Terms & Conditions

1. INTRODUCTION

Welcome to Brightify AI ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Brightify AI website, applications, products, and services (collectively, the "Services").

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

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2. ELIGIBILITY

By using our Services, you represent and warrant that you meet this requirement. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms.

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3. ACCOUNT REGISTRATION

To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

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4. USE OF SERVICES

4.1 Permitted Use

You may use our Services solely for your personal or internal business purposes in accordance with these Terms. You agree not to use our Services for any illegal or unauthorized purpose.

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4.2 Restrictions

You agree not to:

• Use the Services in any way that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services

• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose

• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material to the Services

• Use the Services to develop competing products or services

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services

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5. USER CONTENT

5.1 Ownership

You retain ownership of any content you submit, post, or display through our Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content for the purpose of providing and improving our Services.

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5.2 Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to your User Content

• Your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights

• Your User Content does not violate any applicable law or regulation 

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6. INTELLECTUAL PROPERTY

6.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Brightify AI or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

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6.2 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

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7. PRIVACY

Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and disclose information about you. By using our Services, you consent to our collection, use, and disclosure of information as described in our Privacy Policy.

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8. THIRD-PARTY LINKS AND SERVICES

Our Services may contain links to third-party websites or services that are not owned or controlled by Brightify AI. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such third-party websites or services.

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9. TERMINATION

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease.

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10. DISCLAIMER OF WARRANTIES

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, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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11. LIMITATION OF LIABILITY

IN NO EVENT WILL BRIGHTIFY AI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

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12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Brightify AI, its affiliates, licensors, and service providers, its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

13. CHANGES TO TERMS

We reserve the right to update or modify these Terms at any time without prior notice. The updated version will be effective as soon as it is accessible. Your continued use of the Services after any changes to these Terms constitutes your acceptance of such changes.

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14. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws, without regard to its conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the courts .

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15. SEVERABILITY

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Brightify AI regarding your use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of these Terms.

17. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at [Guanjie.ruan@brightifyai.com].

Last Updated: [12.12.2024]