Terms Of Use

Last updated: October 27, 2025

Please read these Terms and Conditions carefully before using our website or services.

1. Interpretation and Definitions

Interpretation

Words with initial capital letters have specific meanings defined under this section. These definitions apply equally whether used in singular or plural form.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means any entity that controls, is controlled by, or is under common control with the Company, where “control” means ownership of 50% or more of the shares or voting interests.
  • Country refers to California, United States.
  • Company (referred to as “the Company”, “We”, “Us” or “Our”) refers to Brinkera LLC, located in San Mateo, California, USA.
  • Device means any device capable of accessing the Service, such as a computer, smartphone, or tablet.
  • Service refers to the Brinkera website.
  • Website refers to Brinkera, accessible at https://brinkera.com.
  • You means the individual, company, or other legal entity accessing or using the Service.

2. Acknowledgment

These Terms and Conditions constitute a legally binding agreement between You and the Company regarding the use of our Service. By accessing or using our Service, You agree to comply with and be bound by these Terms.

If You disagree with any part of these Terms, You must not use the Service.

You confirm that You are at least 18 years old. Persons under 18 are not permitted to use our Service.

Your access to and use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. Please review it carefully.

3. Intellectual Property and Ownership

All content on the Brinkera website—including text, images, graphics, videos, design elements, code, and trademarks—is the exclusive property of Brinkera LLC and its licensors. All rights are reserved.

Our trademarks, logos, trade dress, and service marks may not be used in connection with any product or service without prior written consent from Brinkera LLC.

You agree not to copy, reproduce, distribute, modify, or publicly display any part of the Service or its content without explicit authorization from the Company.

4. Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by the Company. We are not responsible for the content, policies, or practices of any third-party sites. We recommend reviewing their respective Terms and Privacy Policies before using them.

5. Termination

We may suspend or terminate your access to the Service at any time, without prior notice or liability, if you breach these Terms or engage in behavior that harms the Company or its users. Upon termination, your right to use the Service will immediately cease.

6. Limitation of Liability

To the maximum extent permitted by law, Brinkera LLC and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including but not limited to loss of data, revenue, profits, or business opportunities.

In no event shall the total liability of the Company exceed the greater of $100 USD or the amount You paid for using the Service, if any.

7. “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided “AS IS” and “AS AVAILABLE” without any warranties of any kind. The Company does not guarantee that the Service will be uninterrupted, error-free, secure, or free of harmful components.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of these limitations may not apply to You. In such cases, the Company’s liability will be limited to the fullest extent permitted by law.

8. Governing Law

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

9. Dispute Resolution

In the event of any dispute or concern regarding the Service, You agree to first contact the Company directly to seek an informal resolution before pursuing any legal action.

10. For European Union Users

If You are a resident of the European Union, You will retain any mandatory legal protections granted by the laws of your country of residence.

11. U.S. Legal Compliance

You represent and warrant that You are not located in a country subject to U.S. embargoes or designated as supporting terrorism, and that You are not on any U.S. government list of restricted or prohibited parties.

12. Severability and Waiver

Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

Waiver

The failure of the Company to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

13. Changes to These Terms

We reserve the right to modify or update these Terms at any time. Material changes will be communicated by posting an updated version on our website with a new “Last updated” date. Continued use of the Service after such updates constitutes acceptance of the new Terms.

14. Contact Us

If you have any questions about these Terms and Conditions, please contact us: