Commercial Terms of Service
1. Scope and order of precedence
These Terms apply to Services supplied under the name The Brink World. If an executed master services agreement or Order Form conflicts with these Terms, the signed agreement or Order Form controls for that conflict. No employee or agent may expand the scope of reliance or make a guarantee unless it is recorded in writing by an authorised representative.
2. Nature of the Services
The Services provide external physical-risk evidence, monitoring, screening, analytical interpretation and decision-support. They may include observed information, official warnings, mapped information, reanalysis, numerical models, climate projections, client-supplied information and automated or AI-assisted processing.
The Services are not engineering certification, structural design, hydrological or geotechnical survey, actuarial or catastrophe-loss modelling, insurance pricing or coverage advice, valuation, legal advice, investment advice, statutory certification, audit assurance, emergency response or a guarantee of future conditions.
3. No prediction or guarantee
Physical hazards, climate conditions, infrastructure availability, warnings and future scenarios involve uncertainty. A source not returning a hazard, warning, road, hospital, fire station or other feature does not prove that it does not exist. The Brink World does not warrant that a hazard will or will not occur, that a facility will remain operational, or that losses will remain within any stated level.
4. Evidence date and continuing obligations
A report represents evidence available or retrieved as of its stated evidence date. Unless an Order Form expressly includes monitoring, The Brink World has no continuing duty to update a report after delivery. Monitoring services operate only for the agreed facility, cadence, sources and term and remain subject to source availability and service dependencies.
5. Client information and authority
The Client represents that the person submitting or approving an order is authorised to act for the Client and that information supplied is accurate to the best of the Client’s knowledge. The Brink World may rely on Client-supplied information without independent verification unless the scope expressly states otherwise. Material omissions or inaccuracies can change the assessment.
6. Third-party data and external services
The Services may rely on governments, international organisations, scientific programmes, model providers, mapping services, cloud platforms, communications providers and other independent sources. The Brink World does not control those third parties and does not guarantee their completeness, availability, continuity or freedom from later revision. Underlying third-party data remains subject to its own licence and terms.
7. Automated and AI-assisted analysis
The Brink World may use software, algorithms, geospatial computation and AI-assisted processing to retrieve, classify, compare, summarise or present evidence. Automated output remains subject to the source, methodology and uncertainty limitations stated in the applicable report. Automated processing does not constitute professional certification.
8. Permitted use and no sole reliance
The Client may use purchased outputs for its internal professional purpose and may share them with professional advisers, insurers, reinsurers, lenders, auditors, investors or regulators where reasonably necessary for that purpose. The Services should not be the sole basis for life-safety decisions, emergency action, engineering design, insurance pricing or acceptance, claims decisions, regulated investment or lending judgement, or statutory compliance.
9. No third-party reliance
Reports are prepared for the identified Client and stated purpose. Receipt or possession does not create a contract, duty of care or right of reliance in favour of another person. A third party requiring formal reliance must obtain written consent or a separate reliance letter from The Brink World.
10. Intellectual property and licence
The Brink World retains all rights in its software, methodology, analytical framework, report structure, classifications, derived presentation, templates and other proprietary materials. Subject to payment, the Client receives a limited, non-exclusive, non-transferable licence to use the purchased output for the permitted purpose. The Client must not resell, white-label, scrape, reverse-engineer, systematically reproduce or commercially redistribute The Brink World methodology or reports without written permission.
11. Confidentiality
Each party must protect the other party’s non-public confidential information using reasonable care and use it only for the agreed purpose, except where disclosure is required by law or reasonably necessary to professional advisers under confidentiality obligations.
12. Fees, taxes and suspension
Fees, taxes, billing cadence and payment terms are those stated in the applicable commercial document. The Brink World may suspend access or reporting for overdue payment, unlawful use, security risk, misuse of the Services or material breach, subject to applicable law and any agreed cure period.
13. Warranties and disclaimers
The Brink World will perform the Services with reasonable professional care appropriate to the agreed scope. Except for express written commitments and to the maximum extent permitted by law, the Services and third-party data are provided without implied warranties of merchantability, fitness for a particular purpose, uninterrupted availability, completeness or error-free operation.
14. Limitation of liability
To the maximum extent permitted by applicable law, The Brink World is not liable for indirect, incidental, special, exemplary, punitive or consequential loss, or loss of profit, revenue, opportunity, goodwill, anticipated savings or data arising from the Services. Subject to liabilities that cannot lawfully be limited, The Brink World’s aggregate liability arising from the affected Services will not exceed the fees paid or payable by the Client for those affected Services during the twelve months preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability to the extent exclusion or limitation is prohibited by applicable law, including liability for fraud or fraudulent misrepresentation where such liability cannot lawfully be excluded.
15. Client indemnity
To the extent permitted by law, the Client will be responsible for third-party claims, losses or costs arising from unlawful data supplied by the Client, unauthorised redistribution or alteration of a report, use outside the agreed purpose, or breach of the Client’s confidentiality or intellectual-property obligations, except to the extent caused by The Brink World’s breach or legally non-excludable responsibility.
16. Force majeure and external dependencies
The Brink World is not responsible for delay or failure caused by events reasonably beyond its control, including failure or suspension of external data feeds, cloud or communications providers, government action, natural disaster, widespread cyber incident, labour disruption or other force-majeure event.
17. Termination and surviving provisions
Termination does not affect accrued payment obligations or provisions that by their nature should survive, including confidentiality, intellectual property, reliance restrictions, liability limitations and dispute provisions.
18. Privacy and security
Personal information is handled in accordance with the Privacy Notice and any applicable data-processing agreement. The Client must not submit personal information that is unnecessary for the Service.
19. Governing law and dispute forum
The contracting legal entity, governing law and dispute forum must be specified in the applicable Order Form or master services agreement before a paid institutional engagement is finalised. Mandatory rights and jurisdictional rules that cannot lawfully be varied continue to apply.
20. General
If a provision is unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions continue. Failure to enforce a right is not a waiver. These Terms, together with the applicable commercial documents and referenced policies, form the agreement for the Services.
21. Contact
Contract, reliance or legal notices concerning The Brink World Services may be sent to [email protected] until a different legal-notice address is stated in the applicable Order Form.