft
  • Create fake accounts or provide false information
  • Manipulate metrics, analytics, or reporting systems
  • Abuse promotions, trials, or referral programs
  • Engage in click fraud or artificial traffic generation (especially for AdSense publishers)

7.3 Commercial Misuse

  • Resell, sublicense, or redistribute our Services without authorization
  • Use Services to compete with Broos Action
  • Extract data for use in competing products or services
  • Use Services for multi-level marketing or pyramid schemes
  • Operate unauthorized marketplaces or exchanges

7.4 Legal and Regulatory Violations

  • Use Services to facilitate money laundering or terrorist financing
  • Violate export control laws or sanctions regulations
  • Engage in insider trading or market manipulation
  • Violate data protection laws (GDPR, CCPA, etc.)
  • Operate in prohibited jurisdictions (see Section 23)

8. Intellectual Property Rights

8.1 Broos Action’s Intellectual Property

All content, features, functionality, software, code, designs, graphics, logos, trademarks, service marks, and other materials available through our Services (collectively, “Broos Action IP”) are owned by or licensed to Broos Action and are protected by:

  • Copyright laws
  • Trademark laws
  • Patent laws
  • Trade secret laws
  • International intellectual property treaties

Broos Action IP includes:

  • Website design and layout
  • Software code (source and object code)
  • APIs and documentation
  • Branding elements (logos, names, slogans)
  • Content created by Broos Action (blog posts, tutorials, videos)
  • Proprietary algorithms and methodologies

8.2 Limited License to Use Services

Subject to your compliance with these Terms, Broos Action grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Access and use our Services for your personal or internal business purposes
  • Download and use our software applications as intended
  • Access documentation and support materials

This license does not grant you any rights to:

  • Modify, copy, distribute, or create derivative works from Broos Action IP
  • Use Broos Action IP for commercial purposes outside the scope of our Services
  • Remove or alter copyright, trademark, or other proprietary notices
  • Use our trademarks or branding without written permission

8.3 Trademark Usage

“Broos Action,” “Aria Studio,” “Broos Action Office,” “Broos” and associated logos are trademarks of Broos Action Innovations. You may not use these trademarks without our prior written consent, except:

  • To accurately describe our Services in a non-misleading manner
  • In nominative fair use contexts (e.g., “Compatible with Aria Studio”)

For trademark licensing inquiries, contact [email protected].

8.4 Open Source Components

Some of our Services may incorporate open-source software components. These components are licensed under their respective open-source licenses (e.g., MIT, Apache 2.0, GPL). A list of open-source components and their licenses is available upon request.

8.5 Feedback and Suggestions

If you provide feedback, suggestions, ideas, or recommendations regarding our Services (“Feedback”), you grant Broos Action a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, modify, and incorporate such Feedback into our Services without any obligation to compensate you or provide attribution.

9. User-Generated Content

9.1 Ownership of Your Content

You retain ownership of all content you create, upload, or store using our Services (“User Content”). This includes:

  • Applications built on Aria Studio
  • Documents stored in Broos Action Office
  • Files hosted on our cloud infrastructure
  • API data and integrations
  • Comments, posts, and communications

9.2 License Grant to Broos Action

By uploading or creating User Content through our Services, you grant Broos Action a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:

  • Store, host, and transmit your User Content as necessary to provide Services
  • Display your User Content to you and authorized users you designate
  • Perform technical operations (e.g., backups, format conversions, compression)
  • Enforce these Terms and comply with legal obligations

Important: This license is limited to operating our Services and does not allow us to:

  • Use your User Content for purposes beyond providing Services to you
  • Share your User Content publicly without your permission
  • Train AI models on your proprietary content (unless you opt-in)

9.3 Your Responsibilities for User Content

You represent and warrant that:

  • You own or have the necessary rights to all User Content you upload
  • Your User Content does not violate these Terms, including the Acceptable Use Policy (Section 6)
  • Your User Content does not infringe any third-party intellectual property, privacy, or other rights
  • Your User Content complies with all applicable laws and regulations

You are solely responsible for:

  • The content, accuracy, and legality of your User Content
  • Backing up your User Content (see Section 9.6)
  • Ensuring you have the appropriate rights to upload and share User Content

9.4 Content Monitoring and Removal

While we are not obligated to monitor User Content:

  • We reserve the right to review, monitor, or remove User Content at our discretion
  • We may remove User Content that violates these Terms or applicable laws
  • We may remove User Content in response to legal requests (e.g., DMCA takedown notices, court orders)
  • We use automated systems to detect prohibited content (e.g., CSAM, malware, adult content, child extortional)

We do not endorse or take responsibility for User Content posted by users.

9.5 Public Content

If you choose to make User Content publicly accessible:

  • You grant other users a limited license to view and interact with that content
  • You acknowledge that public content may be indexed by search engines and AI index bots.
  • You understand that public content may be shared or redistributed by others
  • You cannot guarantee the removal of all copies once the content becomes public

9.6 Data Backup Responsibility

Important: While we implement robust backup and disaster recovery systems, you are ultimately responsible for maintaining your own backups of critical User Content. We are not liable for data loss due to:

  • User error (accidental deletion)
  • Account termination
  • Force majeure events
  • Third-party service failures

We strongly recommend maintaining independent backups of all mission-critical data.

10. Payment Terms and Billing

10.1 Pricing

Pricing for our Services is displayed on our website and within our Services. Prices are subject to change at any time, but changes will not affect your current billing cycle. We will provide notice of price changes in accordance with Section 2 (Modifications to Terms).

All prices are in U.S. Dollars (USD) unless otherwise specified.

10.2 Payment Methods

We accept the following payment methods:

  • Credit cards (Visa, MasterCard, American Express, Discover)
  • Debit cards
  • Stripe
  • Bank transfers (for enterprise accounts)
  • Mobile Money

Payment processing is handled by third-party payment processors (e.g., Stripe, Lenco), who have their own terms and privacy policies. We do not store your full credit card information on our servers.

10.3 Billing Cycles

Services are billed on the cycle you select:

  • Monthly: Billed on the same day each month
  • Annual: Billed once per year (often at a discounted rate)
  • Custom: Enterprise customers may negotiate custom billing terms

10.4 Automatic Renewal

Unless you cancel your subscription before the end of your current billing cycle, your subscription will automatically renew for an additional period of the same duration at the then-current pricing.

You authorize us to charge your payment method automatically for each renewal period until you cancel.

10.5 Taxes

Prices do not include applicable taxes, duties, or fees (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchase, except for taxes based on Broos Action’s net income.

We will add applicable Taxes to your invoice based on:

  • Your billing address
  • Location of service delivery
  • Applicable tax laws (e.g., VAT, GST, sales tax)

If you are tax-exempt, you must provide valid tax exemption documentation.

10.6 Late Payments

If payment is not received by the due date:

  • We may suspend or restrict access to your Services
  • We may charge late fees (as permitted by law, typically 1.5% per month or the maximum allowed)
  • We may terminate your account after repeated non-payment
  • You remain liable for all unpaid amounts plus collection costs

10.7 Disputed Charges

If you dispute a charge, you must notify us within 30 days of the charge appearing on your statement. Contact [email protected] with:

  • Your account details
  • Date and amount of the disputed charge
  • Reason for the dispute

We will investigate and respond within 15 business days.

11. Subscriptions and Renewals

11.1 Subscription Plans

We offer various subscription tiers with different features, usage limits, and pricing. Details of each plan are available on our pricing page.

11.2 Upgrades and Downgrades

Upgrades: You may upgrade your subscription at any time. Upgraded features take effect immediately, and you will be charged a prorated amount for the remainder of your current billing cycle.

Downgrades: You may downgrade your subscription at any time. Downgrades take effect at the start of your next billing cycle. You will retain access to your current plan features until the end of the current billing period.

11.3 Free Trials

We may offer free trials for certain Services. Free trials:

  • Are available only to new users (one trial per user/organization)
  • Automatically convert to paid subscriptions unless you cancel before the trial ends
  • May have feature or usage limitations
  • Require a valid payment method on file

By signing up for a free trial, you authorize us to charge your payment method when the trial ends unless you cancel.

11.4 Promotional Offers

Promotional discounts, credits, or special pricing:

  • Are subject to specific terms disclosed at the time of the offer
  • May be limited to new customers or specific account types
  • Cannot be combined with other promotions unless explicitly stated
  • May require promo codes entered at checkout
  • May expire or be discontinued at any time

12. Refunds and Cancellations

12.1 Cancellation Process

You may cancel your subscription at any time by:

  • Accessing account settings within our Services
  • Contacting customer support at [email protected]
  • Following the cancellation instructions in your account dashboard

Cancellations take effect at the end of your current billing cycle. You will retain access to paid features until that time.

12.2 Refund Policy

General Policy: All sales are final. We do not offer refunds for partially used billing periods, except as required by law or as described below.

Exceptions:

  • Technical Issues: If our Services are unavailable for more than 24 consecutive hours due to issues within our control, you may be eligible for a prorated refund or service credit.
  • Billing Errors: If you were charged incorrectly due to a system error, we will refund the incorrect amount.
  • Fraud: If you believe you were charged fraudulently, contact us immediately at [email protected].
  • Legal Requirements: Refunds as required by consumer protection laws in your jurisdiction (e.g., EU right of withdrawal, Australian Consumer Law).

12.3 EU Right of Withdrawal

If you are located in the European Union, you have the right to withdraw from your purchase within 14 days of entering into the contract, without providing a reason, in accordance with the EU Consumer Rights Directive.

Exception: If you begin using our Services during the withdrawal period, you forfeit your right to withdraw, as digital content and services are exempt from the right of withdrawal once performance has begun with your consent.

To exercise your right of withdrawal, contact us at [email protected] with a clear statement of your decision.

12.4 Account Deletion

Upon cancellation and expiration of your billing cycle:

  • Your account will be downgraded to a free tier (if available) or deactivated
  • Your User Content will be retained for 30 days to allow for reactivation
  • After 30 days, your User Content will be permanently deleted (except where retention is required by law)

You may request immediate deletion by contacting [email protected].

13.1 Third-Party Integrations

Our Services may integrate with third-party services, APIs, and applications (e.g., payment processors, cloud storage providers, communication tools). These integrations:

  • Are governed by the third party’s terms of service and privacy policies
  • Are provided for your convenience
  • Are not endorsed, controlled, or monitored by Broos Action

You are responsible for:

  • Reviewing and accepting third-party terms
  • Understanding how third parties handle your data
  • Any costs or obligations associated with third-party services

13.2 External Links

Our Services may contain links to external websites or resources. Broos Action:

  • Does not control or endorse third-party websites
  • Is not responsible for the content, accuracy, or availability of external sites
  • Is not liable for any harm or damages arising from your use of external sites

Clicking on external links is at your own risk.

13.3 Third-Party Content

We may display content from third-party providers (e.g., stock photos, fonts, libraries). This content is subject to the third party’s licensing terms and restrictions.

14. Advertising and Sponsorships

14.1 Display Advertising

Our Services may display advertisements from third-party advertising networks, including Google AdSense. These advertisements:

  • Are selected and served by third-party ad networks
  • Are not endorsed or controlled by Broos Action
  • May be personalized based on your interests and browsing behavior (with your consent)
  • May use cookies and tracking technologies (see our Privacy and Cookie Policy)

14.2 Sponsored Content

We may publish sponsored content, affiliate links, or promotional materials. Sponsored content will be clearly labeled as such in compliance with FTC guidelines and applicable advertising regulations.

14.3 Affiliate Programs

We may participate in affiliate programs where we earn commissions for referring users to third-party products or services. Affiliate relationships do not influence our editorial content or recommendations.

15. Privacy and Data Protection

15.1 Privacy Policy

Our collection, use, and protection of your personal information is governed by our Privacy and Cookie Policy . By using our Services, you acknowledge and consent to our data practices as described in that policy.

15.2 GDPR Compliance

For users in the European Economic Area (EEA), United Kingdom (UK), and Switzerland, we comply with the General Data Protection Regulation (GDPR) and related data protection laws. You have rights including:

  • Right to access your personal data
  • Right to rectification (correction)
  • Right to erasure (“right to be forgotten”)
  • Right to restrict processing
  • Right to data portability
  • Right to object to processing
  • Rights related to automated decision-making

To exercise these rights, contact [email protected].

15.3 CCPA Compliance

For California residents, we comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). You have rights including:

  • Right to know what personal information we collect
  • Right to delete personal information
  • Right to opt-out of sale or sharing of personal information
  • Right to correct inaccurate information
  • Right to non-discrimination

To exercise these rights, contact [email protected].

15.4 Data Processing Agreement (DPA)

For business customers who process personal data using our Services, we offer a Data Processing Agreement (DPA) that complies with GDPR Article 28. The DPA outlines our responsibilities as a data processor and your responsibilities as a data controller.

To execute a DPA, contact [email protected].

15.5 Data Security

We implement industry-standard security measures to protect your data, including:

  • Encryption (TLS 1.3 in transit, AES-256 at rest)
  • Access controls and authentication
  • Regular security audits and penetration testing
  • Incident response procedures

For full details, see our Security Policy 

15.6 Data Breach Notification

In the event of a data breach affecting your personal information, we will:

  • Notify affected users within 72 hours of discovery (GDPR requirement)
  • Notify relevant supervisory authorities as required by law
  • Provide information about the breach and recommended actions
  • Take immediate steps to mitigate harm and prevent recurrence

16.1 DMCA Compliance

Broos Action respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws.

16.2 Copyright Infringement Notification

If you believe that content on our Services infringes your copyright, please send a DMCA takedown notice to our designated Copyright Agent at:

Email: [email protected]
Subject Line: “DMCA Takedown Notice”

Your notice must include:

  1. Your physical or electronic signature
  2. Identification of the copyrighted work(s) you claim has been infringed
  3. Identification of the infringing material and its location on our Services (URL or specific description)
  4. Your contact information (name, address, telephone number, email)
  5. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
  6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner

16.3 Counter-Notification

If your content was removed due to a DMCA notice and you believe the removal was erroneous, you may file a counter-notification to [email protected] containing:

  1. Your physical or electronic signature
  2. Identification of the removed material and its former location
  3. A statement, under penalty of perjury, that you have a good faith belief the material was removed due to mistake or misidentification
  4. Your contact information
  5. A statement consenting to jurisdiction in the federal court for your district (or where Broos Action is located if outside the U.S.)

16.4 Repeat Infringers

We maintain a policy of terminating accounts of users who are repeat copyright infringers.

17. Disclaimers and Warranties

17.1 “AS IS” and “AS AVAILABLE”

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROOS ACTION DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Merchantability: That our Services are suitable for any particular purpose
  • Fitness for a Particular Purpose: That our Services will meet your specific needs
  • Non-Infringement: That our Services do not infringe third-party rights
  • Accuracy: The content provided through our Services is accurate, complete, or current
  • Availability: That our Services will be uninterrupted, timely, secure, or error-free

17.2 No Guarantee of Results

We do not guarantee that:

  • Your use of our Services will produce specific results or outcomes
  • Our Services will meet your requirements or expectations
  • Any defects or errors will be corrected
  • Our Services will be compatible with your hardware or software
  • Your data will be secure from unauthorized access (though we implement reasonable security measures)

17.3 Third-Party Content Disclaimer

We are not responsible for:

  • Content provided by users or third parties
  • The accuracy, legality, or reliability of User Content
  • Actions or omissions of third-party service providers
  • Links to external websites or resources

17.4 Beta Features Disclaimer

Beta, preview, or experimental features are provided with no warranties. They may:

  • Contain bugs or errors
  • Change significantly or be discontinued without notice
  • Not be suitable for production use
  • Lack full documentation or support

17.5 Regulatory Disclaimer

While we strive to comply with applicable laws and regulations:

  • We do not guarantee that our Services comply with laws specific to your jurisdiction
  • You are responsible for ensuring your use of our Services complies with all applicable laws
  • We do not provide legal, financial, tax, or regulatory advice

17.6 Jurisdictional Limitations

Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, the disclaimers in this Section may not apply to you, or may apply only to the extent permitted by law.

18. Limitation of Liability

18.1 Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BROOS ACTION, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY:

  • Indirect damages
  • Incidental damages
  • Consequential damages
  • Special damages
  • Punitive damages
  • Exemplary damages

This includes but is not limited to damages for:

  • Loss of profits or revenue
  • Loss of business or business opportunities
  • Loss of data or information
  • Loss of goodwill or reputation
  • Business interruption
  • Cost of substitute goods or services

18.2 Direct Damages Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROOS ACTION’S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

  • $100 USD, or
  • The total amount you paid to Broos Action in the 3 months preceding the event giving rise to liability

18.3 Basis of the Bargain

The limitations in this Section reflect the allocation of risk between you and Broos Action. The limitations will apply even if:

  • You have been advised of the possibility of such damages
  • Any remedy fails of its essential purpose
  • The damages were foreseeable

Our pricing reflects this allocation of risk.

18.4 Exceptions

Some jurisdictions do not allow limitation of liability for certain types of damages (e.g., personal injury, fraud, gross negligence). In such jurisdictions, our liability is limited to the maximum extent permitted by law.

18.5 Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control (see Section 25).

19. Indemnification

19.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Broos Action, its directors, officers, employees, agents, partners, suppliers, and affiliates from and against any and all:

  • Claims
  • Demands
  • Losses
  • Liabilities
  • Damages
  • Costs
  • Expenses (including reasonable attorneys’ fees)

Arising out of or related to:

  1. Your use of our Services, including any violation of these Terms
  2. Your User Content, including any claims that it infringes third-party rights or violates applicable laws
  3. Your violation of any rights of third parties, including intellectual property rights, privacy rights, or publicity rights
  4. Your breach of any representation or warranty made in these Terms
  5. Your violation of applicable laws or regulations
  6. Any negligent or wrongful conduct on your part

19.2 Defense of Claims

Broos Action reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases:

  • You will cooperate fully with our defense
  • You may not settle any claim without our prior written consent
  • We have the right to participate in the defense at our own expense

19.3 Notice of Claims

You must promptly notify us of any claim for which you seek indemnification. Failure to provide timely notice may reduce or eliminate your indemnification obligations to the extent we are prejudiced by the delay.

20. Termination and Suspension

20.1 Termination by You

You may terminate your account at any time by:

Termination takes effect at the end of your current billing cycle unless you request immediate termination.

20.2 Termination by Broos Action

We may suspend or terminate your account immediately, without notice, if:

  • You violate these Terms or any applicable policy
  • We detect fraudulent, abusive, or illegal activity
  • You fail to pay amounts owed (after reasonable notice and opportunity to cure)
  • Your account remains inactive for an extended period (typically 12+ months)
  • We are required to do so by law, court order, or government authority
  • We discontinue the Services (with reasonable notice)

20.3 Effect of Termination

Upon termination:

Your Obligations:

  • All outstanding amounts owed become immediately due and payable
  • You must cease all use of our Services
  • You must delete any downloaded software or materials
  • Your license to use our Services terminates immediately

Broos Action’s Obligations:

  • We will retain your User Content for 30 days to allow for retrieval or account reactivation
  • After 30 days, your User Content will be permanently deleted (except where retention is required by law)
  • We may provide you with a final export of your User Content (upon request and payment of any outstanding fees)

Surviving Provisions:
The following sections survive termination:

  • Section 8 (Intellectual Property Rights)
  • Section 9.2 (License Grant to Broos Action, for User Content created before termination)
  • Section 10 (Payment Terms)
  • Section 17 (Disclaimers)
  • Section 18 (Limitation of Liability)
  • Section 19 (Indemnification)
  • Section 21 (Dispute Resolution)
  • Section 22 (Governing Law)

20.4 Account Reactivation

If you wish to reactivate a terminated account:

  • Contact [email protected] within 30 days of termination
  • Pay any outstanding amounts owed
  • Provide assurance that the violations leading to termination will not recur
  • Reactivation is at our sole discretion

20.5 No Refund Upon Termination

If your account is terminated for violation of these Terms, you are not entitled to a refund of any prepaid fees.

21. Dispute Resolution and Arbitration

21.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably.

21.2 Binding Arbitration

Agreement to Arbitrate: You and Broos Action agree that any dispute, claim, or controversy arising out of or relating to these Terms or our Services (collectively, “Disputes”) will be resolved through binding arbitration rather than in court, except as provided below.

Arbitration Rules: Arbitration will be conducted under the rules of the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and, if applicable, its Consumer Arbitration Rules.

Location: Arbitration will take place in [Your County, State] (your county of residence) or another mutually agreed location.

Arbitrator Authority: The arbitrator has exclusive authority to resolve all Disputes, including the interpretation and enforceability of this arbitration provision, except as noted below.

Costs: Each party will bear its own arbitration costs and attorneys’ fees, unless the arbitrator awards costs and fees to the prevailing party as permitted by law.

21.3 Exceptions to Arbitration

The following disputes are not subject to arbitration and may be brought in court:

  • Claims for injunctive or equitable relief to protect intellectual property rights
  • Small claims court actions (if the claim qualifies and remains in small claims court)
  • Claims that cannot be arbitrated under applicable law

21.4 Class Action Waiver

YOU AND BROOS ACTION AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. You waive any right to:

  • Participate in a class action lawsuit
  • Join a consolidated or representative action
  • Act as a class representative or private attorney general

The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding.

21.5 Opt-Out of Arbitration

You may opt out of this arbitration provision by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include:

  • Your full name
  • Account email address
  • A clear statement that you wish to opt out of arbitration

If you opt out, you and Broos Action may bring claims only in court (subject to Section 22).

21.6 Changes to Dispute Resolution

If we make material changes to this Section, you may reject the changes by sending written notice within 30 days. Rejection means this Section (as it existed before the change) continues to apply to you.

21.7 Jurisdictional Variations

Some jurisdictions (e.g., European Union) prohibit or limit mandatory arbitration. If you are located in such a jurisdiction, this Section may not apply, or may apply only to the extent permitted by law.

22. Governing Law and Jurisdiction

22.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or our Services are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles.

International Users: If you are located outside the United States, you agree that your use of our Services is governed by U.S. law and the laws of Delaware, except to the extent that mandatory local laws apply.

22.2 Jurisdiction and Venue

To the extent that disputes are not subject to arbitration (see Section 21):

  • You agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, U.S
  • You waive any objection to venue or inconvenient forum

22.3 European Union Users

For users located in the European Union:

  • Consumer protection laws of your country of residence may apply
  • You may have the right to bring disputes in the courts of your country of residence
  • Nothing in these Terms limits your rights as a consumer under mandatory EU law

22.4 Other International Users

For users located in other jurisdictions:

  • Mandatory consumer protection laws of your jurisdiction may apply
  • You may have rights under local law that cannot be waived by these Terms
  • To the extent permitted by law, you agree to the governing law and jurisdiction specified above

23. Export Compliance

23.1 Export Control Laws

Our Services and underlying technology may be subject to export control and sanctions laws and regulations, including:

  • U.S. Export Administration Regulations (EAR)
  • International Traffic in Arms Regulations (ITAR)
  • Office of Foreign Assets Control (OFAC) sanctions

You agree to comply with all applicable export control and sanctions laws.

23.2 Prohibited Destinations

You may not access or use our Services if you are located in, or a national of, any country or region subject to comprehensive U.S. sanctions, including but not limited to:

  • Cuba
  • Iran
  • North Korea
  • Syria
  • Crimea region of Ukraine

This list may change based on U.S. government policy.

23.3 Prohibited Parties

You represent and warrant that you are not:

  • Listed on any U.S. government list of prohibited or restricted parties (e.g., Specially Designated Nationals List, Entity List, Denied Persons List)
  • Owned or controlled by such a party
  • Acting on behalf of such a party

23.4 Prohibited Use

You may not use our Services to develop, produce, or stockpile:

  • Nuclear, chemical, or biological weapons
  • Missile technology
  • Other weapons of mass destruction

23.5 Responsibility

You are solely responsible for ensuring your use of our Services complies with all applicable export control and sanctions laws. Violations may result in immediate termination of your account and referral to law enforcement authorities.

24. Accessibility

24.1 Commitment to Accessibility

Broos Action is committed to ensuring that our Services are accessible to individuals with disabilities. We strive to comply with:

  • Web Content Accessibility Guidelines (WCAG) 2.1 Level AA
  • Americans with Disabilities Act (ADA)
  • Section 508 of the Rehabilitation Act
  • Other applicable accessibility standards

24.2 Accessibility Features

We implement accessibility features including:

  • Keyboard navigation
  • Screen reader compatibility
  • Alternative text for images
  • Clear and consistent navigation
  • Adjustable font sizes and color contrast
  • Accessible forms and error messages

24.3 Feedback and Assistance

If you encounter accessibility barriers or need assistance:

  • Contact [email protected]
  • Describe the specific issue or barrier
  • Provide your contact information

We will respond within 3 business days and work to address the issue promptly.

25. Force Majeure

Broos Action is not liable for delays or failures in performance caused by events beyond our reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, hurricanes, fires)
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Pandemics or public health emergencies
  • Labor disputes or strikes
  • Internet or telecommunications failures
  • Cyberattacks or security breaches affecting third-party infrastructure
  • Acts of God

25.2 Notification and Mitigation

In the event of a force majeure event:

  • We will notify affected users as soon as reasonably practicable
  • We will make commercially reasonable efforts to mitigate the impact
  • We will resume performance as soon as the force majeure event is resolved

25.3 Extended Force Majeure

If a force majeure event continues for more than 30 days, either party may terminate the affected Services upon written notice without liability (except for amounts owed for Services provided before the force majeure event).

26. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

  • That provision will be modified to the minimum extent necessary to make it valid and enforceable
  • If modification is not possible, the provision will be severed from these Terms
  • The remaining provisions will continue in full force and effect
  • The invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision

27. Entire Agreement

These Terms, together with:

  • Our Privacy and Cookie Policy
  • Our Security Policy
  • Any order forms, service agreements, or addenda you have executed
  • Any other policies referenced herein or services you use or linked to your account

constitute the entire agreement between you and Broos Action regarding your use of our Services and supersede all prior or contemporaneous understandings, agreements, representations, or warranties, whether written or oral.

No Reliance: You acknowledge that you have not relied on any statement, representation, or warranty that is not expressly set forth in these Terms.

28. Contact Information

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

Broos Action Innovations

General Inquiries:
Email: [email protected]

Legal Notices:
Email: [email protected]

Privacy Inquiries:
Email: [email protected]

DMCA Notices:
Email: [email protected]

Security Issues:
Email: [email protected]

Billing Questions:
Email: [email protected]

Mailing Address:
Broos Action Inc
131 Continental Dr, Newark, DE 19713, USA
United States

Response Time: We aim to respond to all inquiries within 3 business days.

Additional Resources

Acknowledgment

BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

✅ You have read and understood these Terms
✅ You agree to be bound by these Terms
✅ You are at least 16 years of age (or the age of majority in your jurisdiction)
✅ You have the authority to enter into this Agreement
✅ You will comply with all applicable laws and regulations

Thank you for choosing Broos Action Inc. We look forward to serving you.

Last Updated: December 30, 2025
Version: 1.0

These Terms and Conditions are provided in English. Translations may be available for convenience, but the English version governs in case of conflict.

This website stores cookies on your computer. Cookie Policy