Welcome to Bromite. a focused space for developers seeking early access to private builds, architecture notes, and the real work behind every release.

Terms of service

Last Updated: 10/31/2023

Welcome, and thank you for your interest in Harsh Bromite (“Creator,” “we,” or “us”) and our website at https://bromites.com, provided through Fourthwall (the “Service”). These Terms of Service are a legally binding contract between you and Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CREATOR’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND CREATOR’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CREATOR AND BY YOU TO BE BOUND BY THESE TERMS.

1. Creator Service Overview

We offer a website where you can purchase digital products and memberships (“Memberships” and, collectively with all other digital content, “Products”).
We do not offer or ship any physical products through the Service.

2. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:
(a) you are at least 13 years old;
(b) you have not previously been suspended or removed from the Service; and
(c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

If you are an entity, organization, or Creator, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access any Membership, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times.

When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at contact@support.bromites.com.

4. General Payment Terms

Purchase of any Product through the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars.

4.1 Price

Creator reserves the right to determine pricing for all Products and Memberships. Creator will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information.

Creator may change the fees for any Product or Membership if the Creator gives you advance notice of changes before they apply. Creator, at its sole discretion, may make promotional offers with different features and different pricing to any of the Creator’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2 Authorization

You authorize Creator and its third-party payment processors to charge all sums for the Products you purchase and Memberships you subscribe to, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Creator or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available.

5. Memberships and Subscriptions

Memberships may include automatically recurring payments for periodic charges. If you activate such a Membership, you authorize Creator or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date.

The “Membership Billing Date” is the date when you purchase the applicable Membership. Your account will be charged automatically on the Membership Billing Date for all applicable fees and taxes for the next Membership period. The Membership will continue unless and until you cancel your Membership or we terminate it.

You must cancel your Membership before it renews in order to avoid billing of the next periodic Membership fee to your account. Creator or its third-party payment processor will bill the periodic Membership fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).

You may cancel a Membership by accessing the billing or account settings within the site or by contacting us at contact@support.bromites.com.

6. Refunds for Digital Products

Because our Products are digital and access is granted immediately, all sales are generally final, unless otherwise stated at the time of purchase or required by applicable law.

In limited cases, and at Creator’s sole discretion, we may offer refunds or partial credits for technical issues, duplicate charges, or other specific circumstances. Any such refund policies will be described on the relevant Product or Membership page.

We do not accept “returns” in the traditional sense, as no physical goods are shipped or received.

7. Licenses

7.1 Limited License

Subject to your complete and ongoing compliance with these Terms, Creator grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and any Memberships or digital Products to which you have subscribed or purchased during the term of your access.

7.2 License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

  • reproduce, distribute, publicly display, or publicly perform the Service or any digital Products, except as expressly permitted;

  • modify, adapt, or create derivative works of the Service or any digital Products;

  • interfere with or circumvent any feature of the Service, including any security or access control mechanism.

If you are prohibited under applicable law from using the Service, you may not use it.

8. Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or any Products (“Feedback”), then you hereby grant Creator an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

9. Ownership; Proprietary Rights

The Service is owned and operated by Creator. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service and Products (“Materials”) provided by Creator are protected by intellectual property and other laws.

All Materials included in the Service are the property of Creator or its third-party licensors. Except as expressly authorized by Creator, you may not make use of the Materials. Creator reserves all rights to the Materials not granted expressly in these Terms.

10. Prohibited Conduct

By using the Service you agree not to:

  • use the Service for any illegal purpose or in violation of any local, state, national, or international law;

  • violate, or encourage others to violate, any right of a third party;

  • interfere with security-related features of the Service;

  • interfere with the operation of the Service or any user’s enjoyment of the Service;

  • perform any fraudulent activity, including impersonation or unauthorized access;

  • sell or otherwise transfer the access granted under these Terms or any Materials;

  • attempt to do any of the above or assist another in doing so.

11. Modification and Termination

Creator reserves the right to change these Terms on a going-forward basis at any time. If you do not agree to the updated Terms, you must stop using the Service.

Creator or Fourthwall may, at either of their sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.

You may terminate your account and these Terms at any time by contacting us at contact@support.bromites.com.

Upon termination:

  • your license rights will end;

  • you must cease all use of the Service;

  • you remain responsible for any unpaid amounts due prior to termination; and

  • certain sections of these Terms will survive termination.

12. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CREATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CREATOR ENTITIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

WE PROVIDE THE SERVICES THROUGH FOURTHWALL BUT THESE TERMS AND ANY PURCHASES OF PRODUCTS ARE SOLELY BETWEEN YOU AND CREATOR. YOU ACKNOWLEDGE THAT FOURTHWALL IS NOT A PARTY TO, AND WILL HAVE NO LIABILITY RESULTING FROM, THESE TERMS OR ANY PURCHASES YOU MAKE.

13. Limitation of Liability

[You can keep your existing limitation language here if you had it; if not, add a standard cap + exclusion of indirect damages.]

14. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Creator and its officers, directors, employees, affiliates, and agents, and Fourthwall (together, the “Creator Entities”) from and against any claims, liabilities, damages, losses, and expenses arising out of or related to:

  • your use or misuse of the Service;

  • your violation of these Terms;

  • your violation of any third-party right.

15. General Terms

These Terms, together with the Privacy Policy and any Additional Terms, are the entire agreement between you and Creator regarding your use of the Service.

You may not assign these Terms without our prior written consent. We may assign these Terms at any time. If any part of these Terms is held invalid, the remaining parts will remain in full force and effect.

“Including” means “including but not limited to.”

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. You and Creator submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California.

17. Privacy Policy

Please read the Creator Privacy Policy carefully for information about how we collect, use, store, and disclose your personal information. The Privacy Policy is incorporated into these Terms.

18. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as described in our Privacy Policy. You agree that any notices, agreements, or other communications we send electronically satisfy any legal requirements that such communications be in writing.

19. Contact Information

The Service is offered by Harsh Bromite. You may contact us by emailing contact@support.bromites.com.