End-User License Agreement

Effective date: November 5, 2024

This end-user license agreement (“EULA”) is a legal agreement between you (“You”) and Brickit Inc. (“Brickit”). Read it carefully before completing the installation process and using the Pileometer mobile application (“Application”). It provides a license to use the Application and contains warranty information and liability disclaimers. By installing and using the Application, You are confirming your acceptance and agreeing to become bound by the terms of this agreement.

We comply with the Children’s Online Privacy Protection Act (COPPA). Our Application is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If we discover that we have unintentionally gathered personal information from a child under 13 without verified parental consent, we will take immediate action to delete such information from our servers.

1. Grant of License

Brickit grants You a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, worldwide, limited license to download, install and use the Application strictly in accordance with the terms of this EULA.

2. Intellectual Property

Brickit shall own and retain all right, title and interest in and to all intellectual property rights related to the Application, its documentation and all updates to them. You do not acquire any other rights, express or implied, in the Application outside of the revocable license granted in clause 1 hereof.

3. Limitations

Except as used expressly stipulated by this EULA You may not modify, reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Application, perform any other actions with the source code of the Application, create derivative works using the Application, sublicense, rent, lease or lend any portion of the Application and otherwise use the Application without the Brickit’s written consent.

You may not reproduce and distribute the Application or any materials within the Application in any form other than the form received, without Brickit’s written consent, and may not distribute the Application for commercial purposes (including for a fee).

4. Fees and Payment

Certain features of the Application may be provided on the basis of a paid subscription (“Paid Plan”). If you purchase access to a Paid Plan, you agree to pay a fee on a monthly basis or at some other recurring interval.

You agree to pay the fees by credit card or another payment method accepted on the Application. If you purchase a Paid Plan, we may charge you on a recurring basis until you cancel your Paid Plan. You may cancel your Paid Plan at any time; however, all fees are non-refundable. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Application.

We may add new features for additional fees or change pricing at any time. We will communicate any price changes to you in advance. By accessing or using the Application, you agree to the new pricing.

5. Warranties Disclaimer

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Brickit expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Brickit provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

6. Limitation of Liability

Brickit shall not be liable to You or any third party for any indirect, special, incidental, punitive or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use the Application and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise.

7. Updates and New Versions of the Application

This EULA covers all future updates and new versions of the Application. By agreeing to install an update or new version of the Application, You accept the terms and conditions of this EULA for relevant updates or new versions of the Application, if there is no other license agreement for the update or new version of the Application.

8. Creations and Related Materials

For the purposes of this EULA, the following definitions apply:

“MOC” (My Own Creation) refers to any model with any accompanying images or media that is built based on an Idea (as defined below).

“Idea” refers to any instructions, descriptions, .io files, and any accompanying images or media. Idea serves as the basis or inspiration for creating MOCs, which are built using the instructions provided in the Idea.

Together, “MOC” and “Idea” will be referred to as “Creations.” All Creations must comply with the following guidelines to maintain a safe and friendly environment for all users:

  • All Creations and works submitted to Brickit must be your own Creations. By submitting Creations, you confirm that you are the original author and have all necessary rights to do so;
  • If your model is heavily based on someone else's Idea, You must credit them in your description as link to original Idea;
  • You can't impersonate others or provide inaccurate information. You don't have to disclose your identity on Brickit, but You must provide us with accurate and up to date information. Also, You may not impersonate someone or something You aren't, and You can't upload Creations for someone else unless You have their express permission;
  • There should be no inappropriate content in your Creations. This includes but is not limited to content that is illegal, misleading, fraudulent, discriminatory, hateful, violent, obscene, sexually explicit, or infringes on someone else's rights, including intellectual property rights;
  • Specifically, Creations or content involving, but not limited to, the following topics do not comply with our brand guidelines and will therefore be deemed ineligible for publication:
    • Modern or contemporary warfare, war vehicles, or national war memorials;
    • Large-scale or human-sized weapons or replicas, including but not limited to swords, knives, and firearms;
    • Religious content, including symbols or figures;
    • Depictions of alcohol in a modern context;
    • Themes related to death, violence, bloodshed, terrorism, horror, or torture;
    • Content involving sex, nudity, drugs, or smoking;
    • Racism, bullying, or cruelty toward real animals;
    • Political topics, symbols, or campaigns;
    • Use of swearing or offensive language;
    • Copies of existing LEGO sets.
  • No personally identifiable information can be submitted to Brickit in MOC, related materials, comments, etc.;
  • At no time can You upload or display content that violates the LEGO Group's copyright. This includes images with the LEGO Logo. See LEGO's Fair Play Policy for more details.

Failure to adhere to these rules will have your uploaded Creations or related materials rejected, existing Creations or related materials removed, and/or your account banned for repeated offenses.

In the event that there is inappropriate content in Creations, Brickit reserves the right to remove such Creations or/and related materials from the website or the Application or hide it from the users at its discretion without paying any compensation or notifying the author who uploaded those Creations or/and related materials.

Brickit is not obligated to accept or publish any submitted Creations under any circumstances. We reserve the right to deny publication of any Creation without providing a justification.

All materials related to Creations uploaded to Brickit, including photos and instructions, remain owned by the original content creator. However, Brickit shall receive the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, distribute, publicly display, and create derivative works based on these materials for any purpose, including but not limited to advertising and promotional purposes, without any additional consent from the author of the Creations or related materials.

We are not obligated to review all submitted Creations for potential licensing conflicts due to the volume of submissions received, which makes such evaluations impractical. However, we reserve the right to remove any listing at our discretion if legal concerns arise or if a third party asserts a claim regarding your Creations. To mitigate this risk, we strongly encourage you to conduct thorough research to identify any potential conflicts before submitting your Creation. If you believe your Creation has been infringed upon, please submit a notice of copyright infringement via email to support@brickit.app.

9. Ideas Submission Requirements

We accept Ideas in the .io file format, which is used by the Stud.io program for designing and creating digital models using LEGO parts. This file must contain accurate data about the 3D model, including parts used, their location, color, and assembly steps. You can download the Stud.io program for free from the official website: https://www.bricklink.com/v3/studio/download.page. Please note that Stud.io is a third-party service, and Brickit is not responsible for its content, practices, or any issues that may arise from its use. You are responsible for reviewing Stud.io’s Terms of Service and Privacy Policy and for assuming all risks associated with using this service.

When submitting an .io file, please include a small image (preview) showing what the assembled model looks like. This preview can also be generated in the Stud.io program.

The file submitted must be technically correct, meaning it should be open for viewing and editing without errors. The 3D model must be fully assembled and match the image in the preview. Additionally, the file must not contain viruses or other malicious elements.

10. Links to Third-Party Websites

The Application may contain links to websites owned by third parties. Such links are provided for informational purposes only. We are not responsible for any third-party websites or their content.

11. Severability

If any provision of this EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under Applicable law and the remaining provisions will continue in full force and effect.

12. Amendments to this Agreement

Brickit reserves the right, at its sole discretion, to amend or replace this EULA at any time and notify users by publishing the amended version of the EULA at: https://brickit.app/eula/. By continuing to use the Application after any amendments become effective, You agree to be bound by the amended terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

13. Marketing Communications

By agreeing to this EULA, you consent to receive marketing communications, promotional offers, newsletters, and other materials from Brickit via email, postal mail, or other means of communication. You may opt out of receiving these communications at any time by following the unsubscribe instructions provided in the communication or by contacting us directly.

14. Class Action Waiver

By agreeing to this EULA, you agree that any and all disputes, claims, or controversies arising out of or relating to your use of the Application or this EULA will be resolved on an individual basis. You hereby waive any right to participate in any class, collective, or representative proceeding against Brickit.

15. Governing Law and Resolution of Disputes

All claims relating to this EULA or the Application will be governed by the laws of Delaware, excluding its conflict-of-laws rules. Any claim will be resolved by the American Arbitration Association.

You agree that any cause of action arising out of or related to the Application must commence within 1 year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

16. Term

This EULA is effective until terminated. Brickit reserves the right to discontinue the Application at any time without notice and has the right to terminate your license immediately if you fail to comply with any term of this EULA. You may stop using the Application at any time.

17. Copyright Complaint

If you believe that your copyrights have been infringed in any way, please send us a complaint at team@brickit.app with “Copyright” in the subject line.

18. Contact Us

You may contact Brickit regarding the Application or this EULA via email to team@brickit.app.