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Platform Agreement

User Terms

Revised May 24, 2024

These User Terms are a binding agreement between you and Brex Inc. (“we”, “us”, “our”) that governs your access to and use of Brex’s Services. Capitalized terms used in these User Terms are defined in our Platform Agreement and Privacy Policy.

By using the Services, you consent to these User Terms and any applicable Service-Specific Terms for Services you use. Brex grants to you limited permission to access and use our Services, and any use of our Services not expressly permitted in our terms is prohibited.

You also acknowledge and agree that by using the Services, your data, including any personal information, may be collected, used, transferred and processed in accordance with our Privacy Policy.

We may update or replace these User Terms by posting an updated version to our legal page. Your continued use of the Services will serve as your acknowledgment and acceptance of any changes to these User Terms.

YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION IN THE MANNER SET FORTH UNDER THE PLATFORM AGREEMENT. PLEASE READ THAT CAREFULLY AND ONLY USE THE SERVICES IF YOU UNDERSTAND AND AGREE TO THE PROVISION.

Table of Contents

  • Access and Use of the Services
  • Using Cards
  • Ownership of Brex Property, Feedback
  • Content
  • Limitation of Liability
  • Suspension and Termination

1. Access and Use of the Services

Eligibility

By accessing or using Services you personally represent, certify, and warrant that:

  • You agree to abide by all local, state, national, and international laws and regulations in your use of our Services.
  • You are not a Prohibited Person.
  • All information you provide to us, is and will be current, accurate, and complete.
  • You will use the Services exclusively for business purposes and not for any personal, family, or household use.

Our Services are intended for use only by persons aged 16 years and over, and some specific Services are intended only for use by persons aged 18 years and over. If you do not meet this criteria, you must immediately discontinue use of our Services.

Consent to electronic signature

By agreeing to the terms of these User Terms, you consent to us providing Notices to you electronically, and understand that this consent has the same legal effect as a physical signature. You may only withdraw consent to receive Notices electronically by closing your Brex Account, if applicable, or by contacting Brex customer support by phone at (833) 228-2044, by email to [email protected], or through chat.

Prohibited and Restricted User Activities

You may only access or use our Services for valid, lawful bona fide business purposes. You are prohibited from accessing or using the Services for:

  • Any purpose that is unlawful or prohibited our terms
  • Personal, family, or household use
  • Any transaction involving any Prohibited Activities
  • Any transaction involving an individual, organization, country, or jurisdiction that is blocked or sanctioned by the United States, including those identified on any lists maintained by OFAC or the U.S. Department of State

You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble, or reverse engineer any of the technology used to operate our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; (f) attempt to manipulate our systems via input injection (including but not limited to, SQL, command, or code injection); or (g) attempt to gain unauthorized access to other computer systems through our Services.

You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services, or interfere with any other party’s use and enjoyment of our Services.

We may terminate your access to our Services for any reason, including if we know or believe that you are engaged in any Prohibited or Restricted Activities or otherwise do not comply with these restrictions.

Infringement

You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:

Brex Inc. | 650 S 500 W | Suite 300 | Salt Lake City, UT 84101-2380 Phone: 1-833-228-2044 Email: [email protected]

To find out what to include in the notice, click here to review the DMCA.

Safeguards and Credentials

When accessing our Services, you will maintain your own unique set of Credentials and keep those Credentials secure. You will not share those Credentials with any other person or third party, or reuse Credentials for other services. You will use all reasonable means to protect Cards, checks, mobile devices, web browsers, and anything else used to access or utilize the Services, as applicable.

Other than set forth in Section 2.1 of the Platform Agreement, you will not allow any other person or third party to use or access a Company’s Brex Account or Brex’s Services on your behalf.

Professional Service Provider Users

Certain users are authorized to interact with Brex Services when delegated by our customers to provide professional services (“Professional Service Provider Users”) for the authorizing Company, including but not limited to under Brex’s Pro Access Program. In such instances, in addition to the other User Terms herein, Professional Service Provider Users agree as follows:

  • They will only access Brex Services and a Company’s Brex Account as authorized by that Company.
  • They will not exceed the limited permissions they are granted by Brex or Company.
  • They will be strictly liable to Brex and the Company, and will indemnify and defend Brex and Company from any claims arising from, for any errors, omissions, or other activity using Brex Services that causes damage or losses to Brex, the Company, or any other User or Company, including but not limited to any destruction, loss, alteration, and/or unauthorized or unlawful disclosure of data accessed by Professional Service Provider Users.

2. Using Cards

To the extent that you are issued a Card, you are responsible for securing Cards, account numbers, and Card security features (including the CVV and PIN, if any) as set forth in further detail in our Brex Card Program Terms. You will promptly notify us when a Card is lost, stolen, breached, or needs to be replaced.

Brex may suspend or cancel Cards at any point and for any reason including where directed by your Company or an Issuer or where we determine in our sole discretion that continuing to provide Services poses an unacceptable risk to you, other Users, your Company, an Issuer, Brex, or third parties.

Brex Accounts and Brex Cards are commercial in nature, and you acknowledge and understand that certain consumer protection laws (including the Electronic Funds Transfer Act or Regulation E) and consumer-specific rules (including NACHA rules specific to consumers) do not apply to your use of the Services.

3. Ownership of Brex Property, Feedback

Brex and licensors own the incorporated Brex Property. You may only use Brex Property as provided to you and for the purposes provided in these User Terms or as otherwise permitted by the Platform Agreement between your Company and Brex or another duly authorized written agreement that you have with Brex. You may not modify, reverse engineer, create derivative works from, or disassemble Brex Property, or register, attempt to register, or claim ownership of Brex Property or portions of Brex Property.

Brex grants you a nonexclusive and nontransferable license to use Brex Property solely as provided through the Services and as permitted by these User Terms. This license terminates upon termination of these User Terms unless terminated earlier by us.

We sometimes release Beta Services in order to test new products, features, and programs, and we may make these Beta Services available to you to get your Feedback. We may change or discontinue Beta Services at any time. If you use Beta Services, you agree to keep information about the Beta Services confidential until we publicly announce the products, features, or programs. Any Beta Services are provided to you AS IS and without warranty. We may use any Feedback about the Services or Beta Services freely and without restriction. Except where specifically notified by us, we will not compensate or credit you for Feedback you provide to us.

4. Content

Information provided on our website and in other communications from us, other than the agreements that we otherwise expressly denote as governing your relationship with Brex, is for information purposes only. We may change or update information from time to time without Notice.

Unless otherwise expressly stated by Brex, you acknowledge that Brex is not a law firm, accountant, financial advisor, or other professional services provider, and accordingly, does not provide legal, financial, benefits, tax, IT, compliance, or other professional advice. Any information provided by Brex does not constitute legal or professional advice. You understand that you are responsible for any actions taken based upon information received from Brex, and where professional advice is needed, that you should seek independent professional advice from a person who is licensed or qualified in the applicable area.

Information we provide on our website and in other communications to you may contain third-party content or links to third-party sites and applications. We do not control any such third-party content, sites, or applications, and we are not responsible or liable for the availability, accuracy, completeness, or reliability of third-party content or for damages, losses, failures, or problems caused by, related to, or arising from such third-party content or the products or practices of third parties.

5. Limitation of Liability

Unless otherwise agreed in a duly authorized written agreement between you and Brex, or your Company and Brex (as applicable), or as otherwise set forth or restricted by applicable law, you agree that Brex is not liable to you or any other person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive, direct, or indirect), injury, claim, liability, or other cause of action based upon or resulting from the use or attempted use of our Services, including but not limited to any claim or damage arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions, or other materials accessed through our Services.

You agree that you use our Services, including content available through our Services, at your own discretion and risk. You are solely responsible for any damage to your property (including any computer system or mobile device used in connection with our Services), or the loss of data that may result from the use of our Services. Additionally, you agree that Brex is not liable or responsible for any defamatory, offensive, illegal, or other conduct of third parties.

6. Suspension and Termination

Brex may suspend or terminate a User’s access to the Services at any time and for any reason, in our sole and absolute discretion, without prior Notice. Brex may terminate these User Terms at any point and for any reason without prior Notice.