Terms & Conditions
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Introduction
Welcome to BrightyAI! These Terms of Service ("Terms" or "Terms of Service") are here to set the ground rules for your use of our services and establish the legal relationship between you, the user, and BrightyAI, the company. BrightyAI operates a website located at BrightyAI (referred to as the "Website") and offers a valuable service (as defined in Section 2 below) tailored for professional entities to enhance their business operations.
By accessing the Website, using our Service, or engaging in the Account registration process, you confirm that you have carefully reviewed, comprehended, and accepted the terms outlined in these Terms and our Privacy Policy. Furthermore, you acknowledge that you possess the necessary age and legal capacity to enter into an agreement with BrightyAI. Additionally, if you are representing an entity, you affirm that you have the authority to act on its behalf, thereby making your declarations legally binding.
Should you disagree with any of the terms presented herein, we kindly request that you refrain from utilizing our Service. However, if you have any concerns or queries, please don't hesitate to reach out to us at support@Brighty.ai. We are here to assist you.
Definitions
In these Terms of Service, certain capitalized terms are given specific meanings unless context dictates otherwise:
Account: Refers to the personalized dashboard that grants Users access to and use of the Service and/or the Website.
Agreement: Denotes the subscription agreement that may be entered into between the User and the Company, outlining the scope and pricing for the use of the Service.
API: Stands for the Chatbase application programming interface, which can be integrated with the User's software.
Company: Refers to BrightyAI.
Content: Encompasses various materials such as text, images, and other media that Guests or Users publish, display, or transmit on the Website or via the Service.
Device: Signifies electronic equipment, including computers, smartphones, tablets, and similar devices used for browsing web pages.
Guest: Refers to any individual who is browsing the Website.
Intellectual Property: Covers any creative work, invention, design, or other forms of creative expression subject to the exclusive rights of the Company.
License: Represents a non-exclusive right to use the API and/or the Widget for personal purposes.
Link: Describes a hyperlink that directs to another website.
Mobile Device: Denotes portable electronic equipment such as smartphones, tablets, and similar devices that enable access to the Website and/or the Service.
Notification: Refers to a message sent to the User as part of the Service.
Other Websites: Designates websites other than the Website.
Password: Signifies the User's anonymized authentication tool, facilitating access to the Account. It consists of a sequence of characters entered via the keyboard of a computer or Mobile Device. The User-created password must contain a minimum of 8 characters.
Privacy Policy: Refers to the Privacy Policy, which outlines the rules governing the processing of personal data by the Company. The Privacy Policy can be accessed at the following web address: https://www.BrightyAI.com/privacy-policy
Service: Comprises the Website, Widget, and/or the API (as determined by the scope allocated to a specific User under the Agreement).
Terms: Denote these terms of service, accessible at the following web address: https://www.BrightyAI.com/terms-and-conditions.
User: Represents an entity that owns the Account.
Website: The website signifies the web pages hosted at BrightyAI.
Widget: Refers to a Chatbase widget that may be integrated into the User's website.
General Guidelines
When you engage with our Service, you are acknowledging your complete acceptance of our Terms. It's important to understand that these Terms exclusively govern the relationship between the Company and our Guests or Users. If the Service and/or Website offers services provided by other entities, those services will be subject to the regulations of those entities, and they will bear sole responsibility for their execution unless expressly stated otherwise in these Terms.
Every entity utilizing the Service and/or Website must do so in strict accordance with these Terms. To access the Website, your Device must meet the following minimum technical requirements:
- Internet connectivity
- Compatibility with web browsers such as Google Chrome, Opera, Firefox, Safari, and Microsoft Edge
- Usage of an internet browser version not older than 12 months
- Activation of JavaScript
Should you wish to use the API, it is imperative that you ensure your system meets the following minimum technical requirements:
- Internet connectivity
- Availability of software enabling the sending of HTTP requests
Similarly, if you intend to utilize the Widget, ensure that your system satisfies the subsequent minimum technical prerequisites:
- Internet connectivity
- Compatibility with web browsers including Google Chrome, Opera, Firefox, Safari, and Microsoft Edge
- Usage of an internet browser version not older than 12 months
- Activation of JavaScript
We strongly recommend the installation of antivirus software on your Device or Mobile Device to enhance security.
Account Registration
To create an account on our website, you will need to complete the registration process by providing your personal email and selecting a password. It is of utmost importance that you furnish accurate, comprehensive, and up-to-date information during this registration process. Failure to do so may result in the immediate termination of your account.
You bear the responsibility for safeguarding the confidentiality of your account and password, as well as restricting access to your Device or Mobile Device. Furthermore, you are accountable for any activities or actions that occur using your account and password, whether on our website and service or through a third-party service.
In the event of a security breach or unauthorized use of your account, it is imperative that you promptly notify us. When choosing a username, please exercise due diligence to ensure that it does not infringe upon the rights of another person or entity, or violate any legal restrictions, including trademarks, without proper authorization. Additionally, we kindly request that you refrain from selecting usernames that are offensive, vulgar, or obscene in nature.
Communication
Upon creating an account, you hereby consent to receiving newsletters, marketing materials, and additional information from us.
Promotions
Please be aware that any contests, sweepstakes, or other promotions (collectively referred to as "Promotions") offered through the Service or Website may be governed by distinct rules separate from these Terms. Typically, these rules are outlined in the Agreement, should one be established. Should you opt to participate in any Promotions, it is imperative that you thoroughly review the relevant regulations and our Privacy Policy.
In the event of a conflict between the rules pertaining to a Promotion and these Terms, the rules specific to the Promotion will take precedence.
Subscriptions
Some components of our Service are offered under subscription plans, which we refer to as "Subscriptions." These Subscriptions entail recurring charges, billed in advance according to a specified cycle known as the "Billing Cycle." The Billing Cycle can either be monthly or annually, contingent upon the specific subscription plan you select at the time of purchase. At the conclusion of each Billing Cycle, your Subscription will automatically renew under identical terms, unless you choose to cancel it or if the Company discontinues it.
Cancellation of your Subscription's renewal can be initiated either through your Account settings or by reaching out to our customer support team at support@Brighty.ai. To facilitate the payment for your subscription, it is necessary to have a valid payment method at your disposal, such as a credit card, debit card, Apple Pay, or Google Pay.
Please ensure that you provide the Company with precise and complete billing information, including your full name, email address, country, legal entity name of your business, VAT tax number (if applicable), and valid payment method details. By submitting your payment information, you grant the Company authorization to charge all subscription fees accrued through your account to your designated payment method.
In the event that automatic billing encounters any complications, the Company will issue an electronic invoice, stipulating that you must manually process the payment within a specified deadline, covering the entire amount corresponding to the billing period as indicated on the invoice. We reserve the right to refuse or annul your order at any time for reasons that may include, but are not limited to, service unavailability, errors in service descriptions or pricing, inaccuracies in your order, or other grounds. Additionally, we retain the right to decline or revoke your order if there is suspicion of fraud or an unauthorized or illegal transaction.
Kindly be aware that the Company assumes no responsibility for any supplementary fees, including taxes, imposed by the relevant authorities in the country where the individual placing the order resides or is situated. The payment of such additional fees remains the sole responsibility of the individual initiating the order.
Changes in Fees
The Company retains the right to adjust Subscription fees for Subscriptions at its sole discretion. If there are alterations in Subscription fees, these modifications will take effect at the conclusion of the current Billing Cycle. The Company will furnish you with reasonable advance notice concerning any changes in Subscription fees, offering you the opportunity to terminate your Subscription prior to the new fee structure becoming active. Should you choose to continue using the Service after the revised Subscription fee has been implemented, it implies your consent to pay the amended Subscription fee amount.
Refunds
At BrightyAI, paid subscription fees are generally non-refundable except where required by applicable law or under specific circumstances. Here's a concise overview of our refund policy:
1. Mandatory Refunds: We comply with applicable laws that mandate refunds.
2. Service Disruption: If our service is significantly disrupted on our end, you may request a refund for the affected period.
3. Duplicate Charges: Contact us for accidental duplicate charge refunds.
4. Fraudulent Transactions: Report unauthorized transactions promptly for investigation and potential refunds.
Refund Request Process:
1. Contact our customer support with account details and refund reason at support@brighty.ai
2. Our team will review and, if eligible, process the refund to the original payment method.
Please note:
- Refunds are typically processed within 14 business days.
- Processing or transaction fees may apply.
- Company may update this policy without prior notice.
Review this policy carefully; we address exceptions transparently and fairly.
Content
Through our Service and Website, you can share, store, link, and make available various forms of information, including text, graphics, videos, or other materials collectively referred to as "Content." You bear responsibility for the Content you disseminate on or through the Service, particularly to your customers. This entails ensuring its legality, reliability, and appropriateness.
By posting Content on or through the Service or Website, you affirm and guarantee that: (i) you possess ownership of the Content or have the necessary rights to employ it and grant us the rights and licenses as outlined in these Terms, and (ii) the act of posting your Content on or through the Service does not infringe upon the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity.
We maintain the prerogative to terminate the Account of any User discovered to be infringing on copyright. You retain all your rights to any Content you submit, post, or display on or through the Service or Website, and you are responsible for safeguarding those rights.
We assume no responsibility and bear no liability for any Content that you or any third party posts on or through the Service.
Prohibited Usage
You are permitted to utilize the Service or Website solely for lawful purposes and in strict accordance with these Terms. You hereby agree not to employ the Service or Website for:
1. Engaging in activities that contravene any national or international laws or regulations.
2. Exploiting, harming, or attempting to exploit or harm minors in any manner, including exposing them to inappropriate content or other harmful interactions.
3. Transmitting or soliciting the transmission of any advertising or promotional materials, including "junk mail," "chain letters," "spam," or any similar unsolicited communications.
4. Impersonating or attempting to impersonate the Company, a Company employee, another User, or any other person or entity.
5. Using the Service or Website in a way that infringes upon the rights of others or is otherwise illegal, threatening, fraudulent, or harmful, or for any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. Engaging in any behavior that impedes or hinders anyone's utilization or enjoyment of the Service or Website or that, as determined by us, could potentially harm or offend the Company or Users of the Service or Website or expose them to legal liability.
Additionally, you agree not to:
7. Employ the Service and Website in a manner that could disable, overburden, damage, or impair the Service or Website or disrupt the usage of the Service by other parties, including their ability to engage in real-time activities.
8. Utilize any automated device, process, or means, such as robots or spiders, to access the Service or Website for any purpose, including monitoring or copying materials on the Service or Website.
9. Use manual methods to monitor or copy materials on the Service or Website or for any other unauthorized purpose without obtaining our prior written consent.
10. Utilize any device, software, or routine that interferes with the proper operation of the Service or Website.
11. Introduce malicious or technologically harmful elements such as viruses, trojan horses, worms, logic bombs, or similar materials.
12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any portion of the Service or Website, the server on which the Service or Website is hosted, or any server, computer, or database connected to the Service or Website.
13. Launch attacks against the Service or Website, including denial-of-service attacks or distributed denial-of-service attacks.
14. Take actions that could damage or manipulate the Company's rating system.
15. In any other manner, attempt to interfere with the proper functioning of the Service or Website.
Copyright Policy
We uphold the intellectual property rights of others and have a firm commitment to addressing any claims of copyright or other intellectual property rights infringement ("Infringement") in relation to Content posted using the Service or on the Website.
If you are a copyright owner, or if you are authorized to act on behalf of one, and you have reason to believe that copyrighted material has been used in a manner that constitutes copyright infringement, kindly submit your claim via email to support@Brighty.ai. Please use the subject line: "Copyright Infringement." In your claim, provide a detailed description of the alleged Infringement, as outlined below in the "DMCA Notice and Procedure for Copyright Infringement Claims."
Please be aware that misrepresentation or bad-faith claims of Content infringement on your copyright, found on or accessible through the Service or Website, may render you liable for damages, including costs and attorney fees.
Analytics
We may engage third-party service providers to oversee and assess the usage of our Service and Website.
Google Analytics
Google Analytics, a web analytics service provided by Google, is employed to track and report website traffic. Google utilizes the data collected to monitor and analyze the utilization of our Service and Website, and this data may be shared with other Google services. Google may also utilize the aggregated data to tailor and personalize advertisements on its own advertising network. For further insights into Google's privacy practices, we recommend visiting the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en. We also encourage you to review Google's data protection policies: https://support.google.com/analytics/answer/6004245.
Intellectual Property
The Service, the Website, and their original content (excluding User-generated Content), as well as their features and functionality, are and will remain the exclusive property of the Company and its licensors. The Service and the Website are safeguarded by copyright, trademark, and other applicable laws of the United States and foreign countries. Any use of our trademarks and trade dress without the prior written consent of the Company is strictly prohibited.
Users, whether Guests or Registered Users, do not acquire any rights to the Intellectual Property by using the Service. Usage of the Intellectual Property is limited to authorized personal use, as specified in Article 23 of the Act of February 4, 1994, on Copyright and Related Rights. Any usage of the Intellectual Property for purposes beyond the scope of authorized personal use is expressly forbidden.
Upon subscribing to a Subscription, the User is granted a License to utilize the Service in accordance with the Subscription terms. This License is limited, non-transferable, revocable, non-exclusive, and valid for the duration stipulated in the Subscription conditions. Users are not permitted to sublicense this License. The License is exclusively granted for the following forms of usage:
1. Subscribing to and installing the Service on the User's website and/or software.
2. Employing the Service to cater to the User's customers.
The User is strictly prohibited from altering, reverse engineering, decompiling, disassembling, or attempting to extract source code from the Service or the Website, or any portion thereof. Users are also prohibited from creating and/or publishing APIs or any other means of proxying access to the Service or the Website. Furthermore, any automated usage of the Service or the Website, whether through machine or computer programs, is not allowed.
DMCA Notice and Copyright Infringement Reporting Procedure
To submit a notification in accordance with the Digital Millennium Copyright Act (DMCA), you must provide our designated Copyright Agent with the following written information (please refer to 17 U.S.C 512(c)(3) for additional details):
1. An electronic or physical signature of the individual authorized to act on behalf of the copyright owner's interests.
2. A description of the copyrighted work that you allege has been infringed, including the URL (i.e., web page address) where the copyrighted work can be located or a copy of the copyrighted work itself.
3. Identification of the URL or specific location on the Service where the material you claim to be infringing is situated.
4. Your contact details, including your address, telephone number, and email address.
5. A statement from you asserting that you hold a good faith belief that the disputed use has not been authorized by the copyright owner, its agent, or the law.
6. A statement made by you, under the penalty of perjury, affirming the accuracy of the information provided in your notice and confirming that you are either the copyright owner or have been authorized to act on behalf of the copyright owner.
You may reach out to our designated Copyright Agent via email at support@Brighty.ai.
Reporting Errors and Providing Feedback
The Company endeavors, to the best of its capabilities, to assist Guests and Users in resolving issues related to the Service's functionality. Additionally, the Company takes steps to enhance the quality of the Service and its provision based on feedback received from these entities.
You have the option to furnish us with information and feedback directly at support@Brighty.ai pertaining to errors, suggestions for improvements, ideas, issues, complaints, and other matters associated with our Service ("Feedback"). It is important to acknowledge and agree to the following:
1. You shall not retain, acquire, or assert any intellectual property rights or other rights, titles, or interests in or to the Feedback.
2. The Company may possess development ideas that are similar to the Feedback.
3. The Feedback does not encompass confidential or proprietary information from you or any third party.
4. The Company is not bound by any obligation of confidentiality regarding the Feedback.
In situations where the transfer of ownership rights to the Feedback is constrained by applicable mandatory laws, you hereby grant the Company and its affiliates an exclusive, transferable, irrevocable, cost-free, sublicensable, unrestricted, and perpetual right to utilize (including copying, modifying, creating derivative works, publishing, distributing, and commercializing) the Feedback in any manner and for any purpose.
External Websites Links
Within our Service and/or Website, you may encounter links to external websites that are not owned or under the control of the Company. It is important to note that the Company exercises no authority over, and assumes no responsibility for the content, privacy policies, or practices of these external websites. We do not endorse or warrant the offerings of any such entities or individuals associated with these external websites.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES MADE AVAILABLE ON OR THROUGH ANY EXTERNAL WEBSITES.
We strongly recommend that you review the Terms of Service and Privacy Policies of any external websites you choose to visit.
Disclaimer of Warranty
The Company provides the Services on an "as is" and "as available" basis. The Company does not make any representations or warranties, either express or implied, concerning the operation of their Services or the information, content, or materials contained therein. You expressly acknowledge that your use of the Services, their content, and any services or items obtained from us is at your sole risk.
Neither the Company nor any person associated with the Company makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Services. Furthermore, neither the Company nor any affiliated individuals represent or warrant that the Services, their content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted. There is no assurance that defects will be corrected, that the Services or the server making them available are free of viruses or other harmful components, or that the Services or any services or items obtained through the Services will meet your specific needs or expectations.
The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. Please note that the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liability
The Company bears no responsibility for the outcomes arising from compliance with the content of tips, articles, or other publications on the Website or the Service, including content provided by BrightyAI. You understand and acknowledge that BrightyAI, which furnishes content in the Service and/or on the Website, is not an expert and may make errors, and therefore, you should not rely on its responses or advice. It is especially important to note that BrightyAI cannot substitute for professional recommendations.
The Company shall not be held liable to the User's customers for their utilization of the Service and the Content provided by the Service to the User's customers. The Company also disclaims liability for the consequences of the installation or transmission of any malicious software, phishing attempts, or any other activities conducted by other entities affecting the Service.
Furthermore, the Company shall not be held responsible for any interruptions in the operation of the Service. Additionally, the Company shall not be liable for the consequences of events recognized as force majeure, which may include power outages, fires, atmospheric phenomena, wars, civil unrest, strikes, and other similar events that are beyond the control of the Company.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE TO HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF HOW THEY ARISE (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, WHETHER OR NOT SUCH LITIGATION OR ARBITRATION IS INITIATED, OR AT TRIAL OR ON APPEAL), WHETHER ARISING FROM CONTRACT, NEGLIGENCE, OR ANY OTHER TORTIOUS ACTION, OR ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM THESE TERMS AND ANY VIOLATION OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS BY YOU.
UNLESS PROHIBITED BY LAW, IF COMPANY IS FOUND LIABLE, ITS LIABILITY WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND IN NO EVENT SHALL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. CERTAIN STATES MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Guest/User Liability
The Guest and/or User bears full responsibility for the outcomes arising from the authorized or unauthorized distribution of any content available on the Website or the Service. This responsibility extends notably to matters concerning Intellectual Property. As a result, the Guest and/or User absolves the Company from any claims related to such actions if such claims are directed against the Company. The User is exclusively accountable for any Content published, presented, sent, or otherwise provided during the utilization of the Service to the User's customers.
Interruptions in Service
The Company does not provide a guarantee of uninterrupted accessibility to the Service or the Website. The Company retains the right to introduce interruptions in the operation of the Website or the Service or specific functionalities thereof. In the case of planned interruptions, the Company will provide notice at least 3 days prior to the scheduled interruption by posting relevant information or sending a message via the email provided during Account setup.
In situations where unplanned interruptions occur in the operation of the Website or the Service or specific functionalities, the Company will promptly notify users by posting pertinent information or sending a message via the email provided during Account setup. Acceptance of these Regulations implies acknowledgment and consent to the understanding that the Services may not be 100% reliable.
Personal Data Protection and Security
The Company handles personal data with meticulous care, implementing appropriate technical and organizational security measures. Comprehensive information regarding the safeguarding of personal data is available in our Privacy Policy. However, it's important to note that the Company assumes no responsibility for the protection of personal data belonging to the User's customers who utilize the Service.
Additionally, the Company cannot be held liable for the content and regulations concerning personal data protection and privacy on external websites, including those linked through provided links. Any damages incurred while browsing external websites or sharing personal data or other information on them are not the responsibility of the Company.
To ensure your safety, the Company recommends reviewing the personal data protection and privacy policies of external websites, especially those linked through provided links, before utilizing them or disclosing your own personal data or other vital information on these websites.
Account Termination
We retain the authority to terminate or suspend your Account, and to deny access to the Service, immediately and without prior notice or liability, at our sole discretion. This action may be taken for any reason, including, but not limited to, a breach of these Terms. If you decide to terminate your Account, you can do so by discontinuing your use of the Service. All provisions within these Terms that, due to their nature, should endure beyond termination will continue to be in force. This includes ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, irrespective of any conflict of law principles. The failure to enforce any right or provision in these Terms does not constitute a waiver of those rights. In the event that a court deems any provision of these Terms invalid or unenforceable, the remaining provisions of these Terms will remain valid. These Terms constitute the complete agreement between us regarding the Service, supplanting any prior agreements we may have had concerning the Service.
Changes to the Service
We maintain the right to modify or discontinue our Service, as well as any services or materials offered through the Service, at our sole discretion without prior notice. We shall not be held liable if, for any reason, the entire Service or any portion of it becomes unavailable at any time or for any duration. Periodically, we may limit access to specific parts of the Service or the Service in its entirety, including for registered users.
Amendments to the Terms
We reserve the right to make amendments to these Terms at any time by posting the revised terms on this website. It is your responsibility to periodically review these Terms. Your continued use of the Platform after the posting of updated Terms indicates your acceptance and agreement to the changes. We expect you to visit this page regularly to stay informed about any modifications, as they are binding on you.
By continuing to access or use our Service once any revisions take effect, you agree to be bound by the updated terms. If you do not agree with the new terms, you are no longer authorized to use the Service. In the event of any inconsistencies between these Terms and the Agreement (if executed), the provisions of the Agreement shall prevail. This provision also applies to any amendments to these Terms introduced in the Agreement.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms shall be interpreted as a continuing waiver of such term or condition or as a waiver of any other term or condition. Furthermore, any failure by the Company to assert a right or provision under these Terms shall not constitute a waiver of that right or provision. If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court or other competent tribunal, such provision shall be either removed or limited to the minimum extent necessary so that the remaining provisions of these Terms will remain fully valid and enforceable.
Acknowledgment
By utilizing the Service or any other services provided by us, you confirm that you have read these Terms of Service and consent to be bound by them.
Contact Us
If you need to reach the Company for any reason, please send an email to: support@Brighty.ai