Terms of Service
Effective Date: 1th Of January 2026
Last Updated: 19th Of July 2026
These Terms Of Service (“Terms”) Govern Your Access To And Use Of The Website, Services, Software, AI Systems, Automations, Consulting Services, Deliverables, And Related Offerings Provided By Breightly AI (“Breightly AI,” “We,” “Us,” Or “Our”).
By Accessing Breightly.AI, Purchasing Our Services, Using Our AI Systems, Or Entering Into An Agreement With Us, You Agree To These Terms. If You Do Not Agree, You Must Not Use Our Website Or Services.
Breightly AI Is Located At:
Breightly AI (Is Operated By Nextphase Consultancy Partners L.L.C.)
Email: hello@breightly.ai
Website: Breightly.AI
1. Overview Of Our Services
Breightly AI Provides AI And Automation Services, Including But Not Limited To:
AI Automation
AI Chatbots
AI Agents
AI Consulting
Workflow Automation
Business Process Automation
Client Communication Automation
Customer Support Automation
AI Implementation And Optimization
AI Strategy And Operational Consulting
Related Digital, Software, And Advisory Services
Our Services May Include A Combination Of Consulting, Configuration, Implementation, Software Tools, Third-Party Integrations, Workflow Design, AI-Assisted Systems, And Ongoing Support.
Specific Deliverables, Timelines, Pricing, And Scope May Be Set Out In A Separate Proposal, Statement Of Work, Order Form, Invoice, Subscription Plan, Service Agreement, Or Written Agreement Between You And Breightly AI.
2. Eligibility
You May Use Our Services Only If You Are Legally Able To Enter Into A Binding Agreement.
By Using Our Services, You Represent And Warrant That:
You Are At Least 18 Years Old.
You Have Authority To Accept These Terms On Behalf Of Yourself Or The Company You Represent.
Your Use Of The Services Will Comply With All Applicable Laws And Regulations.
You Will Not Use The Services In Any Prohibited Or Unlawful Manner.
Our Services Are Primarily Intended For Business And Professional Use. If You Use Our Services On Behalf Of A Company, Organization, Or Other Entity, “You” Includes Both You Personally And That Entity.
3. Business Users And Client Responsibility
If You Are A Business Client, You Are Responsible For:
Your Employees, Contractors, Agents, Representatives, And End Users Who Access Or Use Our Services.
Ensuring That All Information Provided To Us Is Accurate, Complete, And Lawful.
Obtaining All Required Rights, Permissions, Consents, And Legal Bases To Provide Data To Us.
Reviewing And Approving Any Workflows, Automations, AI Outputs, Campaigns, Or Systems Before Production Use.
Ensuring That Your Use Of AI, Automation, Marketing, Customer Communication, And Data Processing Complies With Applicable Laws.
You Remain Responsible For Your Business Decisions, Compliance Obligations, Customer Relationships, And Use Of Any Deliverables Or Outputs.
4. Accounts And Access
Some Services May Require Access Credentials, User Accounts, API Keys, Integrations, Dashboards, Client Portals, Third-Party Tools, Or Connected Systems.
You Are Responsible For:
Keeping Login Credentials Secure.
Restricting Access To Authorized Users Only.
Not Sharing Passwords, API Keys, Or Access Credentials Without Authorization.
Promptly Notifying Us Of Suspected Unauthorized Access.
Ensuring Your Systems And Accounts Are Properly Secured.
We Are Not Responsible For Losses Caused By Unauthorized Access Resulting From Your Failure To Secure Your Accounts, Credentials, Devices, Systems, Or Third-Party Platforms.
5. Proposals, Orders, And Scope Of Work
Services May Be Governed By A Separate Proposal, Order Form, Invoice, Statement Of Work, Subscription Plan, Or Written Agreement.
If There Is A Conflict Between These Terms And A Signed Written Agreement Between You And Breightly AI, The Signed Agreement Will Control Only For The Conflicting Provision.
Unless Expressly Stated Otherwise, Any Work Outside The Agreed Scope May Require A Separate Quote, Change Order, Or Additional Fee.
Examples Of Out-Of-Scope Work May Include:
Additional Integrations
New Automations
Additional AI Workflows
Revisions Beyond The Agreed Scope
Additional Training Or Support
Custom Development
Emergency Troubleshooting
Migration Work
Rebuilding Systems Due To Client-Side Changes
Compliance, Legal, Tax, Or Regulated-Industry Review
6. Client Cooperation
You Agree To Provide Timely Cooperation, Access, Content, Feedback, Approvals, Data, Credentials, Technical Information, And Decision-Making Support Reasonably Required For Us To Deliver The Services.
Delays Caused By Your Failure To Cooperate May Affect Timelines, Delivery Dates, Results, And Availability.
We Are Not Responsible For Delays, Missed Deadlines, Additional Costs, Technical Issues, Or Performance Limitations Caused By:
Late Client Feedback
Incomplete Or Inaccurate Information
Lack Of Access To Required Systems
Third-Party Platform Limitations
Client-Side Technical Issues
Delayed Approvals
Scope Changes
Failure To Follow Implementation Instructions
7. Payment Terms
You Agree To Pay All Fees Stated In The Applicable Proposal, Invoice, Order Form, Subscription Plan, Or Service Agreement.
Unless Otherwise Agreed In Writing:
Fees Are Due In Advance.
Setup Fees, Implementation Fees, Consulting Fees, And Subscription Fees Are Non-Refundable.
Subscriptions Renew Automatically Until Cancelled.
Payment Obligations Are Not Contingent On Your Business Results, Revenue, Leads, Conversion Rates, Profitability, Or Subjective Satisfaction.
You Are Responsible For All Applicable Taxes, Duties, Bank Fees, Payment Processor Fees, And Currency Conversion Charges.
We May Use Third-Party Payment Processors To Collect Payments. Your Use Of Those Processors May Be Subject To Their Own Terms And Privacy Policies.
8. Subscriptions And Auto-Renewal
If You Purchase A Subscription, Retainer, Or Recurring Service, The Plan Will Automatically Renew At The End Of Each Billing Period Unless Cancelled According To The Applicable Cancellation Terms.
Unless Otherwise Agreed In Writing:
Monthly Subscriptions Renew Monthly.
Annual Subscriptions Renew Annually.
You Authorize Us Or Our Payment Processor To Charge The Applicable Recurring Fees.
Cancellation Stops Future Renewals But Does Not Automatically Entitle You To A Refund For Amounts Already Paid.
Access To Services May Continue Until The End Of The Paid Billing Period, Unless Terminated Earlier For Breach, Misuse, Security Risk, Or Non-Payment.
9. Late Payments And Suspension
If Payment Is Not Received When Due, We May:
Suspend Access To Services.
Pause Implementation, Support, Automations, Or Deliverables.
Restrict Access To Dashboards, Workflows, Or Systems.
Charge Late Fees Or Interest Where Permitted By Law.
Require Payment In Advance For Future Services.
Terminate The Agreement.
Refer Unpaid Amounts For Collection.
You Remain Responsible For All Amounts Due, Including Collection Costs, Chargeback Fees, Legal Fees, And Reasonable Enforcement Costs Where Permitted By Law.
10. Refund Policy
Unless Expressly Stated Otherwise In A Written Agreement, All Fees Are Non-Refundable.
This Includes:
Setup Fees
Consulting Fees
Implementation Fees
Subscription Fees
Retainer Fees
Custom Development Fees
AI Automation Fees
Strategy Or Audit Fees
Third-Party Software Or Platform Costs
Partially Used Billing Periods
We May, At Our Sole Discretion, Issue Credits, Refunds, Or Partial Refunds In Specific Cases, But Doing So Does Not Create An Obligation To Do So In The Future.
11. Chargebacks
You Agree To Contact Us First At hello@breightly.ai To Resolve Any Billing Issue Before Initiating A Chargeback.
Improper Or Bad-Faith Chargebacks May Result In:
Immediate Suspension Of Services
Termination Of Access
Collection Of Outstanding Amounts
Recovery Of Chargeback Fees
Legal Or Collection Action Where Appropriate
12. Acceptable Use
You Agree To Use Our Website, Services, AI Systems, Automations, And Deliverables Only For Lawful, Authorized, And Ethical Purposes.
You Must Not Use Our Services To:
Violate Any Law Or Regulation
Infringe Intellectual Property Rights
Send Spam Or Unlawful Marketing Communications
Conduct Phishing, Fraud, Scams, Impersonation, Or Deceptive Activity
Generate Or Distribute Malware, Spyware, Or Harmful Code
Hack, Scrape, Overload, Disrupt, Or Interfere With Systems
Harass, Threaten, Abuse, Defame, Or Harm Others
Generate Unlawful, Harmful, Discriminatory, Or Misleading Content
Facilitate Illegal Surveillance Or Unauthorized Tracking
Collect Personal Data Without Proper Rights Or Consent
Make Unlawful Automated Decisions About Individuals
Circumvent Security Controls, Usage Limits, Or Access Restrictions
Reverse Engineer, Copy, Resell, Or Exploit Our Systems Without Permission
Use Our Services In Violation Of Third-Party Platform Rules Or AI Provider Policies
We May Suspend Or Terminate Access If We Believe Your Use Creates Legal, Security, Operational, Reputational, Ethical, Or Commercial Risk.
13. AI Usage Restrictions
You May Not Use Breightly AI Services, AI Workflows, AI Agents, Chatbots, Automations, Or Deliverables For High-Risk Or Prohibited Purposes Without Our Prior Written Approval And Appropriate Safeguards.
Restricted Uses Include, But Are Not Limited To:
Solely Automated Decisions With Legal Or Similarly Significant Effects
Employment, Credit, Housing, Insurance, Medical, Legal, Immigration, Or Financial Eligibility Decisions Without Qualified Human Review
Medical Diagnosis Or Treatment Decisions
Legal Advice Or Legal Decision-Making
Financial Advice Or Investment Recommendations
Biometric Identification Or Surveillance
Political Manipulation Or Deceptive Persuasion
Generation Of Fake Reviews, Fake Testimonials, Or Deceptive Endorsements
Impersonation Or Identity Deception
Scraping, Profiling, Or Tracking Individuals Without Lawful Authority
Use Involving Minors Without Appropriate Safeguards
Any Use That Violates Applicable AI, Privacy, Consumer Protection, Marketing, Or Data Protection Laws
You Are Responsible For Ensuring That Any AI-Enabled System Is Used With Appropriate Human Oversight, Legal Review, Compliance Controls, And Operational Safeguards.
14. AI Outputs And Accuracy
AI Systems May Generate Outputs That Are Inaccurate, Incomplete, Outdated, Biased, Offensive, Unsuitable, Or Otherwise Unreliable.
You Acknowledge And Agree That:
AI Outputs Should Not Be Treated As Professional Advice.
AI Outputs May Require Human Review Before Use.
AI Outputs May Not Be Unique.
Similar Or Identical Outputs May Be Generated For Other Users.
AI Systems May Misinterpret Inputs Or Context.
AI Systems May Produce Unexpected Or Incorrect Results.
You Are Responsible For Reviewing, Testing, Validating, And Approving AI Outputs Before Relying On Them.
Breightly AI Does Not Guarantee That AI Outputs Will Be Accurate, Complete, Compliant, Lawful, Suitable, Error-Free, Or Fit For Any Specific Purpose.
You Remain Responsible For All Decisions, Actions, Communications, Campaigns, Business Processes, And Customer Interactions That Use Or Rely On AI Outputs.
15. No Professional Advice
Our Services May Involve Strategy, Automation, Content, Workflows, Analysis, Recommendations, Or AI-Generated Outputs.
However, Unless Expressly Agreed In Writing, Breightly AI Does Not Provide:
Legal Advice
Tax Advice
Financial Advice
Medical Advice
Employment Advice
Regulatory Advice
Accounting Advice
Investment Advice
You Should Consult Qualified Professionals Before Relying On Any Output Or Recommendation For Regulated, Legal, Financial, Medical, Tax, Or Compliance-Sensitive Matters.
16. No Guarantee Of Business Results
Breightly AI May Help Improve Workflows, Automation, Responsiveness, Operational Efficiency, Customer Engagement, Or Business Systems.
However, We Do Not Guarantee:
Revenue Increases
Profitability
Lead Generation Volume
Conversion Rates
Customer Acquisition Results
Cost Savings
Search Rankings
Advertising Performance
Customer Satisfaction
Operational Outcomes
AI Accuracy
Specific Commercial Results
Business Outcomes Depend On Many Factors Outside Our Control, Including Your Market, Offer, Pricing, Sales Process, Customer Behavior, Team Execution, Third-Party Platforms, And Broader Economic Conditions.
17. Third-Party Services And Integrations
Our Services May Connect With Or Depend On Third-Party Platforms, APIs, Software, Cloud Providers, AI Providers, CRM Systems, Communication Tools, Payment Processors, Analytics Tools, Hosting Services, Or Other Vendors.
You Acknowledge That:
Third-Party Services Are Not Controlled By Breightly AI.
Third-Party Services May Change, Suspend, Restrict, Or Discontinue Functionality.
Third-Party Services May Experience Downtime, Errors, Or Security Incidents.
Your Use Of Third-Party Services May Be Subject To Separate Terms And Fees.
We Are Not Responsible For Failures, Changes, Or Actions Of Third-Party Providers.
If A Third-Party Platform Changes Its API, Pricing, Policies, Access Rules, Or Functionality, Additional Work May Be Required And May Be Billed Separately.
18. Service Availability
We Aim To Provide Reliable Services, But We Do Not Guarantee Uninterrupted Or Error-Free Availability Unless Expressly Stated In A Separate Written Service Level Agreement.
Services May Be Unavailable Due To:
Maintenance
Updates
Security Issues
Third-Party Outages
Hosting Failures
API Failures
Force Majeure Events
Client-Side Technical Issues
Internet Or Infrastructure Disruptions
We May Modify, Suspend, Update, Replace, Or Discontinue Any Part Of The Services At Any Time Where Reasonably Necessary For Security, Performance, Compliance, Product Development, Or Business Reasons.
19. Fair Use And Usage Limits
We May Apply Fair Use Limits To Protect Service Quality, Security, Infrastructure, And Operational Capacity.
Fair Use Limits May Apply To:
API Usage
AI Requests
Chatbot Conversations
Workflow Runs
Data Processing Volume
Support Requests
Storage
Integrations
User Seats
Automation Tasks
Compute Usage
If Usage Materially Exceeds Reasonable Or Agreed Limits, We May Require An Upgraded Plan, Additional Fees, Technical Adjustments, Or Usage Restrictions.
20. Beta Features
We May Offer Beta, Experimental, Pilot, Preview, Or Early-Access Features.
Beta Features Are Provided “As Is” And May Be Unstable, Incomplete, Inaccurate, Or Discontinued At Any Time.
We Are Not Liable For Losses Arising From Your Use Of Beta Features, And You Should Not Rely On Beta Features For Critical Business Operations Unless Expressly Agreed In Writing.
21. Intellectual Property
A. Breightly AI Property
Breightly AI Owns And Retains All Rights, Title, And Interest In And To Its Pre-Existing And Independently Developed Intellectual Property, Including:
Software
Code
Templates
Systems
Frameworks
Workflows
Prompts
AI Configurations
Automation Logic
Methodologies
Processes
Documentation
Training Materials
Internal Tools
Know-How
Designs
Business Methods
Technical Architecture
Reusable Components
Nothing In These Terms Transfers Ownership Of Breightly AI’s Intellectual Property To You Unless Expressly Stated In A Signed Written Agreement.
B. Client Property
You Retain Ownership Of Your Pre-Existing Materials, Including:
Client Content
Brand Assets
Business Data
Customer Data
Uploaded Files
Confidential Information
Trademarks
Existing Systems
Existing Documentation
You Grant Breightly AI A Limited License To Use, Process, Reproduce, Modify, Transmit, And Display Your Materials Solely As Necessary To Provide The Services, Improve Agreed Workflows, Troubleshoot Issues, And Fulfill Our Obligations.
C. Deliverables
Unless Otherwise Agreed In Writing, After Full Payment Of All Amounts Due, You Receive A Non-Exclusive, Worldwide, Non-Transferable License To Use The Final Deliverables For Your Internal Business Purposes.
Deliverables May Include Configurations, Workflows, Documents, Automations, AI Agent Setups, Chatbot Flows, Implementation Materials, Or Other Work Product Created For You.
Unless Expressly Agreed In Writing, You May Not Resell, Sublicense, Distribute, Commercialize, Or Provide The Deliverables As A Competing Service.
D. AI Outputs
To The Extent Permitted By Applicable Law And Third-Party Platform Terms, You May Use AI Outputs Generated Specifically For You In Connection With The Services.
However, AI Outputs May Not Be Unique, And Similar Or Identical Outputs May Be Generated For Others. Breightly AI Does Not Guarantee Exclusivity, Copyrightability, Registrability, Or Non-Infringement Of AI Outputs.
You Are Responsible For Reviewing AI Outputs For Accuracy, Legality, Originality, Compliance, And Suitability Before Use.
E. Reusable Knowledge
Breightly AI May Use Generalized Skills, Knowledge, Experience, Ideas, Methods, Workflows, And Know-How Learned During Service Delivery, Provided We Do Not Disclose Your Confidential Information Or Personal Data In Violation Of Our Obligations.
22. Feedback
If You Provide Feedback, Ideas, Suggestions, Recommendations, Or Improvement Requests, You Grant Breightly AI A Perpetual, Worldwide, Royalty-Free, Irrevocable License To Use That Feedback For Any Purpose Without Restriction Or Compensation.
23. Confidentiality
Each Party May Receive Confidential Information From The Other Party.
Confidential Information May Include:
Business Plans
Client Data
Customer Data
Technical Systems
AI Configurations
Prompts
Automations
Pricing
Financial Information
Trade Secrets
Operational Workflows
Project Documents
Non-Public Business Information
Each Party Agrees To Use Reasonable Care To Protect Confidential Information And Not Disclose It Except As Necessary To Perform The Services, Comply With Law, Enforce Rights, Or Use Approved Vendors, Employees, Contractors, Or Advisors Under Appropriate Confidentiality Obligations.
Confidentiality Obligations Do Not Apply To Information That:
Is Publicly Available Through No Fault Of The Receiving Party
Was Already Known Without Confidentiality Obligations
Is Independently Developed Without Use Of Confidential Information
Is Lawfully Received From A Third Party Without Confidentiality Obligations
Must Be Disclosed By Law, Court Order, Or Government Request
24. Data Protection And Privacy
Our Collection And Use Of Personal Information Is Described In Our Privacy Policy.
By Using Our Services, You Agree To Our Privacy Policy.
Where We Process Personal Information On Behalf Of A Client, We May Act As A Processor, Service Provider, Contractor, Or Similar Role Under Applicable Privacy Laws.
Clients Are Responsible For:
Providing Required Privacy Notices
Obtaining Valid Consents
Maintaining A Lawful Basis For Processing
Responding To Data Subject Or Consumer Requests Where Applicable
Ensuring That Their Use Of Our Services Complies With Privacy, Data Protection, Marketing, And Consumer Protection Laws
Where Required, Breightly AI May Enter Into A Data Processing Agreement Or Similar Privacy Addendum.
25. SMS And Text Messaging Terms
Breightly AI, Operated By Nextphase Consultancy Partners LLC, May Send SMS And Text Messages To Users Who Voluntarily Provide Their Phone Number And Select An Optional, Unchecked SMS Consent Box On Our Website.
Messages May Include Appointment Reminders, Inquiry Responses, Service Notifications, Account Updates, Payment Confirmations, Promotional Offers, Discounts, And Other Marketing Communications. Message Frequency Varies.
Message And Data Rates May Apply. Check With Your Mobile Carrier For Details.
To Stop Receiving Messages, Reply STOP To Any Text Message.
Consent To Receive SMS Messages Is Not A Condition Of Purchase Or Use Of Our Services.
Mobile Carriers Are Not Liable For Delayed Or Undelivered Messages.
Delivery Of SMS Messages Is Subject To The Availability And Operation Of Participating Mobile Carriers And Messaging Providers.
26. Security
We Use Commercially Reasonable Technical, Organizational, And Administrative Safeguards Designed To Protect Systems And Information.
Security Measures May Include:
SSL/HTTPS
Access Controls
Password Protection
Encryption
Two-Factor Authentication
Vendor Due Diligence
Limited Employee And Contractor Access
Backups
Data Minimization
Confidentiality Obligations
Incident Response Practices
However, No System Is Completely Secure. You Acknowledge That We Cannot Guarantee Absolute Security Of Any Website, Platform, AI System, Integration, Automation, Or Data Transmission.
You Are Responsible For Securing Your Own Systems, Devices, Accounts, Credentials, Third-Party Tools, And User Permissions.
27. Suspension And Termination By Breightly AI
We May Suspend Or Terminate Your Access To Services Immediately If:
You Fail To Pay Amounts Due.
You Breach These Terms.
You Misuse The Services.
You Violate Applicable Laws.
Your Use Creates Legal, Security, Operational, Reputational, Or Commercial Risk.
You Violate AI Usage Restrictions.
You Interfere With Our Systems Or Third-Party Platforms.
You Provide False, Misleading, Or Incomplete Information.
Continuing Services Would Expose Us To Liability Or Third-Party Claims.
Suspension Or Termination Does Not Relieve You Of Payment Obligations For Services Already Provided, Committed, Or Accrued.
28. Termination By Client
You May Terminate Services According To The Cancellation Or Termination Terms In The Applicable Proposal, Subscription Plan, Order Form, Invoice, Or Written Agreement.
Unless Otherwise Agreed In Writing:
Termination Does Not Entitle You To A Refund.
You Remain Responsible For All Fees Due Through The Effective Termination Date.
Work Already Performed, Reserved Capacity, Setup Work, And Third-Party Costs Remain Payable.
Subscription Cancellation Stops Future Renewals But Does Not Refund Prior Payments.
29. Effect Of Termination
Upon Termination:
Your Right To Access The Services Ends.
We May Disable Access To Dashboards, Workflows, Automations, Or Systems.
We May Delete Or Archive Data According To Our Retention Practices And Legal Obligations.
Outstanding Fees Become Immediately Due.
Provisions Intended To Survive Termination Will Remain In Effect.
Surviving Provisions Include, But Are Not Limited To, Payment Obligations, Intellectual Property, Confidentiality, Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution, And Governing Law.
30. Client Data Export And Transition Assistance
Where Technically Feasible And Commercially Reasonable, We May Assist With Data Export Or Transition Support Upon Request.
Unless Expressly Included In Your Plan Or Agreement, Transition Assistance, Migration Support, Documentation Handover, Additional Training, Or Custom Export Work May Be Billed Separately.
We Are Not Responsible For Loss Of Access To Third-Party Systems, Deleted Third-Party Data, Expired Credentials, Client-Side Misconfiguration, Or Failure To Request Exports Before Termination.
31. Portfolio, Case Studies, And Publicity
Unless Otherwise Agreed In Writing, We May Identify Your Company Name And Logo As A Client For Portfolio, Website, Sales, Or Marketing Purposes.
We Will Not Publish Detailed Confidential Information, Private Performance Data, Sensitive Business Information, Or Case Studies Containing Non-Public Details Without Your Consent.
You May Request That We Do Not Use Your Name Or Logo By Contacting hello@breightly.ai
32. Warranties And Disclaimers
The Services Are Provided On An “As Is” And “As Available” Basis Unless Expressly Stated Otherwise In A Written Agreement.
To The Fullest Extent Permitted By Law, Breightly AI Disclaims All Warranties, Express Or Implied, Including Warranties Of:
Merchantability
Fitness For A Particular Purpose
Non-Infringement
Accuracy
Availability
Reliability
Security
Error-Free Operation
Suitability For Your Business Needs
Compliance With Laws Specific To Your Industry Or Use Case
We Do Not Warrant That:
The Services Will Be Uninterrupted Or Error-Free.
AI Outputs Will Be Accurate, Complete, Or Reliable.
Automations Will Function Without Interruption.
Third-Party Platforms Will Remain Available.
Business Results Will Be Achieved.
Defects Will Be Corrected Within A Specific Timeframe.
The Services Will Meet All Regulatory Requirements Applicable To You.
Some Jurisdictions Do Not Allow Certain Disclaimers, So Some Of The Above May Not Apply To You.
33. Limitation Of Liability
To The Fullest Extent Permitted By Law, Breightly AI Will Not Be Liable For Any Indirect, Incidental, Consequential, Special, Exemplary, Punitive, Or Enhanced Damages, Including:
Lost Profits
Lost Revenue
Lost Business Opportunities
Loss Of Goodwill
Loss Of Data
Business Interruption
System Downtime
Cost Of Replacement Services
Reputational Harm
AI Output Errors
Customer Claims Arising From Your Use Of The Services
Third-Party Platform Failures
To The Fullest Extent Permitted By Law, Breightly AI’s Total Liability For Any Claim Arising Out Of Or Relating To The Services Or These Terms Will Not Exceed The Amount You Paid To Breightly AI For The Specific Service Giving Rise To The Claim During The Three Months Immediately Before The Event Giving Rise To Liability.
If You Have Not Paid Any Fees, Breightly AI’s Total Liability Will Not Exceed USD $100.
These Limitations Apply Regardless Of The Legal Theory, Whether Based In Contract, Tort, Negligence, Strict Liability, Warranty, Statute, Or Otherwise, Even If We Have Been Advised Of The Possibility Of Such Damages.
34. Indemnification
You Agree To Defend, Indemnify, And Hold Harmless Breightly AI, Its Owners, Directors, Officers, Employees, Contractors, Agents, Vendors, And Affiliates From And Against Any Claims, Damages, Losses, Liabilities, Costs, And Expenses, Including Reasonable Attorneys’ Fees, Arising Out Of Or Relating To:
Your Use Of The Services
Your Breach Of These Terms
Your Violation Of Law
Your Violation Of Third-Party Rights
Your Data, Content, Instructions, Or Materials
Your Use Or Deployment Of AI Outputs
Your Customer Communications
Your Marketing Campaigns
Your Business Operations
Your Failure To Obtain Required Consents Or Permissions
Your Misuse Of Automations, AI Agents, Or Deliverables
Claims Brought By Your Customers, End Users, Employees, Contractors, Or Business Partners
We Reserve The Right To Control The Defense Of Any Matter Subject To Indemnification, And You Agree To Cooperate With Our Defense.
35. Consumer Protection Rights
Nothing In These Terms Is Intended To Limit Rights That Cannot Legally Be Limited Under Applicable Consumer Protection Laws.
If You Are A Consumer Using Our Services For Personal, Household, Or Consumer Purposes, Some Limitations Or Disclaimers May Not Apply To You.
However, Our Services Are Primarily Designed For Business And Professional Use.
36. International Users
Breightly AI Is Based In The United States. If You Access Our Services From Outside The United States, You Are Responsible For Complying With Local Laws.
You Acknowledge That Your Information May Be Processed In The United States And Other Countries Where We Or Our Vendors Operate.
You May Not Use Our Services If Doing So Would Violate Export Control Laws, Sanctions, Trade Restrictions, Or Applicable Local Laws.
37. Export Control And Sanctions Compliance
You May Not Use, Access, Export, Re-Export, Or Transfer Our Services In Violation Of Applicable Export Control, Sanctions, Or Trade Laws.
You Represent That You Are Not Located In, Organized Under The Laws Of, Or Ordinarily Resident In A Country Or Territory Subject To Comprehensive Sanctions, And That You Are Not Listed On Any Restricted-Party List.
We May Restrict Or Terminate Access Where Required For Sanctions, Export Control, Legal, Compliance, Or Risk-Management Reasons.
38. Changes To The Services
We May Update, Modify, Improve, Replace, Suspend, Or Discontinue Any Part Of The Services At Any Time.
We May Also Change Features, Functionality, Third-Party Integrations, AI Models, Workflows, Pricing, Or Service Structures.
Where Changes Materially Affect An Active Paid Service, We Will Use Commercially Reasonable Efforts To Provide Notice When Practical.
39. Changes To These Terms
We May Update These Terms From Time To Time.
When We Update These Terms, We Will Revise The “Last Updated” Date Above. Updated Terms Will Be Effective When Posted Unless Otherwise Stated.
Your Continued Use Of The Website Or Services After Updated Terms Are Posted Means You Accept The Updated Terms.
If You Do Not Agree To The Updated Terms, You Must Stop Using The Services.
40. Governing Law
These Terms Are Governed By The Laws Of The State Of Wyoming, United States, Without Regard To Conflict-Of-Law Principles.
41. Dispute Resolution
Before Filing A Formal Claim, You Agree To First Contact Us At hello@breightly.ai And Attempt To Resolve The Dispute Informally.
If The Dispute Cannot Be Resolved Informally Within 30 Days, Either Party May Pursue The Claim In The State Or Federal Courts Located In Wyoming, United States, Unless Another Dispute Process Is Required By Applicable Law Or Agreed In Writing.
You Agree To The Personal Jurisdiction And Venue Of Those Courts.
42. Class Action Waiver
To The Fullest Extent Permitted By Law, You And Breightly AI Agree That Disputes Will Be Handled Only On An Individual Basis.
You May Not Bring A Claim As A Plaintiff Or Class Member In A Class Action, Collective Action, Consolidated Action, Private Attorney General Action, Or Representative Proceeding.
If This Class Action Waiver Is Found Unenforceable, The Remainder Of These Terms Will Remain In Effect To The Maximum Extent Permitted By Law.
43. Injunctive Relief
You Agree That A Breach Of Provisions Relating To Intellectual Property, Confidentiality, Security, Unauthorized Access, Or Misuse Of The Services May Cause Irreparable Harm To Breightly AI.
In Such Cases, Breightly AI May Seek Injunctive Or Equitable Relief Without Needing To Post Bond, In Addition To Any Other Remedies Available.
44. Force Majeure
Breightly AI Will Not Be Liable For Delay Or Failure To Perform Due To Events Outside Our Reasonable Control, Including:
Natural Disasters
War
Terrorism
Labor Disputes
Government Actions
Internet Outages
Power Failures
Cyberattacks
Third-Party Platform Outages
Cloud Provider Failures
API Failures
Pandemics
Civil Unrest
Supply Chain Disruptions
Other Events Beyond Our Reasonable Control
45. Assignment
You May Not Assign Or Transfer Your Rights Or Obligations Under These Terms Without Our Prior Written Consent.
We May Assign Or Transfer Our Rights And Obligations In Connection With A Merger, Acquisition, Sale Of Assets, Restructuring, Financing, Or Transfer Of Business Operations.
46. No Waiver
Our Failure To Enforce Any Provision Of These Terms Does Not Waive Our Right To Enforce That Provision Later.
Any Waiver Must Be In Writing And Signed By An Authorized Representative Of Breightly AI.
47. Severability
If Any Provision Of These Terms Is Found Invalid, Unlawful, Or Unenforceable, The Remaining Provisions Will Remain In Full Force And Effect.
The Invalid Provision Will Be Modified To The Minimum Extent Necessary To Make It Enforceable, Or Removed If Modification Is Not Possible.
48. Entire Agreement
These Terms, Together With Any Applicable Proposal, Order Form, Invoice, Statement Of Work, Service Agreement, And Privacy Policy, Form The Entire Agreement Between You And Breightly AI Regarding The Services.
They Replace All Prior Or Contemporaneous Understandings, Communications, Or Agreements Regarding The Same Subject Matter.
49. Contact
If You Have Questions About These Terms, Contact Us At:
Breightly AI (Is Operated By Nextphase Consultancy Partners L.L.C.)
Email: hello@breightly.ai
Website: Breightly.AI