Bryzos - The Go-To Metals Marketplace

BRYZOS GONE IN 60 SECONDS™
TERMS OF USE

Effective as of: March 8, 2023

I. TERMS AND CONDITIONS OF BRYZOS

Welcome to Bryzos!

Thank you for choosing Bryzos, your trusted online marketplace for metals trading. We are proud to facilitate seamless trade between third-party Buyers ("Buyers") and third-party Sellers ("Sellers") through our innovative platform. As the creators of the desktop application Gone in 60 Seconds™ ("GISS"), we are committed to offering an efficient, reliable, and user-friendly experience.

  1. Acceptance of Terms: By accessing and using the Bryzos platform, including the GISS application, you agree to comply with and be bound by these Terms and Conditions. Please read these terms carefully. If you do not agree with any part of these terms, you should not use our platform.
  2. Use of the Platform: The Bryzos platform is designed to connect Buyers and Sellers in the metals industry, providing a space for the buying and selling of metal products. Users are responsible for ensuring that their use of the platform complies with all applicable laws and regulations.
  3. Account Registration and Security: To access certain features of the platform, users may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Bryzos may, at its sole discretion, choose to approve or not approve your account for any reason whatsoever without notice.
  4. Intellectual Property Rights: All content on the Bryzos platform, including but not limited to text, graphics, logos, images, and software, is the property of Bryzos or its content suppliers and is protected by intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the platform without express written permission from us.
  5. User Conduct: Users of the Bryzos platform must not use the platform for any unlawful purpose. This includes, but is not limited to, committing fraud, violating intellectual property rights, transmitting viruses, or conducting any form of harassment.
  6. Privacy Policy: Our Privacy Policy, which describes how we handle your personal data and protect your privacy when you use our platform is part of this document. By using Bryzos, you agree to the terms of our Privacy Policy.
  7. Limitation of Liability: To the fullest extent permitted by law, Bryzos shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your access to or use of, or inability to access or use, the platform.
  8. Changes to the Terms: Bryzos reserves the right to modify or replace these Terms and Conditions at any time at our sole discretion. Your continued use of the platform after any such changes constitutes your acceptance of the new Terms and Conditions.
  9. Governing Law: These Terms and Conditions and your use of the Bryzos platform are governed by and construed in accordance with the laws of the jurisdiction of Missouri, without regard to its conflict of law provisions.
  10. Contact Us: If you have any questions about these Terms and Conditions, please contact us at [email protected].

II. LICENSE AND USE OF BRYZOS PLATFORM

Introduction to Platform Scope: The Bryzos platform encompasses a comprehensive suite of tools and interfaces designed for the metals marketplace. This includes our desktop application, tablet and mobile applications, website, Teams interface, and access via API.

  1. Platform Components:
    • Desktop Application: Provides robust access to all features of Bryzos.
    • Tablet and Mobile Applications: Ensure convenient access across devices.
    • Website: Offers browser-based interface.
    • Teams Interface: Facilitates collaborative trading and decision-making.
    • API Access: Extends platform capabilities to third-party applications.
  2. Grant of License:
    • User License: Grants non-exclusive, non-transferable, revocable access to the platform.
    • License Scope: Permits browsing listings, engaging in transactions, using collaboration tools, and API integrations.
  3. License Restrictions:
    • Prohibited Uses: Includes redistribution, sale, de-compilation, reverse engineering, or unauthorized modification of platform components.
    • Intellectual Property Compliance: Users must respect Bryzos' intellectual property rights.
  4. User Responsibilities:
    • Adherence to Terms: Obligation to comply with all platform terms and conditions.
    • Account and API Security: Responsibility for securing account and API credentials.
  5. Termination of License:
    • Termination Rights of Bryzos: Bryzos may terminate user licenses for breaches or misuse.
    • Consequences of Termination: Users must cease all use and destroy all platform-related materials.
    • Termination Rights of User: Users may choose to terminate their user license with Bryzos by following the account deletion steps at https://www.bryzos.com/cancel

Conclusion: This license is integral to accessing and using the Bryzos platform, its applications, and API. Users signify acceptance of these terms, aligning their activities with the platform's legal and operational framework.

III. INTELLECTUAL PROPERTY PROTECTION AND PROHIBITION OF INFRINGEMENT ON BRYZOS PLATFORM

Introduction to Intellectual Property Rights: Bryzos is built upon innovative features and functionalities integral to its marketplace. These features are currently patent pending, reflecting significant investment and creativity in the development of the platform.

  1. Patent-Pending Features:
    • Innovation Protection: All features and processes on Bryzos are patent pending.
    • Legal Recognition: Indicates the initiation of formal patent protection.
  2. Prohibition of Replication and Reverse Engineering:
    • Strict Prohibition: Replication, imitation, or reverse engineering of Bryzos' features is prohibited.
    • Legal Consequences: Enforcement of intellectual property infringement laws.
  3. Enforcement of Intellectual Property Rights:
    • Vigilance in Protection: Active monitoring and legal action against IP infringement.
    • Collaboration with Legal Authorities: Pursuing all necessary legal channels.
  4. User Acknowledgment:
    • Recognition of IP Rights: Users acknowledge and respect Bryzos' intellectual property.
    • Understanding of Prohibitions: Awareness of restrictions against IP infringement.

Conclusion: The patent-pending status of Bryzos' features signifies the platform's innovation and uniqueness. Users are required to respect these intellectual property rights, with Bryzos committed to enforcing its rights to protect its investments.

IV. MARKETING AGREEMENT ON BRYZOS PLATFORM

Introduction to Marketing Permissions: By joining the Bryzos platform, users agree to certain marketing rights and permissions. This section outlines the terms of use of your company's name in Bryzos' marketing efforts.

  1. Grant of Marketing Rights:
    • Permission for Use of Company Name: Membership in the Bryzos platform grants Bryzos the right to use your company name in its marketing materials across various channels.
    • Scope of Use: This may include showcasing your company in success stories, testimonials, and general brand promotion.
  2. Marketing Channels:
    • Diverse Platforms: Your company name may be featured in digital campaigns, social media, print materials, and more, as part of Bryzos' marketing strategies.
  3. Purpose of Marketing Use:
    • Promotional Activities: The use of your company name aims to promote both Bryzos and its users, enhancing the platform's market presence and visibility.
  4. No Endorsement Implied:
    • Use is Factual: Unless specifically agreed upon, featuring your company name does not imply your endorsement of Bryzos' services or products.
  5. Opt-Out and Revocation of Consent:
    • Right to Withdraw: You may opt out of future marketing materials, though existing materials in circulation may continue to feature your company name.
  6. No Compensation for Marketing Use:
    • Non-Compensatory Agreement: Participation in Bryzos' marketing materials does not entitle your company to compensation.
  7. Amendments to Marketing Agreement:
    • Changes to Terms: Bryzos reserves the right to modify this marketing agreement, with significant changes communicated to platform users.

Conclusion: Participation on Bryzos includes consent to these marketing terms, designed to mutually benefit both your company and Bryzos through enhanced visibility and promotional opportunities.

V. PRICING POLICY OF BRYZOS PLATFORM

Introduction to Dynamic Pricing: Bryzos employs proprietary, patent-pending algorithms to offer dynamic, real-time pricing, revolutionizing the traditional metal trading process.

  1. Pricing Generated by Proprietary Algorithms:
    • Innovative Approach: Bryzos' unique algorithms dynamically compute prices, reflecting current market conditions for immediate purchasing decisions.
  2. Session-Based Pricing Instances:
    • Price Validity: Prices provided are specific to each session and subject to change post-session, in line with market fluctuations.
  3. Non-Commitment to Past Pricing:
    • Dynamic Nature: Bryzos is not obligated to honor past quoted prices for future transactions, emphasizing the fluidity of market pricing.
  4. Absence of Price Change Notifications:
    • Evolving Pricing Logic: Bryzos does not notify users of price changes, due to the continuous evolution of its pricing algorithms.
  5. Right to Alter Prices:
    • Discretionary Adjustments: Bryzos maintains the discretion to modify pricing in response to market dynamics.
  6. User Acknowledgment:
    • Understanding Dynamic Pricing: Users of the platform are advised to stay informed of the current pricing at the time of their intended purchase.

Conclusion: Users of the Bryzos platform agree to these pricing policies, acknowledging the evolving nature of pricing in the metals market and the platform's innovative pricing approach.

VI. SELLER OBLIGATIONS AND AGREEMENT TO PLATFORM TERMS ON BRYZOS

Acceptance of Order as Agreement to Terms: When a Seller chooses to accept an order on the Bryzos platform, this action signifies not only a commitment to fulfill the order but also an explicit agreement to abide by Bryzos' terms and conditions.

  1. Subordination to Platform Terms:
    • By accepting an order, Sellers acknowledge that Bryzos' terms and conditions take precedence over any personal or business terms of sale they might have.
  2. Active Acceptance of Terms:
    • Accepting an order is deemed an active acceptance of all Bryzos' terms, including stipulations on pricing, payment, shipping, and dispute resolution.
  3. Option to Decline Fulfillment:
    • Sellers may choose to pass on fulfilling an order if they disagree with Bryzos' terms. Once an order is accepted, however, they are bound by the platform's terms.
  4. Compliance with Platform Policies:
    • Upon order acceptance, Sellers also agree to comply with all relevant policies and guidelines set by Bryzos, including those related to quality standards, delivery, and invoicing.
  5. Invoicing and Dispute Resolution:
    • Sellers must adhere to the designated invoicing process and engage in the platform's dispute resolution procedures as needed.

Conclusion: Participating as a Seller on Bryzos entails adherence to the platform's terms and conditions. Acceptance of an order signals the Seller's agreement to these terms, ensuring uniformity in the transaction process.

VII. TERMS OF SALE AGREEMENT ON BRYZOS PLATFORM

Opening Statement: Each purchase and sale on the Bryzos platform constitute an agreement to these Terms of Sale on a per-transaction basis.

  1. Introduction:
    • These Terms of Sale define the relationship and obligations between the third-party Buyer ("Buyer"), Bryzos platform ("Platform"), and third-party Seller ("Seller").
  2. Role of the Platform:
    • The Platform acts as a facilitator, not as a direct party in sale agreements, providing infrastructure for transactions.
  3. Buyer's Obligations and Rights:
    • Buyers are responsible for order placement and compliance with payment terms and must use the Platform's dispute resolution module.
  4. Seller's Obligations and Rights:
    • Sellers are committed to order fulfillment, adherence to pricing and payment terms, and responsible for shipping and invoicing.
  5. Pricing and Payment Terms:
    • The Platform's pricing algorithm dictates pricing, and it manages payment transactions between Buyers and Sellers.
  6. Liability and Risk:
    • Sellers bear the responsibility for product quality and the risk of loss or damage until delivery to the Buyer.
  7. Dispute Resolution:
    • The Platform facilitates dispute resolution, with decisions binding on both Buyer and Seller.
  8. Bryzos' Right to Cancel Orders:
    • Bryzos may cancel any order at its discretion, with prompt notification to Buyer and Seller.
  9. Acceptance and Amendment of Terms:
    • Transaction participation signifies acceptance of these Terms of Sale. Bryzos may modify these terms with appropriate notice.
  10. Governing Law:
    • Governed by the laws of the jurisdiction where the Platform operates.
  11. Severability and Entire Agreement:
    • If any part is invalid, the remainder stands. These Terms constitute the complete agreement for transactions on Bryzos.

VIII. PAYMENT HANDLING, ROLE CLARIFICATION, LIABILITY, DISPUTE RESOLUTION, AND FINALITY OF TRANSACTIONS IN DROPSHIPPING TRANSACTIONS

  1. Payment Handling:
    • Bryzos manages transactions between a Buyer and a Seller by handling payments through an FBO account. This process is for administrative convenience and does not define Bryzos as the actual Buyer or Seller.
  2. Clarification of Role:
    • Despite managing payment transactions, Bryzos is not the legal Buyer or Seller. The actual purchase is between the Buyer and the Seller.
  3. Liability and Responsibility:
    • Bryzos' role is limited to facilitating the transaction platform and handling payments. It does not make warranties about the goods' quality, safety, legality, or delivery.
  4. Mandatory Dispute Resolution on Facilitator's Platform:
    • All disputes related to transactions must be resolved via Bryzos' platform. This ensures administrative efficiency and proper disbursement of funds.
  5. Finality of Transactions and Post-Disbursement Disputes:
    • Once funds are disbursed as per user instructions, the transaction is considered complete. Subsequent disputes must be managed directly between the Buyer and the Seller.
  6. Holding of Funds for Unresolved Disputes:
    • Funds related to an unresolved transaction will be held in a non-interest-bearing account until both parties agree on disbursement instructions.
  7. Hold Harmless Agreement:
    • Both the Buyer and the Seller agree to indemnify and hold Bryzos harmless from any claims or liabilities related to the goods and their sale, delivery, and use.
  8. Dispute Resolution Process:
    • Disputes are to be resolved directly between the Buyer and the Seller, with Bryzos overseeing the process for administrative purposes but not influencing the resolution.
  9. Acknowledgment of Terms:
    • By participating in transactions on Bryzos' platform, both parties acknowledge and agree to these terms, including the dispute resolution process and transaction finality.

IX. INTRODUCTION TO PAYMENT ACTIVITY REPORTING

Bryzos is dedicated to maintaining a trustworthy trading environment by implementing policies for reporting non-payment to credit bureaus and publishing payment activities of Buyers.

  1. Authorization to Report to Credit Bureaus:
    • Non-payment instances by Buyers will be reported, potentially impacting credit scores.
  2. Publication of Payment Activity:
    • Buyers consent to the publication of their payment activities, including potential identification as a credit risk.
  3. Buyer's Acknowledgment and Understanding:
    • Buyers understand the implications of non-payment, including the adverse impact on creditworthiness and the ability to gain credit elsewhere.
  4. Process for Disputing Records:
    • Buyers have the right to dispute inaccurate non-payment records.
  5. Privacy and Compliance:
    • While payment activities are published, Bryzos ensures confidentiality and compliance with privacy laws.

Conclusion: This policy emphasizes financial accountability on Bryzos, with Buyers acknowledging the visibility of their payment behavior and potential implications.

X. METHODS OF PAYMENT

Bryzos offers two payment options: Cash in Advance (CIA) and Net 30 payment terms, each designed for flexible and efficient financial transactions.

Part A: Cash in Advance (CIA)

  1. Process Overview:
    • Buyers agree to advance payment for orders, ensuring prompt processing and fulfillment.
  2. Invoice Issuance and Details:
    • Detailed invoices are sent immediately upon checkout, including the total payable amount and additional deposit.
  3. Payment Instructions and Transfer:
    • Comprehensive instructions are provided for transferring the invoice amount to a designated account.
  4. Payment Deadline Compliance:
    • Payments must be received within 72 hours of checkout, with failure resulting in automatic order cancellation.
  5. Deposit Use and Refund Policy:
    • The deposit covers unforeseen costs, with excess amounts refunded post finalization. Bryzos does not accept or make payments by check.
  6. Cancellation and Re-Purchase Options:
    • Cancelled orders can be reinitiated, subject to product availability.

Part B: Net 30 Payment Terms

  1. Eligibility and Application:
    • Buyers can apply for Net 30 terms, requiring specific financial details for approval.
  2. Credit Evaluation Process:
    • The application authorizes Bryzos to perform credit checks and continuous creditworthiness evaluation.
  3. Specifics of Net 30 Payment Terms:
    • Invoices are due within 30 days, with late payments incurring fees. Legal proceedings for collections will be conducted in Missouri.

General Provisions

  1. Acknowledgment of Payment Terms:
    • Users acknowledge and accept the respective payment terms by using either CIA or Net 30.
  2. Resolution of Disputes:
    • Disputes are addressed through Bryzos' structured dispute resolution process.
  3. Amendments to Payment Terms:
    • Modifications to these terms require mutual written agreement.

XI. CANCELLATION POLICY ON BRYZOS PLATFORM

Introduction to Cancellations: Cancellations are a critical aspect of transaction management on Bryzos, requiring understanding and adherence to the platform's policies.

  1. Platform-Based Cancellation Process:
    • Mandatory Platform Cancellation: All cancellations must be executed through Bryzos. An order is not considered canceled unless done so on the platform.
  2. Buyer Initiated Cancellations:
    • Before Order Claiming: No cancellation fee if the order is canceled before a Seller claims it.
    • After Order Claiming: If canceled after claiming, the Buyer must pay any cancellation fees demanded by the Seller.
  3. Seller Initiated Cancellations:
    • Seller's Right to Cancel: Sellers can cancel orders, with any fees charged by Bryzos to the Buyer forwarded to the Seller.
  4. Fee Payment Obligations:
    • Responsibility to Pay Fees: Buyers and Sellers must promptly pay any cancellation fees outlined in the platform's cancellation process.
  5. Transparency and Fairness:
    • Adherence to Policy: Cancellation policies ensure fairness and transparency, and all parties are expected to adhere to these terms.
  6. Amendments to Cancellation Policy:
    • Policy Changes: Bryzos may modify the cancellation policy, with changes communicated to users.

Conclusion: Engaging in transactions on Bryzos signifies agreement to these cancellation policies, integral to maintaining a fair and efficient marketplace.

XII. INTRODUCTION TO RATINGS

Ratings on Bryzos enhance trust and transparency, allowing Buyers and Sellers to rate each other post-transaction.

  1. Purpose of Ratings:
    • Enhancing User Experience: Ratings aid in informed decision-making and serve as a feedback mechanism.
  2. Rating Process:
    • Mutual Evaluation: Post-transaction, Buyers, and Sellers rate each other based on criteria like product quality and overall satisfaction.
  3. Bryzos' Role in Ratings:
    • Fairness Assurance: Bryzos employs algorithms to ensure rating fairness, preventing isolated incidents from disproportionately affecting reputations.
  4. Impact of Ratings:
    • Influence on Marketplace: Ratings significantly influence credibility and transaction capabilities on the platform.
  5. Disputing Ratings:
    • Dispute Process: Users can dispute ratings they believe are unjust or inaccurate.
  6. Updates to the Rating System:
    • System Modifications: The rating system may be periodically reviewed and adjusted.

Conclusion: Agreeing to Bryzos' terms includes consent to the ratings system, a key component in maintaining a trustworthy marketplace.

XIII. PRIVACY POLICY OF BRYZOS PLATFORM

Introduction to Privacy: Bryzos prioritizes user privacy and security, with practices outlined in this Privacy Policy regarding personal information handling.

  1. Data Collection:
    • User-Provided Information: Collected during registration, order placement, and communication.
    • Automatic Data Collection: Includes IP addresses, browser types, and usage details.
  2. Use of Personal Data:
    • Platform Operations: Managing accounts, transactions, and improving services.
    • Communication: Updates about accounts and transactions.
  3. Data Sharing and Disclosure:
    • Service Providers: Shared with third parties for operational purposes.
    • Legal Compliance: Disclosed as required by law.
  4. Data Security:
    • Protection Measures: Implemented to safeguard user data.
    • Data Retention: Kept as long as necessary or required by law.
  5. User Rights and Choices:
    • Access and Correction: Users can manage their personal information.
    • Opt-Out of Marketing: Unsubscribe options for promotional emails.
  6. Policy Changes:
    • Updates: The Privacy Policy may be revised periodically.
    • Effective Date: Indicated at the top of the policy.

Conclusion: Using Bryzos signifies consent to the collection, use, and sharing of information as per this Privacy Policy.

XIV. ARBITRATION AGREEMENT FOR DISPUTE RESOLUTION ON BRYZOS PLATFORM

Introduction to Dispute Resolution: Arbitration is the exclusive method for resolving disputes on Bryzos, fostering efficient resolution processes.

  1. Mandatory Arbitration:
    • Exclusive Resolution Method: All disputes are resolved through binding arbitration.
    • Waiver of Jury Trial: Users waive the right to a jury trial.
  2. Arbitration Process:
    • Initiation and Arbitrator Selection: Disputes submitted in writing, with arbitrator selection guided by the American Arbitration Association (AAA) rules.
    • Location: Proceedings in St. Louis County, Missouri, unless agreed otherwise.
  3. Scope of Arbitration:
    • Binding Decision: Arbitrator's decision is final.
    • Conduct Rules: Governed by AAA commercial arbitration rules.
  4. Costs of Arbitration:
    • Cost Sharing: Arbitration costs shared equally, barring arbitrator's decision otherwise.
    • Legal Fees: Each party covers its legal expenses.
  5. Confidentiality:
    • Secrecy of Proceedings: Arbitration details remain confidential.
  6. Limitations:
    • Rights Preservation: Arbitration does not waive substantive rights.
    • Exceptions: Does not preclude seeking equitable remedies in court.

Conclusion: This agreement ensures a confidential and effective method for resolving disputes related to Bryzos, with users agreeing to arbitration as the resolution mechanism.