1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and Brex Inc. ("Brex", "we") governing your access to and use of the Brex platform, including corporate card services, banking services, expense management software, and all related services (collectively, the "Services").
By creating a Brex account or using any Brex Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our Services.
2. Eligibility
To use Brex Services, you must: be a legal business entity incorporated or registered in the United States; have a valid US Employer Identification Number (EIN); maintain a US business bank account; and have the authority to bind your organisation to these Terms.
Brex Services are not available to individuals for personal, family, or household use.
3. Corporate card services
The Brex Mastercard® Corporate Credit Card is issued by Emigrant Bank, Member FDIC, pursuant to a license from Mastercard International. Card services are subject to the Brex Cardholder Agreement provided at account opening, which is incorporated into these Terms by reference.
Credit limits are determined by Brex at its sole discretion based on your business's financial information. Brex may adjust, suspend, or terminate credit limits at any time.
4. Banking services
Business banking accounts are provided by Emigrant Bank, Member FDIC. Deposits are insured up to applicable FDIC limits. Brex acts as a service provider to Emigrant Bank and is not itself a bank or FDIC-insured institution.
5. Acceptable use
You agree not to use Brex Services to: violate any applicable law or regulation; engage in fraudulent, deceptive, or manipulative activity; process transactions for prohibited business types as listed in the Brex Programme Guidelines; circumvent spending controls or approval workflows; or reverse-engineer, decompile, or interfere with the platform.
6. Fees
Brex Essentials is available at no monthly fee per user. Premium and Enterprise plans are subject to fees described on our Pricing page. International wire fees, third-party network fees, and other transaction fees may apply and are disclosed in the applicable product agreements.
7. Intellectual property
All content, software, trademarks, and technology on the Brex platform are owned by Brex Inc. or its licensors. You receive a limited, non-exclusive, non-transferable licence to use the platform for your internal business purposes only. You may not copy, modify, distribute, or create derivative works without our prior written consent.
8. Limitation of liability
To the maximum extent permitted by law, Brex's total liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the fees paid by you to Brex in the twelve months preceding the claim, or (b) $100 USD. Brex shall not be liable for any indirect, incidental, consequential, special, or punitive damages.
9. Termination
Either party may terminate the Services at any time. Brex may suspend or terminate your account immediately for breach of these Terms, suspected fraud, or regulatory requirements. Upon termination, outstanding balances remain due and payable.
10. Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute shall be resolved by binding arbitration in San Francisco, California, under the rules of the American Arbitration Association.
11. Changes to Terms
We may update these Terms from time to time. We will provide at least 30 days notice of material changes via email or in-platform notification. Your continued use of the Services after that date constitutes acceptance.
12. Contact
Legal notices: [email protected]
Brex Inc., One Lagoon Drive Suite 400, San Francisco, CA 94401