• Bru Textiles nv
  • Satenrozen 2A, B-2550 Kontich
  • Belgium

Terms of use for the Twinbru App

These General Terms and Conditions ("Terms and Conditions") apply to the use of the Twinbru application and any other App developed by Bru Textiles NV, Satenrozen 2A – 2550 Kontich Belgium (hereinafter "App"). The App is an application that allows users of 3D Studio Max to download and import 3D Fabric Textures into their projects.

The App is a digital visualisation tool only. It does not constitute a sales platform, technical specification, or binding representation of physical products. Users expressly acknowledge that they do not rely on the App or its output for any purchasing, production, specification or contractual decisions, and that any such reliance is at their own risk.

BRU reserves the right to change these purposes and functionalities at any time. Amended Terms apply prospectively from the moment they are made available in the App. Material changes shall be notified at least 30 days in advance.

These Terms apply to all users, whether acting in a professional, commercial, or non-professional capacity.

This App is operated by Bru Textiles NV and/or one or more of its affiliated companies (collectively "BRU", "we", "us" or "our").

These Terms are entered into by and between you and BRU and govern your access to and use of any App.

These Terms are entered into by a duly authorised representative of BRU.

This Agreement qualifies as a limited software licence for visualisation purposes only.

1. Acceptance and Modification of the Terms.

1.1 Acceptance.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP. By using the App, you accept and agree to be bound by and abide by these Terms. If you do not wish to agree to these Terms, you may not access or use the App.

You agree that any information you provide through the use of the App is governed by the BRU Privacy Notice found at https://brutex.com/privacy-statement, and to the extent permitted by law, you consent to all actions we take with respect to your data in accordance with the BRU Privacy Notice.

1.2 Changes to the Terms.

You will be bound by the version of these Terms in effect on the date of each visit you make to the App. BRU reserves the right to update and change these Terms from time to time in its sole discretion. You may need to accept the updated Terms before you can continue to use the App. Such acceptance or your continued use of the App following the posting of changes to the Terms confirms your acceptance of and agreement to the updated Terms. You are expected to check this page from time to time so that you are aware of any changes as they are binding on you.

2. Additional Terms.

Additional terms may apply to specific portions, services or features of the App or Content available through the App.

Transactions for any purchases through the App are governed by the BRU Offer Terms and Conditions which can be found on https://brutex.com/general-terms.

You may also be subject to additional terms and conditions that may apply when you purchase or use any Content, materials, software or services provided to the App by third parties. In the event of any conflict between these Terms and any other terms applicable to your use of the App, such other terms will govern.

In the event of any conflict, these Terms shall prevail over any third-party terms, except where such third-party terms explicitly apply and solely govern the relevant third-party service.

3. Access to the App and Content.

To use the App, you must have a compatible device and access to an Internet connection. We are not responsible for any costs associated with the use of the App, including data or internet connection charges.

In order to access the App and/or to access the content, resources, features and functionality (collectively, "Content") available through the App, you may be asked to provide certain registration details or other information. It is a condition of your use of the App and Content that all information you provide in connection with that use is accurate, current and complete.

We will not be liable if for any reason the App is unavailable in whole or in part at any time or for any period. From time to time, we may restrict the access of users, including registered users, to some parts of the App or to the entire App. We have the right to disable any username, password, or other identifier, chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms. BRU may add, change or modify or remove Content or products, software or services at any time without notice.

You can delete the App from your device at any time. If you decide to delete the App, the applicability of these Terms will continue to the extent necessary to regulate your use of the App until the time of deletion.

We reserve the right to terminate or discontinue the App, temporarily or permanently. In this case, your access to the App will be terminated immediately.

BRU does not guarantee uninterrupted availability, error-free operation, or compatibility with future software versions.

4. Limited Right to Use the App and Content.

BRU grants the user a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Content solely for visualisation, presentation and design purposes.

Upon termination, the licence ends immediately. Clauses relating to IP, confidentiality, liability, indemnity and jurisdiction survive termination.

Subject at all times to strict compliance with the attribution obligation set out below, the use of the Materials as made available under this Agreement is expressly permitted for purposes of study as well as for commercial purposes, including, without limitation, the development, marketing, promotion and exploitation of goods and services other than those marketed by Bru Textiles, as well as any derivative works, outputs or products derived in whole or in part from the Materials (the "Derivative Products").

Such permission is granted on the express and essential condition that any and all persons who consult, access or may consult or access the Materials or any Derivative Products, whether directly or indirectly, whether passively (including mere viewing) or actively (including use, application, interaction or further development), are provided with a clear, explicit and legible reference to:

(i) the trademark or trademarks under which the relevant Materials are made known on the market by Bru Textiles, as designated in writing by Bru Textiles from time to time, and

(ii) in the absence of any such designated trademark, the name "Bru Textiles".

Where Bru Textiles designates more than one applicable trademark, reference shall be made to all such designated trademarks.

The Licensee shall ensure that such reference is made in all circumstances and across all media and formats through which the Materials or any Derivative Products are made available, including, without limitation, physical products, packaging, accompanying documentation, digital interfaces, online platforms, marketing or promotional materials and any other form of communication or disclosure.

The Licensee shall impose this attribution obligation unchanged and in full on all sublicensees, distributors, partners or other third parties to whom the Materials or any Derivative Products are made available, and shall remain fully responsible for their compliance therewith.

Any failure to comply with the attribution obligation set out in this clause shall constitute a material breach of this Agreement.

No right, title or interest in or to the App or Content is transferred to you, and all rights not expressly granted are reserved by BRU and its licensors and suppliers. Any use of the App not expressly permitted by these Terms and any other related agreement or license is a violation of these Terms and may violate copyright, trademark, and other laws.

If you breach these Terms, your permission to use the App will automatically terminate and you must immediately cease and destroy any downloaded or printed Content obtained from the App.

5. Prohibited Uses.

You may only use the App and Content for lawful purposes and in accordance with these Terms. You agree not to use the App and/or Content:

  • In any way that violates any applicable international, federal, provincial, state, or local law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or in any way harm minors by exposing them to inappropriate Content, soliciting personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set forth in these Terms, that is subject to legal requirements, or that contains sensitive personal, financial, or health information (except as necessary for the normal operation and operation of the App).
  • To transmit or cause to be sent any advertising or promotional materials, including "junk mail," "chain letters," "spam," or other similar solicitations.
  • To impersonate or attempt to impersonate a BRU, a BRU employee, a BRU customer, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App or Content, or that, as determined by us, may harm BRU or users of the App or Content, or expose them or us to liability.
  • To upload or otherwise make available files or Content that contain text, images, photographs, software or other material owned by others and protected by intellectual property rights and for which you have not received all necessary and legal permissions for the use of them.

In addition, you agree not to:

  • Use the App and/or Content to harm BRU or others. The prohibited uses in these Terms are intended to provide general guidance regarding inappropriate conduct and should not be construed as an exhaustive list. For example, you will not use the App and/or Content to harm, threaten or harass any other person, organization or BRU.
  • Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with the proper working of the App or any other party's use of the App, including their ability to engage in real-time activities through the App.
  • Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any material on the App.
  • "Frame" or "mirror" the App or Content.
  • Use any manual process to review or copy the Content, or for any other purpose not expressly permitted in these Terms, without our express prior written consent.
  • Use of any device, software or routine that interferes with the proper functioning of the app.
  • Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any portion of the App, the servers, networks and/or environment through which the App is provided, or any server, computer or database connected to the App.
  • Attempt to intercept, divert, or otherwise interfere with communications intended for others.
  • Attack the App via a denial-of-service attack or a distributed denial-of service attack.
  • Modify Content or use Content for public display, performance, sale, rental, or commercial purposes, unless otherwise permitted above.
  • Decompile, reverse engineer, or disassemble the App or Content, except and only to the extent permitted by applicable law.
  • Remove or alter any copyright, trademark, or other proprietary rights notices from Content.
  • Transfer, provide, or make available Content to any other person, organization, or entity.

The User remains fully responsible for any use of the App or Content by its employees, contractors, clients or any third party obtaining access through or as a result of the User's actions.

6. Link to the App.

You may post a link to the App, provided you do so in a manner that is fair and legal and does not damage or abuse our reputation, but you may not post a link in a manner that suggests any form of association, approval or endorsement on the part of BRU without the express prior written consent of BRU. You agree to cooperate with us to ensure that unauthorized links are immediately stopped.

We reserve the right to revoke linking permission without notice. By placing a link to the App on your website, you agree to remove this link immediately at BRU's request. Contact marketing@brutex.com for information on BRU-authorized programs for the use of logos and trademarks.

7. Third-Party Links on the App.

If the App contains links to other sites, apps or resources provided by third parties, these links are provided for your convenience only. We have no control over the Content of those sites, apps or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, apps, or resources linked to the App, you do so entirely at your own risk and subject to the terms of use of such sites, apps, or resources.

8. Products, Software, and Services.

Our obligations in relation to our products, software and services available or accessible through the App are governed solely by the terms and conditions under which they are provided. If you obtain a BRU product, software or service through the App that is provided without an agreement, that product, software or service is provided "as is" without warranty of any kind, either express or implied, and your use of that product, software or service is entirely at your own risk.

No information made available through the App constitutes an offer, commitment or precontractual representation.

9. Intellectual Property Rights.

No transfer of ownership occurs under these Terms.

All right, title and interest in and to the App and its Content are owned by and BRU, its licensors or other providers of such material and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms and Conditions are vested in BRU and its suppliers. No part of the App, or any software or service accessible through the App, may be reproduced in any form or by any means, except as permitted below, without our express prior permission.

10. BRU logo and all related names, logos, product and service names, designs and slogans are trademarks of BRU.

You may not use any such marks without the prior written consent of BRU. All other names, logos, product and service names, designs and slogans on the App are the trademarks of their respective owners.

11. Disclaimer of Warranties.

The App, the information and Content presented on or through the App is available and/or accessible is provided for general information purposes only. We do not warrant and assume no responsibility for the accuracy, completeness or usefulness of the App, this information and Content. Any reliance you place on the App and/or such information and Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed by you or any other visitor to the App on the App and/or in such material, or by anyone with knowledge of its Content. We may update the App and/or the Content on the App from time to time, but the App and/or the Content may be out of date at any given time and we are under no obligation to update such material. We strive to display accurate information through the App. However, we may occasionally make inadvertent typographical errors, inaccuracies, or omissions, and we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel orders arising from such events. Listing of non-BRU products or services is for informational purposes only and does not constitute an endorsement or recommendation.

The App may contain Content provided by third parties, including, but not limited to, materials provided by dealers and other users. All statements and/or opinions expressed in these materials, and all articles and answers to questions and other Content, other than the Content provided by BRU, are solely the opinions and responsibility of the person or entity providing these materials. These materials do not necessarily reflect the opinion of BRU. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by third parties.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER BRU NOR ANY PERSON ASSOCIATED WITH BRU MAKES ANY WARRANTY OR REPRESENTATION AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER BRU NOR ANYONE ASSOCIATED WITH BRU REPRESENTS THAT THE APP, ITS CONTENT, OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION, DIGITAL RENDERINGS MAY DIFFER FROM PHYSICAL FABRICS IN COLOR, TEXTURE, SCALE OR PERFORMANCE.

THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Limitation of Liability.

The App is provided "as is" and we make no warranties regarding the availability, accuracy, reliability or functionality of the App.

IN NO EVENT SHALL BRU, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS, LOSS OR DAMAGE TO DATA RESULTING FROM THE USE OR INABILITY TO USE THE APP, USE THE CONTENT OF THE APP OR ANY OTHER BRU PRODUCT, SOFTWARE OR SERVICE, LOSS OR BUSINESS INTERRUPTION, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED), EVEN IF BRU OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE NUMBER OR NATURE OF THE CLAIMS. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Any liability of BRU shall be limited in the aggregate for all claims arising during the entire period of use.

In cases where BRU is liable, our liability is limited to the amount you paid for the App, if any. IF ACCESS IS PROVIDED FREE OF CHARGE, LIABILITY IS LIMITED TO EUR 100.

Nothing excludes liability for fraud or wilful misconduct or gross negligence.

13. International and export.

The App is operated by BRU from its offices in Kontich, Belgium. BRU makes no representation that the Content on the App is appropriate or available for use in locations outside the EU, and access to this App from territories where the Content is illegal is prohibited. Access to the App and the Content may not be legal for certain persons or in certain countries. You may not use, export or re-export any Content obtained through the App or any copy or modification that violates any applicable law or regulation. If you choose to access the App from locations outside the EU, you do so on your own initiative and are responsible for compliance with applicable local laws.

14. Indemnification.

You agree to indemnify and hold harmless BRU, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys' fees) arising out of or related to your violation of this Terms and Conditions or your use of the App, including, but not limited to, your User Submissions, any use of the Content, products, software and services available through the App other than as expressly permitted in these Terms and Conditions or any other agreement between BRU and you regarding your use thereof, or your use of any information obtained from the App.

This indemnity does not apply to claims caused solely by BRU's wilful misconduct.

15. Governing Law and Venue.

These Terms shall be governed solely by, and construed and enforced solely in accordance with, the laws of Belgium, without regard to or application of its conflict of law provisions. Any legal proceeding arising out of or relating to this Agreement shall be subject to the sole and exclusive jurisdiction of the courts of Antwerp, to the exclusion of all other courts and venues, and each Party irrevocably consents to the sole and exclusive jurisdiction and venue of such court and waives any right to object thereto.

ANY LEGAL ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP OR CONTENT MUST BE COMMENCED WITHIN ONE MONTH AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH LEGAL ACTION OR CLAIM IS PERMANENTLY TIME-BARRED.

16. Privacy and Data Protection

16.1 Roles

For processing of personal data in connection with the App, BRU acts as data controller within the meaning of the General Data Protection Regulation (EU) 2016/679 ("GDPR"). No joint controllership or processing on behalf of the User is intended or created.

Nothing in these Terms shall be construed as creating any joint controllership or processing on behalf of the User.

16.2 Categories and Purposes

BRU may process personal data relating to Users, including identification data, contact details, professional information, usage data, technical identifiers and communication data, for the following purposes:

(a) provision, operation, security and improvement of the App;

(b) user authentication and access management;

(c) analytics, diagnostics and performance monitoring;

(d) compliance with legal obligations;

(e) protection of BRU's rights, assets and intellectual property.

16.3 Legal Bases

Processing is based on one or more of the following legal grounds: performance of a contract, legitimate interests of BRU, compliance with legal obligations, and where required, consent.

16.4 Data Transfers

Personal data may be processed within the European Economic Area and, where necessary, outside the EEA, subject to appropriate safeguards in accordance with GDPR, including standard contractual clauses or equivalent mechanisms.

16.5 Retention

Personal data are retained for as long as necessary for the above purposes, or as required by applicable law. BRU may retain data longer where necessary to establish, exercise or defend legal claims.

16.6 User Rights

Users may exercise their rights under GDPR in accordance with the BRU Privacy Notice. BRU may request verification of identity and may refuse or limit requests to the extent permitted by law.

16.7 Security

BRU implements appropriate technical and organisational measures to protect personal data. However, BRU does not guarantee absolute security of data transmitted or stored via the App.

16.8 Privacy Notice

Further details are provided in the BRU Privacy Notice, which forms an integral part of these Terms and may be updated from time to time.

17. Confidentiality

17.1 Confidential Information

For the purposes of these Terms, "Confidential Information" means any non-public information, in any form, disclosed by or on behalf of BRU to the User through or in connection with the App, including but not limited to: digital fabric files, textures, designs, technical data, specifications, metadata, visualisations, screenshots, documentation, workflows, know-how, pricing indications, development information and any derivatives thereof.

17.2 Obligations

The User shall:

(a) use Confidential Information solely for the permitted use of the App;

(b) not disclose Confidential Information to any third party;

(c) implement reasonable technical and organisational measures to protect Confidential Information against unauthorised access, use or disclosure.

17.3 Restrictions

Without BRU's prior written consent, the User shall not copy, extract, reverse engineer, analyse, decompile, disassemble, adapt, translate, create derivative works from, or otherwise exploit Confidential Information, except to the minimum extent technically required for permitted use of the App.

17.4 Exclusions

Confidential Information does not include information which the User can demonstrate:

(a) was lawfully in its possession prior to disclosure by BRU;

(b) is or becomes publicly available through no breach of these Terms;

(c) is lawfully obtained from a third party without confidentiality obligation.

17.5 Duration

Confidentiality obligations apply during use of the App and survive termination for a period of five (5) years, or indefinitely for trade secrets to the extent permitted by law.

17.6 Remedies

Any breach of this clause may cause irreparable harm to BRU. BRU is entitled to injunctive relief, without prejudice to any other remedies available under law.

18. General provisions.

Except as otherwise provided herein, these Terms constitute the entire agreement between you and BRU with respect to your use of the App and Content and supersede all prior or contemporaneous communications and proposals (oral, written, or electronic) between you and BRU with respect thereto. All rights not otherwise expressly granted by these Terms are reserved by BRU. No waiver of any provision or breach of these Terms (a) shall be effective unless made in writing, or (b) shall operate as or be construed as a continuing waiver of such provision or breach. Regardless of which party has drafted these Terms, no rule of strict interpretation will be applied against either party. In the event that any part of these Terms is held to be invalid or unenforceable, such part shall be construed to the fullest extent possible to reflect the original intent of the parties, or if such construction cannot be made, such provision or any part thereof shall be severable from these Terms, provided that it does not affect the rest of these Terms in any way. If there is a conflict between versions of these Terms in another language, the English language version shall control. In the event of a breach of these Terms, BRU reserves the right to pursue all available remedies for such violations.

19. Notice and Procedure for Making Claims.

If you believe that your rights have been violated and you would like to submit a deletion request, for example, please provide the BRU Administrator (if applicable) with the following written information:

  • An electronic or physical signature of the person authorized to act on your behalf;
  • If applicable, a description of the copyrighted work or a representative list of works that you claim has been infringed;
  • Where applicable, a description of where the material that you claim is infringing is located on the App, including, if available, the URL on the site where the copyrighted work is located;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Any claim must be brought within one (1) months after the user became aware, or reasonably should have become aware, of the event giving rise to the claim.