Brightful User Agreement

Effective September 30, 2019.

This Brightful User Agreement (“Terms“) applies to your access to and use of the websites, mobile apps, and other online products and services (collectively, the “Services“) provided by Brightful Innovations Company Limited. (“Brightful,” “we,” or “us“).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

Please take a look at Brightful’s Privacy Policy too—it explains how we collect, use, and share information about you when you access or use our Services.

  1. Your Access to the Services

Children under the age of 13 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian.

If you are accepting these Terms on behalf of another legal entity, including a business or a government, you represent that you have full legal authority to bind such entity to these terms.

  1. Your Use of the Services

Brightful grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. We reserve all rights not expressly granted to you by these Terms.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

  • license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
  • modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
  • access the Services or Content in order to build a similar or competitive website, product, or service.

We reserve the right to modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

You agree that any software that we provide you, including the Brightful mobile app, may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance the Services and can include bug fixes, enhancements and new modules. You consent to the installation of such software, including updates and upgrades (and authorize us to deliver such software to you) as part of your use of the Services. You may withdraw consent by ceasing to use the Services.

  1. Your Brightful Account and Account Security

To use our Services, you may be required to create a Brightful account (an “Account“) and provide us with your first name, last name, email address, password, and certain other information about yourself as set forth in the Privacy Policy.

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. You must maintain the security of your Account and promptly notify Brightful if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with the Services.

In addition, you agree that you will not:

(a) create another Account if we’ve disabled one you had without our prior written approval;

(b) buy, sell, rent, lease, license, or transfer your Account without our prior written approval;

(c) share your Account password with anyone;

(d) log in or try to log in to access the Services through unauthorized third party applications or clients

  1. Your Content

The Services contain information, text, links, graphics, photos, videos, or other materials (“Content”), including Content created, uploaded, posted, sent, received, and stored by your or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse any of Your Content. You represent and warrant that you have all necessary rights in respect of Your Content (including in respect of Your Content that contains Personal Information), having provided all notices and disclosures, obtained all applicable consents and permissions, or otherwise have all authority, in each case as required by applicable laws, to permit us to perform the Services. Furthermore, you grant us a non-exclusive, royalty-free and fully paid, irrevocable, worldwide license, with the right to grant sublicenses, to: (1) reproduce, distribute, host, display, and otherwise use Your Content for the purpose of operating, developing, providing and improving the Services, including publishing and distributing Your Content, and researching and developing new products and services; (2) to generate anonymized or de-identified information; and (3) using Your Content as described in the Privacy Policy.

Any ideas, suggestions, and feedback about Brightful or our Services that you provide to us are entirely voluntary, and you agree that Brightful may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violation of these Terms, a violation of our Community Guidelines, or if you otherwise create liability for us.

  1. Third-Party Content

The Services may contain links to third-party websites, products, or services, which may be posted by our partners or other users (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding.

If you choose to use the Services to conduct a promotion, including a contest or sweepstakes, you alone are responsible for conducting the promotion in compliance with all applicable laws and regulations. The terms of your promotion must specifically state that the promotion is not sponsored by, endorsed by, or associated with Brightful and the rules for your promotion must require each entrant or participant to release Brightful from any liability related to the promotion.

  1. Things You Cannot Do

When accessing or using the Services, you must respect others and their rights, including by following these Terms and the Community Guidelines, so that we all may continue to use and enjoy the Services. We support the responsible reporting of security vulnerabilities. To report a security issue, please send an email to security@brightful.me.

When accessing or using our Services, you will not:

  • Create or submit Content that violates our Community Guidelines or attempt to circumvent any content-filtering techniques we use;
  • Use the Services to violate applicable law or infringe any person or entity’s intellectual property or any other proprietary rights;
  • Attempt to gain unauthorized access to another user’s Account or to the Services (or to other computer systems or networks connected to or used together with the Services);
  • Upload, transmit, or distribute to or through the Services any computer viruses, worms, or other software intended to interfere with the intended operation of a computer system or data;
  • Use the Services to harvest, collect, gather or assemble information or data regarding the Services or users of the Services;
  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully utilizing the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
  • Intentionally negate any user’s actions to delete or edit their Content on the Services; or
  • Access, query, or search the Services with any automated system, other than through our published interfaces and pursuant to their applicable terms. However, we conditionally grant permission to crawl the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials subject to the parameters set forth in our robots.txt file;
  • Sell, rent, lease, assign, distribute, copy, modify or host any part of our Services;
  • Adapt, merge, make adaptations, translations or derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Services, except to the extent these restrictions are expressly prohibited by applicable law.
  1. Copyright, the DMCA & Takedowns

Brightful respects the intellectual property of others and requires that users of our Services do the same. We have a policy that includes the removal of any infringing materials from the Services and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers. If you believe that anything on our Services infringes a copyright that you own or control, you may notify Brightful’s Designated Agent by filling out our by contacting:

Copyright Agent

Brightful Innovations Company Limited.

23rd Floor, 70 Connaught Road West.

Hong Kong, Hong Kong

legal@brightful.com

Also, please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Brightful for certain costs and damages.

If we remove Your Content in response to a copyright or trademark notice, we will notify you via Brightful’s private messaging system. If you believe Your Content was wrongly removed due to a mistake or misidentification, you can send a counter notification to our Copyright Agent (contact information provided above). Please see 17 U.S.C. §512(g)(3) for the requirements of a proper counter notification.

  1. Indemnity

Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third party service providers and our officers, employees, licensors, and agents (the “Brightful Entities”) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) Your Content. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

  1. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BRIGHTFUL, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. BRIGHTFUL DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE BRIGHTFUL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Limitation of Liability

IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE BRIGHTFUL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE BRIGHTFUL ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID BRIGHTFUL IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE BRIGHTFUL ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. Governing Law and Venue

We want Brightful to be very useful to you, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns by emailing us at support@brightful.com.

Any claims arising out of or relating to these Terms or the Services will be governed by the laws of Hong Kong. You and Brightful submit to the exclusive jurisdiction of the courts of Hong Kong in respect of all matters relating to these Terms or the Services.

  1. Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the Effective Date above. If the changes, in our sole discretion, are material, we may also notify you by sending an email to the address associated with your Account (if you have chosen to provide an email address) or by otherwise providing notice through our Services. By continuing to access or use the Services on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective.

  1. Termination

You may terminate these Terms at any time and for any reason by deleting your Account and discontinuing your use of all Services. If you stop using the Services without deactivating your Accounts, your Accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your Accounts or ability to access or use the Services at any time for any or no reason, including for a violation of these Terms or our Community Guidelines.

The following sections will survive any termination of these Terms or of your Accounts: 4 (Your Content), 6 (Things You Cannot Do), 10 (Indemnity), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Governing Law and Venue), 16 (Termination), and 17 (Miscellaneous).

  1. Miscellaneous

These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.

Contact Information

Brightful Innovations Company Limited.

23rd Floor, 70 Connaught Road West

Hong Kong

  1. Apple App Store Additional License Terms

If the Brightful mobile app is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:

(1) You acknowledge these Terms are concluded between you and Brightful, and not with Apple. The responsibility for Brightful and you thereof is governed by these Terms.

(2) Notwithstanding anything to the contrary hereunder, you may use the Brightful mobile app only on an iPhone or iPod Touch that you own or control.

(3) You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Brightful mobile app.

(4) In the event of any failure of the Brightful mobile app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Brightful mobile app (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Brightful mobile app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms.

(5) Any claim in connection with the Brightful mobile app related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms, and Apple is not responsible for such claim.

(6) Any third party claim that the Brightful mobile app or your possession and use of the Brightful mobile app infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

(7) You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.

(8) Apple is a third party beneficiary to these Terms and may enforce these Terms against you.

(9) If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.

  1. Google Play

If the Brightful mobile app is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms:

(1) You acknowledge that Google is not responsible for providing support services for the Brightful mobile app.

(2) If any of the terms and conditions in these Terms are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.