Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Bracemark website at bracemark.com and app.bracemark.com, the Bracemark applications for iOS, Android, Chrome, and Firefox, and any related services (together, the “Service”), all provided by STX Apps Co., Ltd. (“STX Apps”, “we”, “us”).

By creating an account, or by otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree to them, please stop using the Service and uninstall the applications. Our Privacy Policy explains how we handle information and forms part of this agreement.

Please read the Disputes section below before you agree. It sends most disputes to individual arbitration rather than to a court, and it waives class actions and jury trials. You can opt out of it within thirty days and keep everything else, and it does not touch the rights your local consumer law gives you.

Who may use the Service

You must be at least 13 years old to use the Service, and old enough to form a binding contract where you live. If you use the Service on behalf of an organisation, you confirm that you are authorised to accept these Terms for it.

Your licence to use the Service

Subject to your compliance with these Terms, STX Apps grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to use the Service, and to install and use the applications on devices you own or control, for your own personal or internal business use.

Your licence to any application you download from an app store is also governed by that store’s own terms (the “App Store Terms”). Where these Terms conflict with the applicable App Store Terms, the App Store Terms prevail for that application. Download the applications only from the stores through which we publish them.

We may suspend or terminate your licence, or any part of the Service, if you breach these Terms or the acceptable-use rules below. On termination, the rights granted to you end and you must stop using the Service; the sections that by their nature should survive — including those covering our content, disclaimers, liability, indemnity, and disputes — continue to apply.

You can end this agreement whenever you like: stop using the Service and uninstall the applications, or delete your account from Settings → Account, which removes what we hold for it. Deleting an account does not cancel a subscription — see Plans, fees, and subscriptions below.

Your account, your password, and your key

A Bracemark account is a username and a password. We do not ask for an email address or any other personal identifier, and there is no account-verification step.

Your password unlocks the key that encrypts your library. That unlocking happens on your device. Neither your password nor the key it opens is ever sent to us, and we have no copy of either. This has consequences you must accept before you use the Service:

1. We cannot reset your password and we cannot recover your data. If you lose your password and have not saved a recovery code, your saved links cannot be decrypted by anyone — including us. This is not a support matter that can be escalated.
2. A recovery code is your second way in. The Service can generate one when you create your account, and you can generate or replace one later. It is shown once. Storing it somewhere safe, and separately from your password, is your responsibility.
3. Anyone with your password or recovery code has your library. You are responsible for keeping both secret and for all activity under your account, whether or not you authorised it. Tell us promptly if you believe either has been exposed.

Usernames are unique and, once an account is deleted, the username is retired rather than released for reuse. Some usernames are reserved so that no account can appear to speak for Bracemark or for a system role.

Your content

The links you save, and everything you record about them, remain yours. You grant us no licence over their contents, and we could not exercise one if you did: we hold them only as encrypted files that we have no means of reading.

You are responsible for what you save and for having the right to save it, including anything a save captures from the page it points to. You should assume that a saved link is a pointer, and that the page behind it may change or disappear at any time.

Export your data at any time, on any plan, using the export feature in the app. We recommend keeping your own backups: our storage is redundant, but it is not a substitute for a copy you control.

If you have not signed in or used your account for at least two years, we reserve the right to delete the data stored for it, in order not to hold encrypted data indefinitely for accounts that have been abandoned.

Feedback

If you send us an idea, a bug report, or a suggestion, you give us permission to use it — in any way, anywhere, without payment, attribution, or any obligation of confidence. Please do not send us anything you consider secret or that belongs to someone else. This says nothing about the links and notes in your library, which are covered by Your content above.

Acceptable use

You agree not to:

• use the Service to store or distribute material that is unlawful where you are, or that infringes someone else’s rights;
• attempt to gain unauthorised access to any account, system, or data, or to circumvent any limit, quota, or entitlement in the Service;
• interfere with the operation of the Service, including by automated request volumes that degrade it for others, or by using the link-preview service to fetch pages at a scale or for a purpose it is not intended for;
• resell or commercially redistribute access to the Service we operate, or to the accounts on it. This is a restriction on the hosted service, not on the source code — what you may do with the code is set by its licence, described under Our content, the source code, and trademarks below.

We may rate-limit, suspend, or terminate access that we reasonably believe breaches these rules or threatens the stability of the Service.

Copyright and other complaints

If you believe material on the Service infringes your copyright or another right, write to support@bracemark.com with enough detail to identify the material, the right you hold, and how to reach you. Please understand what we are able to do before you write: a library is encrypted with a key we do not have, so we cannot search it, read it, or remove one saved link from it. What we can do is act on the account — including suspending or terminating the accounts of repeat infringers — and comply with a valid legal order.

Plans, fees, and subscriptions

The Service has a free plan and one or more paid plans. The features and limits of each are described on our pricing page. We may change what the plans include; where a change would materially reduce what you have already paid for, it will not take effect until your current paid period ends.

Prices are stated in US dollars and may be presented to you in your local currency, with any applicable taxes calculated at checkout. Paid plans purchased on the web are sold through Paddle, which acts as the merchant of record for that sale; purchases made inside the iOS or Android applications are sold through Apple or Google under their terms. We never receive or store your payment card details.

If you purchase a subscription or start a trial, the following apply:

1. Free trial. Where a trial is offered it lasts 14 days and applies to the annual Plus plan. Unless you cancel before it ends, it converts into a paid subscription and the first payment is taken.
2. Auto-renewal. Subscriptions renew automatically for successive periods of the same length, at the then-current price plus any applicable taxes, until you cancel. Paddle emails a receipt for each web renewal to the address you gave it, and Apple and Google notify you through their own channels — we hold no email address to write to. Deleting your account does not cancel a subscription: cancel it through the provider you bought it from.
3. Cancellation. You may cancel at any time: through the Paddle customer portal for a web purchase, or through the App Store or Google Play for a purchase made in those apps. Access to paid features continues until the end of the period you have already paid for.
4. Refunds. Refunds for web purchases are handled by Paddle under Paddle’s refund policy, and refunds for store purchases by Apple or Google under theirs. If you are a consumer in the EU or the UK you may also have a statutory right to withdraw within fourteen days of the contract being formed. If something has gone wrong with a payment, write to us at support@bracemark.com and we will help.

If we stop offering a paid plan for reasons within our control, we will cancel affected subscriptions and refund the unused portion of any period already paid for. If payment fails, access to paid features may be suspended after a grace period; your data is never deleted for non-payment, and your library remains readable and exportable on the free plan.

Changes to the Service

We may modify, suspend, or discontinue any part of the Service. Where a change is significant and affects a paid plan, we will give reasonable notice on this website.

Changes to these Terms

We may revise these Terms from time to time. The date at the top of this page shows when they last changed, and continuing to use the Service after a revision means you accept the revised Terms. Where a change is material we will make reasonable efforts to highlight it on this website.

Our content, the source code, and trademarks

STX Apps and its licensors own the Service, the applications, and the software, designs, and other materials that make them up, together with all associated intellectual property rights. Except for the rights granted by the source-code licence described below, the Service is licensed to you rather than sold, and we reserve all rights not expressly granted in these Terms.

The software behind Bracemark is published as open source, under the AGPL-3.0, at github.com/stxapps/bracemark-monorepo. That licence — not these Terms — sets out what you may do with the source code, including reading, modifying, and redistributing it on its conditions. Where these Terms and that licence disagree about your rights in the source code, that licence prevails. These Terms govern your use of the service we host and of the applications we publish, and nothing in the licence entitles you to use those.

The name “Bracemark”, the Bracemark logo and the Bracemark app icon are ours, and the source-code licence does not grant you any right to use them. If you publish or operate a modified version, please give it a different name and icon — so that no one can mistake it for the service we run. Other names and logos appearing in the Service belong to their respective owners, who may have no connection with us.

Third-party materials

The Service stores and displays links to websites and services that we do not control. We do not endorse them and we are not responsible for their content, their terms, or their privacy practices, and we are not liable for any loss arising from your use of or reliance on them.

System requirements

Using the Service requires a compatible device, internet access, and up-to-date software, any of which may carry their own costs. Because the Service is local-first, it also uses storage on your device to hold your library. Meeting these requirements is your responsibility, and they may change over time.

Accessibility

We build the Service to work with a screen reader, with a keyboard alone, and at the text size you have chosen, and we aim to meet the Web Content Accessibility Guidelines 2.1 at level AA. We do not claim to have got everything right. If some part of the Service is unusable for you, write to support@bracemark.com and tell us what and where — we treat those reports as faults, not as feature requests.

Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, STX APPS CO., LTD. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “STX APPS PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEROPERABILITY AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA WILL BE PRESERVED WITHOUT LOSS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU, AND NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BE WAIVED.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE STX APPS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE. IN PARTICULAR, AND WITHOUT LIMITING THE ABOVE, THE STX APPS PARTIES ARE NOT LIABLE FOR DATA THAT CANNOT BE DECRYPTED BECAUSE A PASSWORD OR RECOVERY CODE HAS BEEN LOST. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR USD 50. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the STX Apps Parties harmless from any claims, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your content, your breach of these Terms, or your violation of any law or of anyone else’s rights. We may assume the exclusive defence of any matter subject to this indemnity, and you agree to cooperate with it.

Disputes

If a dispute arises out of or relating to these Terms, please contact us first at support@bracemark.com — most things are resolved that way. If we cannot resolve it:

1. Negotiation. The parties will attempt in good faith to resolve the dispute by negotiation within thirty days of written notice.
2. Mediation. Failing that, the parties will attempt mediation, before a mediator they agree on or, failing agreement, one appointed by the Thailand Arbitration Center.
3. Arbitration. Any dispute not resolved by negotiation or mediation shall be settled by final and binding arbitration under the rules of the Thailand Arbitration Center, seated in Bangkok, before one or more neutral arbitrators.

ANY ARBITRATION UNDER THIS SECTION IS ON AN INDIVIDUAL BASIS ONLY. YOU AND STX APPS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR TAKE PART IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. AN ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT. IF THIS PARAGRAPH IS HELD UNENFORCEABLE FOR A PARTICULAR CLAIM, THAT CLAIM SHALL BE HEARD IN COURT AND THE REST OF THIS SECTION STILL APPLIES TO EVERY OTHER CLAIM.

You can opt out of arbitration. Write to support@bracemark.com within thirty days of first accepting these Terms, with your username if you have one and a clear statement that you are opting out. Opting out costs you nothing, changes nothing else in these Terms, and we will not treat it as a reason to close your account.

Nothing in this section prevents either party from bringing an individual claim in a small-claims court that has jurisdiction over it, from seeking urgent injunctive relief from a competent court, or affects any right you have as a consumer to bring proceedings in the courts of your country of residence where local law gives you that right.

Notice for California residents

Under California Civil Code section 1789.3, California users of the Service are entitled to this notice. The provider of the Service is STX Apps Co., Ltd., 247 Chan 31 Sathon, Bangkok 10120, Thailand. To file a complaint about the Service, or to ask for more information about it, write to that address or to support@bracemark.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Our Privacy Policy describes the privacy rights California law gives you and how to use them.

Governing law

These Terms and any dispute arising from them are governed by the laws of the Kingdom of Thailand, without regard to its conflict-of-laws rules, and the competent courts of Thailand have jurisdiction — subject in each case to any mandatory consumer protections that apply where you live.

General

If any provision of these Terms is held to be invalid or unenforceable, it will be limited or removed to the minimum extent necessary and the rest will remain in force. Our failure to enforce a provision is not a waiver of it. You may not assign your rights under these Terms without our written consent; we may assign ours in connection with a merger, acquisition, or sale of assets.

These Terms are an agreement between you and STX Apps alone, and not with any app store operator. An app store operator has no obligation to provide maintenance or support for the applications. If an application fails to conform to any warranty that applies to it, you may notify Apple, and Apple will refund the purchase price of that application, if any; to the maximum extent permitted by law, Apple has no other warranty obligation for it. STX Apps — not the operator — is responsible for addressing any claim relating to an application, including product-liability claims, any claim that it fails to meet a legal or regulatory requirement, and any claim that it infringes someone else’s intellectual property. App store operators and their subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Because we hold no email address for you, we give notice on this website, and you agree that notice given that way reaches you. Give us notice at support@bracemark.com or at the postal address below.

Neither party is liable for a failure to perform caused by something outside its reasonable control — a network or provider outage, an act of government, a natural disaster — though this does not excuse an obligation to pay for something already bought.

You confirm that you are not located in, and are not listed on any restricted-party list of, a country subject to an applicable trade embargo.

These Terms are the entire agreement between you and STX Apps regarding the Service and supersede any earlier agreement or communication about it.

Contact

Questions about these Terms or your subscription go to support@bracemark.com, or by post to:

STX Apps Co., Ltd.
ATTN: Bracemark Team
247 Chan 31 Sathon
Bangkok 10120
Thailand