Agreement
These Terms of Service ("Terms") are a legally binding agreement between you and Individual Entrepreneur Evgenii Averin, registered in the Republic of Armenia ("Brimley", "we", "us", "our") governing your access to and use of the Brimley service, including the website at getbrimley.com and related applications (collectively, the "Service").
By creating an account, connecting an Etsy shop, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.
You must be at least 18 years old to use the Service.
Description of the Service
Brimley is a profit analytics tool for Etsy sellers. With your explicit authorization, we connect to your Etsy shop via the Etsy Open API v3, retrieve your shop's transaction data, and calculate profit metrics such as per-listing profit, fees breakdown, tax-ready exports, and related insights.
Brimley is an independent third-party application. The term "Etsy" is a trademark of Etsy, Inc. This Application uses Etsy's API, but is not endorsed or certified by Etsy.
Your account
3.1 Registration
You must create an account to use the Service. You agree to provide accurate, current, and complete information and to keep it updated.
3.2 Account security
You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at support@getbrimley.com if you suspect unauthorized access.
3.3 One account per person or organization
You may not share your account with others or create multiple accounts to circumvent limits, pricing, or restrictions.
Connecting your Etsy shop
4.1 Authorization
You authorize Brimley to access your Etsy shop data through Etsy's OAuth flow and to retrieve the data described in our Privacy Policy. You can revoke this authorization at any time through your Etsy account settings or through Brimley.
4.2 Your responsibility for Etsy compliance
You are responsible for your own compliance with Etsy's Terms of Use, Seller Policy, and other Etsy policies. Brimley does not control Etsy and cannot guarantee that connecting Brimley to your shop will be consistent with every Etsy policy applicable to you. Review applicable Etsy policies and consult your own advisors as needed.
4.3 Accuracy of data
Brimley's calculations rely on data returned by the Etsy API. While we use the best available data and make calculations as accurately as we can, we cannot guarantee that Etsy's data is complete or error-free at all times. You are responsible for reviewing calculations and reconciling them against your own records, particularly for tax, accounting, or legal purposes.
Subscriptions, billing, and refunds
5.1 Free trial
We may offer a free trial of paid plans. At the end of the trial, you will either be automatically converted to a paid plan (only if you have provided payment information and consented to automatic conversion) or your access to paid features will be restricted.
5.2 Paid plans
Paid plans are billed in advance on a recurring basis (monthly or annually, as you select). Pricing is shown on our pricing page at getbrimley.com/pricing.
5.3 Payment processing
Payments are processed by a third-party payment provider acting as Merchant of Record (currently Paddle.com Market Ltd. or Lemon Squeezy (PayLemon, Inc.)). When you subscribe, you also agree to the payment provider's terms. The Merchant of Record handles tax collection and remittance on your behalf. We do not store full payment card details on our systems.
5.4 Automatic renewal
Subscriptions automatically renew at the end of each billing cycle at the then-current rate unless you cancel before the renewal date. You can cancel any time through your account settings.
5.5 Refunds
30-day full refund guarantee: If you cancel within 30 days of your first paid charge, we will refund the full amount, no questions asked. Email support@getbrimley.com to request a refund.
Outside the 30-day window, paid amounts are non-refundable, except where required by applicable law. Cancellation stops future renewals but does not refund the current billing period.
5.6 Price changes
We may change pricing from time to time. For existing paid subscribers, any price increase will apply no earlier than 12 months after the change is announced, and we will notify you at least 30 days before the increase takes effect. You may cancel before the new price takes effect.
5.7 Taxes
Prices shown are exclusive of applicable taxes unless stated otherwise. The Merchant of Record handling your payment (Paddle or Lemon Squeezy) calculates and remits applicable sales tax, VAT, GST, or similar taxes where required by law. These taxes will be added at checkout based on your location.
Acceptable use
You agree not to:
- Use the Service in violation of any law, regulation, or third-party right.
- Reverse-engineer, decompile, or attempt to extract source code.
- Circumvent usage limits, rate limits, or access controls.
- Share your account credentials with others.
- Use the Service to build a competing product.
- Upload malicious code or attempt to interfere with the Service.
- Scrape, harvest, or copy data from the Service by automated means.
- Use the Service to violate Etsy's Terms of Use or any Etsy policies.
- Misrepresent your identity or affiliation.
We may suspend or terminate accounts that violate these rules.
Your data
7.1 Ownership
You retain ownership of any data you upload to the Service (such as COGS entries and CSV uploads) and of your Etsy shop data. We do not claim ownership of your business data.
7.2 License to operate the Service
You grant us a limited, non-exclusive license to store, process, and display your data to the extent necessary to provide the Service to you. We use this data solely as described in our Privacy Policy.
7.3 Export and deletion
You can export your data at any time from within the Service. You can delete your data or close your account at any time, subject to legal retention obligations described in our Privacy Policy.
Our intellectual property
The Service, including its software, designs, text, graphics, and logos (excluding your data and third-party content such as data retrieved from the Etsy API), is owned by Brimley and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose, subject to these Terms.
The Brimley name and logo are our trademarks. You may not use them without our prior written consent, except to refer factually to the Service.
Third-party services
The Service integrates with third-party services (Etsy, Printify, Printful, Paddle, Lemon Squeezy, and others). Your use of those services is governed by their own terms and privacy policies. We are not responsible for the operation, content, or practices of third-party services.
Etsy API disclaimers and obligations
10.1 Required warranty disclaimer
DISCLAIMER: THIS APPLICATION IS SOLELY PROVIDED BY INDIVIDUAL ENTREPRENEUR Evgenii Averin (THE "APPLICATION DEVELOPER"). YOU ACKNOWLEDGE THAT ETSY, INC. AND ITS AFFILIATES ARE NOT THE APPLICATION DEVELOPER, DO NOT PROVIDE THE APPLICATION SERVICE, AND MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO THE APPLICATION OR DATA ACCESSED THROUGH IT.
10.2 Etsy trademark
The term "Etsy" is a trademark of Etsy, Inc. This Application uses Etsy's API, but is not endorsed or certified by Etsy.
10.3 No Etsy liability
You agree that Etsy, Inc. and its affiliates are not party to these Terms, have no obligation to you under these Terms, and are not responsible for the Service. You waive any claims against Etsy arising from your use of the Service.
Warranty disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT DATA OR CALCULATIONS WILL BE COMPLETE OR ACCURATE AT ALL TIMES.
THE SERVICE DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING, OR INVESTMENT ADVICE. PROFIT CALCULATIONS AND REPORTS ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. YOU ARE RESPONSIBLE FOR CONSULTING QUALIFIED PROFESSIONALS FOR TAX FILING, ACCOUNTING DECISIONS, AND LEGAL MATTERS.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
BRIMLEY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR $100 (ONE HUNDRED US DOLLARS), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU. TO THE EXTENT A LIMITATION IS NOT ENFORCEABLE, THIS SECTION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud.
Indemnification
You agree to indemnify, defend, and hold harmless Brimley and its officers, directors, employees, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from:
- Your use of the Service in violation of these Terms.
- Your violation of any law or third-party right, including Etsy's Terms of Use.
- Data you upload or content you generate.
Termination
14.1 By you
You may cancel your subscription or delete your account at any time through account settings or by emailing support@getbrimley.com.
14.2 By us
We may suspend or terminate your access to the Service immediately if:
- You materially breach these Terms.
- Your use of the Service creates a legal, security, or operational risk.
- We are required to do so by law.
- Etsy withdraws or restricts our API access in a way that prevents us from providing the Service.
We will give reasonable notice before termination where feasible. If we terminate without cause, we will refund any unused portion of prepaid fees.
14.3 Effect of termination
Upon termination:
- Your access to the Service ends.
- We will delete your data as described in the Privacy Policy.
- Sections of these Terms that by their nature should survive (intellectual property, disclaimers, limitations, indemnification, governing law) remain in effect.
Changes to these Terms
We may update these Terms from time to time. When we do:
- We will update the "Last updated" date at the top.
- For material changes, we will notify you by email or in-app notice at least 30 days before the changes take effect.
- Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
The most current version is always available at getbrimley.com/terms.
Governing law and disputes
16.1 Governing law
These Terms are governed by the laws of the Republic of Armenia, without regard to conflict-of-laws principles. This does not deprive consumers of the protection afforded to them under the mandatory laws of their country of residence.
16.2 Informal resolution
Before filing a claim, you agree to first attempt to resolve the dispute informally by emailing legal@getbrimley.com with a description of the claim. We will attempt to resolve the dispute within 60 days of receipt.
16.3 Venue
If the dispute is not resolved informally, any legal action must be brought exclusively in the competent courts of the Republic of Armenia located in Yerevan, and you consent to the personal jurisdiction of those courts. This paragraph does not apply to consumers who have mandatory local venue rights under their own country's law.
16.4 Consumer rights carve-out
If you are a consumer resident in the European Economic Area, United Kingdom, or any jurisdiction granting mandatory consumer protection rights, nothing in this Section 16 limits those rights. You may bring proceedings in the courts of your country of residence if required by applicable law.
Miscellaneous
- Entire agreement: these Terms, together with the Privacy Policy and any referenced policies, are the entire agreement between you and Brimley regarding the Service.
- Severability: if any provision is found unenforceable, the remaining provisions remain in effect.
- No waiver: failure to enforce a provision is not a waiver of our right to enforce it later.
- Assignment: you may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets.
- Force majeure: we are not liable for failures caused by events beyond our reasonable control (natural disasters, network outages, acts of government, etc.).
- Notices: we may provide notices by email to the address associated with your account or by posting in the Service.
- Language: these Terms are provided in English. If translated, the English version prevails in case of conflict.
Contact
Questions about these Terms:
Email: legal@getbrimley.com (or support@getbrimley.com for general support) Mail: Individual Entrepreneur Evgenii Averin (address will be updated upon completion of business registration)