Terms of Use

Brixel AG welcomes you to www.brixel.ch, its website. Here you will find all the information regarding our terms of service. They are crucial and affect your legal rights. Therefore, carefully read this and our data protection policies. Here we go…

1. Introduction

We appreciate your selection of Brixel (after this, also referred to as „Brixel,“ „we,“ „us,“ or „our“). By registering for or using Brixel’s websites and related services, software applications (collectively, the „Brixel Services“ or „Services“), or by accessing content or material made available by Brixel as part of the Services (the „Content“), you enter into a legally binding agreement with Brixel AG, based in Zurich.

Your agreement with us is comprised of these Terms of Service („Terms“) and our Privacy Statement (collectively, „Agreements“). The most recent copies of all agreements are always available on the Brixel website. You accept and are bound by acknowledging that you have read and comprehended these terms. You cannot utilize Brixel services or access Brixel content if you do not receive it.

Read the contracts thoroughly. They contain essential information regarding the Brixel services you have received. The Agreements contain information regarding future modifications, limitations of liability, privacy policies, and resolving disputes through arbitration instead of litigation in court.

You can edit any information entered during registration. To do so, return to the previous pages, change the wrong inputs, or navigate to your user account or property editor.
To use Brixel Services, you must (1) be at least 18 years old, (2) you must have the legal capacity to enter into a contract with us and not be prohibited by any applicable law from doing so; and (3) you must reside in a country where the Services are available. You must also guarantee that the information you supply to Brixel during registration is true, accurate, and complete and that you are allowed to communicate this information.

2. Contract modification

We have the right to modify the Agreements at any time and our sole discretion. If we make substantial modifications to the Agreements, we will tell you in a manner that is conspicuous and appropriate for the circumstances. This may be an email or a prominent notification inside the Services. In certain instances, we will provide advance notice, and you will consent to the modifications by continuing to use our services. Please ensure that you properly read the following statements. If you no longer wish to use the Services following the amended Agreements, you may cancel the Agreements by telling us.

3. Our services and costs

We provide a service that enables users with user accounts to construct real estate websites, promote homes for sale, conduct searches, offer services, communicate with other users, and order provided services.

Several Brixel services are offered to you at no cost. Other services require payment before their use. Our website has additional information about our services.

Occasionally, we may offer trial offers for Paid Services for a limited time, either for free or at a discounted rate. Brixel reserves the right, in its sole discretion, to modify or revoke your qualification at any time in line with applicable law, without prior notice, and without incurring liability, to the maximum extent permissible by law.

4. Rights accorded to you

The Services and Content are the property of Brixel or its licensors. We grant you a limited, non-exclusive, revocable license to use the Brixel Services for personal, non-commercial purposes. This license will remain in effect until either you or Brixel terminates it. You warrant that you will use all Brixel services for your personal use and will not resell or transfer them to third parties. Otherwise, you are required to notify us in advance via written communication.

5. User generated content

As a user, you may post, upload, and/or contribute content, including but not limited to images, text, messages, information, and/or other content, to the service („user-generated content“). To avoid confusion, „user-generated content“ refers to any content uploaded or published in any part of the Brixel Services.

You represent, concerning any user-generated content, that (1) you have the right to share such content and (2) such content or Brixel’s use of it does not violate any agreement, applicable law, or any right of ownership, publicity right, privacy right, or violate any other rights of any person or imply Brixel’s endorsement of your User-generated content without the express written consent of that person or entity.

Brixel is permitted but not required to monitor, review, or edit User-generated content. Brixel reserves the right in all circumstances to remove or disable access to User-generated content for any reason it deems to violate the Agreements. Brixel is permitted to take these actions without informing you or a third party beforehand.

6. Responsibilities you have to us

It would help to prevent unauthorized third parties from gaining access to the software and services by taking the necessary precautions.

You are responsible for entering and updating your data and information to use the software and services. To utilize Brixel’s service, you must establish a „user identity.“ You must keep your „user identity“ and password confidential and not make them accessible to unauthorized parties.

Depending on the model, you must pay us one-time, monthly, or annual fees for software services and data hosting. We will provide you with at least one month’s written notice of any changes to the Fees and Services that are reasonable from your perspective. The basis and rationale for such modifications are technical advancements and additional software and service development. If you are unwilling to continue the contract under these new terms, you may terminate the agreement once the new fees take effect.

7. User Policy

Brixel respects intellectual property rights, and you must know as well. While using the service, you must adhere to a few fundamental guidelines. Under no circumstances is the following allowed:

  • Copy, redistribute, reproduce, „rip,“ record, transmit, perform or play back in public, broadcast, or otherwise make publicly available any portion of the Service or Brixel Content, or use the Service or Brixel Content in violation of any intellectual property rights (such as copyright) in the Services or Brixel Content or any portion thereof.
  • Transfer cached information from one authorized device to another.
  • Except as permitted by applicable law, reverse-engineer, decompile, disassemble, modify, or create derivative works of the Service or Brixel Content or any portion thereof.
  • Bypass any technology employed by Brixel, its licensors, or third parties to safeguard the Content or the Services.
  • The sale, rental, sublicensing, or leasing of any portion of the Service or Brixel Content is prohibited.
  • Circumvention of Brixel or its licensors‘ territorial restrictions.
  • Remove or modify any copyright, trademark, or other intellectual property notices contained in the Content or Services or made available through the service (including to obscure or alter the identification of the owner or source of any Content).
  • Disclosure of your password to a third party or using a third party’s username and password constitutes a security breach.

„Crawling“ the Brixel Services or using other automated means (such as bots, scrapers, or spiders) to view, access, or collect information from Brixel or the Brixel Service is prohibited.

8. Advertising

On the platform, we may facilitate the placement of third-party advertisements from our partners. We assume no responsibility if a user enters into a contract with companies or individuals advertising on the platform.

9. Data hosting

On a server, we host the customer’s data. We are responsible for ensuring that the data can be accessed via the www.brixel.ch website. You agree not to store any information on the www.brixel.ch platform that violates laws or third-party agreements. We must take precautions against data loss and third parties‘ unauthorized access to your data. We perform daily data backups. In any event, you remain the sole owner of your data. You may therefore request the return of any data at any time, including after the conclusion of the contract, without our having a right of retention.

10. Customer support

During business hours, Monday through Friday, 9:00 a.m. to 12:00 p.m. and 1:30 p.m. to 5:00 p.m., we respond to customer inquiries (via email, phone, in-app chat, or WhatsApp) regarding the Software and Services following this agreement. In addition, we welcome all inquiries and will do our best to respond as quickly as possible.

11. Intellectual property

11.1. Concerning the Platform and Services

We retain ownership of the website and the services provided.

11.2. Concerning created user profiles

You own the profiles as intellectual property. You grant us permission to store and use the data and products you provide and that we keep on your behalf to the extent required to provide the service. The data may also be utilized in the service is upgraded.

12. Liability

12.1. Liability of Brixel

We assume no responsibility for any damages incurred from your platform use unless caused by gross negligence or malice. You are responsible for ensuring adequate virus protection; we take no responsibility for viruses transmitted due to your use of the Website or the Services.

12.2. Your liability

You are responsible for all data uploaded using your account, especially if they violate third-party rights or laws.

13. Guarantee

We cannot guarantee the accuracy of any platform content or user-generated content. We also cannot guarantee uninterrupted access to the service or its availability.

14. Data security

We take appropriate precautions to prevent unauthorized access to data stored in our facilities. Nevertheless, you are responsible for the security and strength of your password.

15. Data privacy

Please review our privacy policy at https://brixel.ch/en/datenschutzr....

16. Final provisions

16.1. Applicable law and jurisdiction

The law of Switzerland governs the legal relationship between you and us. Zurich, Switzerland, has exclusive jurisdiction over all disputes arising from or relating to this legal relationship.

Zurich, 10th October 2019

© Copyright Brixel AG. All rights reserved.

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Brixel AG

Ernastrasse 22 8004 Zurich Switzerland