Terms of Service
1. Legal identity
Brimky is a brand and service operated by Custom Software Solutions LLC. These Terms govern your use of our managed website, CMS, hosting, maintenance, support, development, and related services (the “Services”).
2. Managed service model
Brimky provides managed website, CMS, hosting, maintenance, support, and related services. Unless expressly agreed in writing, customers do not receive direct access to upstream hosting-provider accounts, cPanel, WHM, server controls, DNS controls, databases, SSH, SFTP, source files, file systems, or administrative infrastructure.
We may restrict, deny, or revoke technical access where we believe it is necessary to protect security, reliability, compliance, our platform, our upstream providers, or other customers. Client may not attempt to bypass the CMS, access restrictions, security controls, or administrative systems.
3. Client responsibility for content
Client is solely responsible for all website content, text, images, videos, logos, trademarks, products, services, pricing, offers, testimonials, reviews, claims, forms, disclosures, privacy notices, and legal compliance related to Client’s website and business.
IP warranty. Client represents and warrants that Client owns or has all necessary rights and licenses to use every name, trademark, logo, brand element, copy, image, photograph, video, font, code library, and other material submitted to the Services. Client is solely responsible for trademark, copyright, publicity-rights, and other intellectual-property compliance and for any consequences arising from a lack of those rights.
Publication, non-removal, or technical hosting of content does not mean we have reviewed, verified, approved, endorsed, or accepted responsibility for that content.
4. AI / internal screening disclaimer
We may use automated tools, AI-assisted tools, and manual processes to screen submitted changes or hosted content for security, abuse, spam, malware, hosting-provider, platform-policy, operational, or legal-risk indicators. Such screening is limited, may be inaccurate, and does not constitute legal, regulatory, copyright, trademark, advertising, accessibility, privacy, tax, medical, financial, or professional review.
Client remains solely responsible for determining whether its content and business practices comply with applicable laws and third-party rights.
No compliance certification. Nothing in the Services constitutes certification, audit, verification, or endorsement of compliance with the FTC Act, ADA, WCAG, Section 508, EN 301 549, GDPR, UK GDPR, CCPA / CPRA, HIPAA, COPPA, state consumer-protection laws, EU Unfair Commercial Practices Directive, EU Digital Services Act, professional-licensing rules, or any other legal or regulatory standard, unless we have entered into a separate written agreement that expressly provides such a certification.
5. No direct hosting access
Client acknowledges that the Services are provided as a managed service and that direct access to hosting-provider accounts, server controls, cPanel, WHM, DNS, databases, source files, or file systems may be restricted or unavailable unless separately agreed in writing.
6. Third-party infrastructure
Our Services may rely on third-party infrastructure, hosting providers, domain registrars, DNS providers, payment processors, email providers, analytics providers, plugins, APIs, AI tools, and other vendors. We are not responsible for third-party outages, suspensions, policy changes, pricing changes, security incidents, or service limitations outside our reasonable control.
7. Domain names
Unless otherwise agreed in writing, Client is responsible for owning, registering, maintaining, renewing, and legally using its domain name. If Brimky assists with domain registration, transfer, DNS configuration, nameserver setup, SSL verification, email authentication, or other domain-related services, Brimky does so as a managed technical service provider and not as an ICANN-accredited registrar. Client is responsible for all registration, renewal, redemption, restoration, transfer, privacy, premium-domain, and related fees, for providing accurate registrant information, and for ensuring that the domain name, business name, trademarks, branding, and website content do not infringe the rights of others. See our Hosting & Service Policy for the full operational terms covering domain management, registrar relationships, transfer locks, and website migration.
8. Suspension and removal rights
We may suspend, disable, restrict, remove, or refuse any content, website, account, feature, or service if we believe it may violate law, third-party rights, these Terms, our Acceptable Use Policy, payment obligations, upstream provider policies, or may create security, abuse, operational, legal, reputational, or financial risk. We may act without prior notice where we believe immediate action is necessary.
9. Payments and nonpayment
Fees include setup fees, recurring fees, hosting fees, support fees, and any addons selected at checkout or added later. We may suspend or terminate services for late, failed, disputed, reversed, or charged-back payments. Client remains responsible for all amounts due through the effective cancellation or termination date.
See the Refund & Cancellation Policy for what is and isn’t refundable.
10. Taxes
Fees do not include taxes unless stated otherwise. Client is responsible for applicable taxes, duties, governmental charges, or similar assessments in Client’s jurisdiction (e.g. EU VAT, US state sales and use tax). We may collect and remit taxes where we determine we have a registration, nexus, or marketplace-facilitator obligation. For EU B2B customers, where a valid VAT ID is supplied the reverse-charge mechanism may apply.
11. Ownership
Client owns: content Client provides, logos Client owns, photos Client owns, copy Client provides, business data.
We own: the CMS, platform, templates, reusable code, internal tools, workflows, AI screening setup, admin systems, design systems, hosting configuration, and non-client-specific components.
Unless separately agreed, Client receives a limited, non-exclusive, non-transferable right to use the website and Services during the active subscription term.
12. Export and migration
Upon termination, Client may request a reasonable export of transferable website content within 30 days, subject to payment of outstanding amounts, technical limitations, and any applicable export or migration fees. We are not required to provide proprietary platform code, templates, internal tools, server configurations, or third-party licensed materials.
13. Disclaimer of warranties
Services are provided “as is” and “as available” to the maximum extent permitted by law. We do not warrant that the Services will be uninterrupted, error-free, secure, compatible with all third-party systems, or meet every business requirement.
14. Limitation of liability
To the maximum extent permitted by law, our total liability for claims related to the Services will not exceed the amounts paid by Client to us for the Services during the 6 months before the event giving rise to the claim. We are not liable for lost profits, lost revenue, lost data, business interruption, reputational harm, consequential damages, indirect damages, punitive damages, third-party platform issues, or hosting outages.
15. Indemnification
Client agrees to defend, indemnify, and hold harmless Custom Software Solutions LLC, Brimky, and their owners, officers, contractors, vendors, and service providers from claims, damages, losses, liabilities, costs, and expenses arising from Client’s content, products, services, claims, customer data, privacy practices, intellectual-property infringement, illegal activity, misuse of the Services, or breach of these Terms.
16. Governing law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws principles. The state and federal courts located in Delaware have exclusive jurisdiction over disputes arising from these Terms, subject to mandatory consumer-protection rules in your jurisdiction.
17. Changes to these Terms
We may update these Terms. Material changes will be communicated by notice on the Brimky website, in the dashboard, or by email. Continued use of the Services after a change takes effect constitutes acceptance.
18. General provisions
Force majeure. Neither party is liable for delays or failures in performance caused by acts of God, natural disasters, labor disputes, government action, war, terrorism, pandemics, denial-of-service attacks, third-party hosting / network outages, or any other event outside its reasonable control.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Entire agreement. These Terms (together with our Acceptable Use Policy, Privacy Policy, Hosting Policy, CMS Submission Policy, DMCA Policy, Refund Policy, Cookie Policy, and any order forms or statements of work) form the entire agreement between you and Custom Software Solutions LLC and supersede any prior or contemporaneous understandings.
No waiver. Failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. Client may not assign or transfer these Terms without our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of our business.
No third-party beneficiaries. These Terms confer no third-party beneficiary rights.
Notices. Notices to us should be sent to [email protected] or to Custom Software Solutions LLC, 8 The Green #18856, Dover, DE 19901, United States. Our registered agent of record is Northwest Registered Agent Service, Inc. at 8 The Green, Ste R, Dover, DE 19901. We may give Client notices through the dashboard, by email, or on the Brimky website.
Survival.Provisions that by their nature should survive termination — including ownership, payment obligations owed before termination, disclaimer of warranties, limitation of liability, indemnification, and these general provisions — will survive termination of these Terms.
Headings. Section headings are for convenience and do not affect interpretation.
19. Contact
Legal questions: [email protected]. General support: [email protected] or the contact form.