Terms Of Use
Brighter provides an online education service on the website located at https://brighter.rocks (the "Site", and the Site, together with any products and services provided by Brighter, the "Service"). By registering on the Site or by visiting, browsing, or using the Brighter Service in any way, you ("user" or "you") accept these Terms of Use (the "Terms"), which forms a binding agreement between you and Brighter and which cannot be changed by you.
THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SITE OR SERVICE, YOU ARE ACCEPTING THESE TERMS ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY. IF YOU ARE ENTERING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS "YOU" OR "USER" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.
YOU MAY NOT ACCESS OR USE THE SITE OR SERVICE IF YOU ARE NOT AT LEAST 16 YEARS OLD (UNLESS YOU ARE A CLASSROOMS USER). IF YOU ARE UNDER 18 YEARS OLD (OR THE AGE OF MAJORITY IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING THE SITE OR SERVICE), THEN YOU MAY ONLY ACCESS THE SITE OR SERVICE IF YOU HAVE YOUR PARENT OR LEGAL GUARDIAN'S CONSENT.
AS EXPLAINED IN SECTION 14 BELOW, YOU AND BRIGHTER AGREE THAT ALL DISPUTES WHICH CANNOT BE RESOLVED INFORMALLY MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND THAT YOU AND BRIGHTER WAIVE ALL RIGHTS TO HAVE THEIR CLAIMS PRESENTED TO OR DECIDED BY A JURY.
1. Account
1.1 Account Creation
In order to use certain features of the Service, you must register for an account ("Account") and provide certain information about yourself. You represent and warrant that: (a) all registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information. You agree that all account information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Our Privacy Policy forms a part of these Terms. You may delete your Account at any time, for any reason, by following the instructions on the Service. Brighter may suspend or terminate your Account in accordance with Section 6.
1.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify Brighter of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Brighter cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Brighter Purchase Terms
2.1 Auto-Renewal for Subscription Services
Unless you opt out of auto-renewal, your Subscription will be automatically extended following any subscription term, for the same period of time as the subscription term, at the then-current rate. To change or terminate your Subscription, go to your Account page or reach out to Brighter Support via our contact form. If you terminate your Subscription during the subscription term, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires. However, you won't be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription term.
2.2 Trial Subscriptions and Beta Releases
From time to time, Brighter may provide you with a Free Plan or a Brighter Service on a trial basis at no charge (a "Trial Subscription") or with access to features and functionality designated as pilot, unreleased, limited release, non-production, early access, in development, or in "alpha" or "beta" or by a similar description (collectively, "Beta Releases"), which are optional for you to use, and may be subject to supplemental terms that will be presented to you. You may choose to try such Trial Subscriptions and Beta Releases at your sole risk.
Brighter may use good faith efforts in its discretion to assist You with Trial Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, you agree that any Trial Subscriptions or Beta Releases are provided on an "as is" and "as available" basis, to the fullest extent of the law, without any warranty, support, maintenance, storage or indemnity obligations from Brighter of any kind. You acknowledge and agree that Beta Releases, by their nature, have not been fully tested and may contain bugs, errors, omissions. Brighter may terminate your right to use any Trial Subscriptions or Beta Releases at any time for any reason.
YOU ACKNOWLEDGE AND AGREE THAT BRIGHTER WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A TRIAL SUBSCRIPTION OR A BETA RELEASE.
3. Usage of the Service
3.1 Restrictions
The License granted is subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, in whole or in part, or any content displayed on the Service; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you will not access or use the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein or specifically enabled as a feature of the Service, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
3.2 Limits
We reserve the right to monitor use of the Service and to deactivate or terminate your rights to use the Service (including your Account) if your usage behavior exceeds normal limits, as determined in our sole discretion. For the avoidance of doubt, activating in excess of 10,000 Business Users pursuant to our unlimited plans will be deemed to be a breach of the foregoing limits.
3.3 Modification
Brighter reserves the right, at any time without notice or liability, to change or eliminate any content or feature or restrict the use of any portion of the Service. Your only right with respect to any dissatisfaction is to cease use of the Service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service will be subject to these Terms.
3.4 Availability of Service
You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Service, and accordingly, you agree not to hold us liable or make any claims against us for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Service may not be available due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Service, or any other delays outside of our control.
3.5 Support
Brighter will use reasonable efforts to respond to support inquiries submitted via our contact form at info@brighter.rocks. While we aim to provide timely assistance, we do not guarantee specific response times or resolution outcomes. Support is provided on a best-efforts basis and does not constitute a warranty of uninterrupted or error-free service. Brighter reserves the right to adjust the scope or availability of support at any time.
4. Payment Terms
4.1 Payment
Subscription holders agree to pay the monthly fee of USD30 specified when you purchase a Subscription. Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other geographic-specific pricing. Any agreement you have with your payment provider will govern your use of your specified payment method.
4.2 Billing Authorization
You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Subscription. You hereby authorize us to charge your specified payment method on a monthly or annual basis, in advance, for recurring Subscriptions. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full.
4.3 Third-Party Payment Processors
You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received.
4.4 Invoice Payment
As a Business Plan subscription holder, if you choose to be invoiced, your Subscription Fee will be invoiced as of the subscription start date when the Seats are activated ("Start Date"). You hereby agree that the Subscription Fee is due as of the invoice date, payable within thirty (30) days of said date and according to the instructions on the invoice.
5. Termination and Cancellation
5.1 Termination
You agree that we may deactivate or terminate your rights to use the Service (including your Account) if we believe that you have breached or acted inconsistently with these Terms, or at any time for any reason at our sole discretion if you are a subscription holder under a Free Plan or a Classrooms Plan. Any such deactivation or termination may be effected without prior notice to you.
5.2 Post-Termination or CancellationUpon termination or expiration your rights under these Terms, your Account and right to access and use the Service will terminate immediately. Termination or expiration may involve deletion of your User Content associated with your Account. Brighter will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
6. Intellectual Property
6.1 Ownership
Excluding any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Brighter or Brighter's suppliers ("Proprietary Materials"). Neither these Terms nor your access to the Service transfers to you or any third party any rights, title or interest in or to such Proprietary Materials, except for the limited license described herein. Brighter and its suppliers reserve all rights not granted in these Terms.
6.2 RightsWe represent, warrant, and covenant that: (i) we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms; and (ii) neither the Service, nor the provision or utilization thereof, will infringe, violate, or constitute the unauthorized use or misappropriation of any intellectual property of any third party.
7. User Content
7.1 User Content
User Content means any information and content that a user submits to, or uses with, the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. Brighter is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.
7.2 License
You hereby grant Brighter an irrevocable, non-exclusive, royalty-free and fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
7.3 RestrictionsYou will not use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, defamatory, false, intentionally misleading, pornographic, obscene, promotes racism, bigotry, hatred, or physical harm of any kind; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations imposed by any third party.
In addition, you agree not to upload, transmit, or distribute computer viruses, send unsolicited advertising or spam, harvest user data without consent, interfere with servers or networks, attempt unauthorized access to the Service, harass other users, or use automated scripts to scrape data from the Service.
You also acknowledge and agree that the Service is not intended to hold any Sensitive Information, including passwords, credit card information, personal health information, social security numbers, or any information subject to HIPAA, PCI DSS, or similar regulations.
7.4 EnforcementWe reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any Restrictions or any other provision of these Terms. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
7.5 FeedbackIf you provide Brighter with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to Brighter all rights in such Feedback and agree that Brighter will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
8. Third-Party Links & Ads; Other Users
8.1 Third-Party Links & Ads
The Service may contain links to third-party websites, content and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Brighter, and Brighter is not responsible for any Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk.
8.2 Other Users
Each Service user is solely responsible for its own User Content. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that Brighter will not be responsible for any loss or damage incurred as the result of any such interactions.
9. Indemnification
You agree to indemnify and hold Brighter (and its officers, employees, and agents) 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 Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Brighter reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
10. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND BRIGHTER EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
11. Limitation of Liability
11.1 Exclusion of Consequential and Related DamagesTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRIGHTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF BRIGHTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Monetary Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AMOUNTS PAID TO US BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
11.3 Independent Allocation of Risk
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY BRIGHTER TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
11.4 EU/EEA Consumer RightsNothing in these Terms limits or excludes any rights you have as a consumer under applicable EU law. If you are a consumer resident in the European Union or European Economic Area, mandatory consumer protection provisions of your country of residence may apply, and these Terms shall not affect such rights.
12. Dispute Resolution
12.0 EU/EEA Users — Dispute Resolution
If you are a consumer resident in the European Union or European Economic Area, you may also submit your complaint to the Online Dispute Resolution (ODR) platform of the European Commission, available at: https://ec.europa.eu/consumers/odr. We are not obligated to participate in ODR proceedings but will make reasonable efforts to resolve disputes amicably. Nothing in this Section limits your right to bring proceedings before the competent courts of your country of residence.
12.1 General — Informal ResolutionMost disputes can be resolved informally. Before bringing a formal legal case, please first try contacting our Support Team at info@brighter.rocks. We commit to responding within 14 days and to making reasonable efforts to resolve the matter.
12.2 All Disputes CoveredThe terms "Dispute" and "Disputes" are defined broadly to cover all disputes, complaints, claims, and controversies of any type, including those involving statutory, regulatory, constitutional, contractual, common law, and tax-related rights or remedies, even if those Disputes involve allegations of negligence, fraud, misrepresentation, or other misconduct.
12.3 US and Canada Users — Arbitration
For users located in the United States or Canada: all Disputes which cannot be resolved informally must be resolved through binding individual arbitration or in small claims court only. You and Brighter agree to waive all rights to have claims presented to or decided by a jury. Arbitration will be conducted under the rules of the American Arbitration Association (AAA). To begin an arbitration, the claiming party must send a letter describing the Dispute to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
12.4 Opt-Out Rights (US/Canada)
You have the right to opt out of this arbitration agreement by sending a written notice expressly stating "I opt out of the arbitration requirement" by email to info@brighter.rocks or by certified mail to: Brighter, Czerniakowska street, 174, Warsaw 00-440, Poland, within thirty (30) days after first agreeing to these Terms.
12.5 Mandatory Informal Settlement Process (US/Canada)
Before initiating an arbitration or small claims court case, you and Brighter must first participate in an informal dispute resolution process for at least sixty (60) days. The party asserting any Dispute must send a signed, written statement including their full name, address, email, the date the Dispute arose, an explanation of the dispute, and a proposal for resolving it.
12.6 Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of Poland, without reference to its conflict of law principles. For consumers in the European Union, the mandatory consumer protection laws of your country of residence shall apply in addition to Polish law. Any disputes not subject to arbitration (Section 12.3) shall be submitted to the exclusive jurisdiction of the competent courts of Warsaw, Poland, subject to the mandatory jurisdiction rules applicable to EU consumers.
12.7 Survival
The arbitration agreement will survive and remain in effect even after your relationship with Brighter has ended.
13. Copyright Policy
Brighter respects the intellectual property of others and asks that users of our Service do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users who are repeat infringers of intellectual property rights.
To report copyright infringement, please send written notification to info@brighter.rocks including: your physical or electronic signature; identification of the copyrighted work(s); identification of the infringing material; your contact information; a statement of good faith belief; and a statement of accuracy under penalty of perjury.
14. Federal Government End Use Provision
If You are a U.S. federal government department or agency or contracting on behalf of such department or agency, the Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, licensed to you with only those rights as provided under these Terms.
15. Data Protection and GDPR
15.1 Data Controller
Brighter Analytics (Daria Guseva Brighter Analytics, VAT NIP 7011303570, Czerniakowska street, 174, Warsaw 00-440, Poland) acts as the data controller for personal data collected through the Service.
15.2 Legal Basis for Processing
We process your personal data on the following legal bases: (a) performance of a contract — to provide you with the Service you subscribed to; (b) legitimate interests — to improve our Service, prevent fraud, and ensure security; (c) compliance with legal obligations; and (d) your consent, where explicitly provided.
15.3 Your Rights Under GDPR
If you are located in the European Union or European Economic Area, you have the following rights with respect to your personal data:
• Right of access — request a copy of the personal data we hold about you
• Right to rectification — request correction of inaccurate or incomplete data
• Right to erasure — request deletion of your personal data ("right to be forgotten")
• Right to restriction of processing — request that we limit how we use your data
• Right to data portability — receive your data in a structured, machine-readable format
• Right to object — object to processing based on legitimate interests
• Right to withdraw consent — where processing is based on consent, you may withdraw it at any time
15.4 How to Exercise Your Rights
To exercise any of the rights listed above, please contact us at info@brighter.rocks. We will respond to your request within 30 days. You also have the right to lodge a complaint with your local supervisory authority. In Poland, this is the Urząd Ochrony Danych Osobowych (UODO), ul. Stawki 2, 00-193 Warsaw (www.uodo.gov.pl).
15.5 Data Retention
We retain personal data for as long as your Account is active or as needed to provide you with the Service. We may also retain and use your data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Upon deletion of your Account, we will delete or anonymize your personal data within 90 days, unless we are required by law to retain it longer.
15.6 International Data Transfers
Your personal data may be transferred to and processed in countries outside the European Economic Area. When we transfer data outside the EEA, we ensure that appropriate safeguards are in place in accordance with applicable data protection law, including the use of Standard Contractual Clauses approved by the European Commission.
15.7 Data Processor — Stripe
We use Stripe as our payment processor. Stripe processes payment data as a data processor on our behalf and as an independent data controller for its own purposes. For more information on how Stripe handles your data, please refer to Stripe's Privacy Policy at https://stripe.com/privacy.
16. General
16.1 Changes
These Terms are subject to occasional revision. If we make any substantial changes, we will notify you by sending an e-mail to the last e-mail address you provided to us, and/or by prominently posting notice of the changes in the Service. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes. Continued use of the Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the updated terms.
16.2 Export Compliance and Anti-Corruption
The Service may be subject to export control laws. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from Brighter in violation of applicable export laws or regulations.
16.3 Notice
Any notice which may be required to be given under these Terms will be given: (i) to you via e-mail to the e-mail address you maintain in your account settings or by notifying you electronically by displaying the notice in the Service; (ii) to us at info@brighter.rocks or by mail to Czerniakowska street, 174, Warsaw 00-440, Poland.
16.4 Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Service. 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 held to be invalid or unenforceable, the other provisions will be unimpaired and the invalid provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16.5 AssignmentThese Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Brighter's prior written consent. Brighter may freely assign these Terms.
16.6 Copyright/Trademark Information
Copyright © 2026 Brighter. All rights reserved. All trademarks, logos and service marks displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
16.7 EU Right of Withdrawal — Digital Services
In accordance with Article 16(m) of EU Directive 2011/83/EU on consumer rights, by starting your subscription you expressly request that the Service begins immediately upon purchase. You acknowledge that, by exercising this right, you waive your 14-day right of withdrawal under EU consumer law once the digital content delivery has commenced and you have given your prior express consent and acknowledged that you thereby lose your right of withdrawal.
This waiver does not affect your other statutory rights as a consumer under applicable EU law, including your right to a remedy in case of non-conformity of the Service.
16.8 Contact InformationBrighter Analytics
Address: Czerniakowska street, 174, Warsaw 00-440, Poland
Contact: info@brighter.rocks
THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICE. BY ACCESSING OR USING THE SITE OR SERVICE, YOU ARE ACCEPTING THESE TERMS ON YOUR OWN BEHALF OR ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY. IF YOU ARE ENTERING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE THE TERMS "YOU" OR "USER" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.
YOU MAY NOT ACCESS OR USE THE SITE OR SERVICE IF YOU ARE NOT AT LEAST 16 YEARS OLD (UNLESS YOU ARE A CLASSROOMS USER). IF YOU ARE UNDER 18 YEARS OLD (OR THE AGE OF MAJORITY IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING THE SITE OR SERVICE), THEN YOU MAY ONLY ACCESS THE SITE OR SERVICE IF YOU HAVE YOUR PARENT OR LEGAL GUARDIAN'S CONSENT.
AS EXPLAINED IN SECTION 14 BELOW, YOU AND BRIGHTER AGREE THAT ALL DISPUTES WHICH CANNOT BE RESOLVED INFORMALLY MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND THAT YOU AND BRIGHTER WAIVE ALL RIGHTS TO HAVE THEIR CLAIMS PRESENTED TO OR DECIDED BY A JURY.
1. Account
1.1 Account Creation
In order to use certain features of the Service, you must register for an account ("Account") and provide certain information about yourself. You represent and warrant that: (a) all registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information. You agree that all account information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Our Privacy Policy forms a part of these Terms. You may delete your Account at any time, for any reason, by following the instructions on the Service. Brighter may suspend or terminate your Account in accordance with Section 6.
1.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify Brighter of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Brighter cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. Brighter Purchase Terms
2.1 Auto-Renewal for Subscription Services
Unless you opt out of auto-renewal, your Subscription will be automatically extended following any subscription term, for the same period of time as the subscription term, at the then-current rate. To change or terminate your Subscription, go to your Account page or reach out to Brighter Support via our contact form. If you terminate your Subscription during the subscription term, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires. However, you won't be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription term.
2.2 Trial Subscriptions and Beta Releases
From time to time, Brighter may provide you with a Free Plan or a Brighter Service on a trial basis at no charge (a "Trial Subscription") or with access to features and functionality designated as pilot, unreleased, limited release, non-production, early access, in development, or in "alpha" or "beta" or by a similar description (collectively, "Beta Releases"), which are optional for you to use, and may be subject to supplemental terms that will be presented to you. You may choose to try such Trial Subscriptions and Beta Releases at your sole risk.
Brighter may use good faith efforts in its discretion to assist You with Trial Subscriptions or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, you agree that any Trial Subscriptions or Beta Releases are provided on an "as is" and "as available" basis, to the fullest extent of the law, without any warranty, support, maintenance, storage or indemnity obligations from Brighter of any kind. You acknowledge and agree that Beta Releases, by their nature, have not been fully tested and may contain bugs, errors, omissions. Brighter may terminate your right to use any Trial Subscriptions or Beta Releases at any time for any reason.
YOU ACKNOWLEDGE AND AGREE THAT BRIGHTER WILL HAVE NO LIABILITY FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A TRIAL SUBSCRIPTION OR A BETA RELEASE.
3. Usage of the Service
3.1 Restrictions
The License granted is subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, in whole or in part, or any content displayed on the Service; (b) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you will not access or use the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein or specifically enabled as a feature of the Service, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
3.2 Limits
We reserve the right to monitor use of the Service and to deactivate or terminate your rights to use the Service (including your Account) if your usage behavior exceeds normal limits, as determined in our sole discretion. For the avoidance of doubt, activating in excess of 10,000 Business Users pursuant to our unlimited plans will be deemed to be a breach of the foregoing limits.
3.3 Modification
Brighter reserves the right, at any time without notice or liability, to change or eliminate any content or feature or restrict the use of any portion of the Service. Your only right with respect to any dissatisfaction is to cease use of the Service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service will be subject to these Terms.
3.4 Availability of Service
You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Service, and accordingly, you agree not to hold us liable or make any claims against us for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Service may not be available due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Service, or any other delays outside of our control.
3.5 Support
Brighter will use reasonable efforts to respond to support inquiries submitted via our contact form at info@brighter.rocks. While we aim to provide timely assistance, we do not guarantee specific response times or resolution outcomes. Support is provided on a best-efforts basis and does not constitute a warranty of uninterrupted or error-free service. Brighter reserves the right to adjust the scope or availability of support at any time.
4. Payment Terms
4.1 Payment
Subscription holders agree to pay the monthly fee of USD30 specified when you purchase a Subscription. Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other geographic-specific pricing. Any agreement you have with your payment provider will govern your use of your specified payment method.
4.2 Billing Authorization
You may be asked to provide a credit, charge or debit card number from a card issuer that we accept in order to activate your Subscription. You hereby authorize us to charge your specified payment method on a monthly or annual basis, in advance, for recurring Subscriptions. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full.
4.3 Third-Party Payment Processors
You agree to pay us, through our payment processors, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. We reserve the right to correct, or to instruct our payment processor to correct, any errors or mistakes, even if payment has already been requested or received.
4.4 Invoice Payment
As a Business Plan subscription holder, if you choose to be invoiced, your Subscription Fee will be invoiced as of the subscription start date when the Seats are activated ("Start Date"). You hereby agree that the Subscription Fee is due as of the invoice date, payable within thirty (30) days of said date and according to the instructions on the invoice.
5. Termination and Cancellation
5.1 Termination
You agree that we may deactivate or terminate your rights to use the Service (including your Account) if we believe that you have breached or acted inconsistently with these Terms, or at any time for any reason at our sole discretion if you are a subscription holder under a Free Plan or a Classrooms Plan. Any such deactivation or termination may be effected without prior notice to you.
5.2 Post-Termination or CancellationUpon termination or expiration your rights under these Terms, your Account and right to access and use the Service will terminate immediately. Termination or expiration may involve deletion of your User Content associated with your Account. Brighter will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.
6. Intellectual Property
6.1 Ownership
Excluding any User Content that you may provide, you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Brighter or Brighter's suppliers ("Proprietary Materials"). Neither these Terms nor your access to the Service transfers to you or any third party any rights, title or interest in or to such Proprietary Materials, except for the limited license described herein. Brighter and its suppliers reserve all rights not granted in these Terms.
6.2 RightsWe represent, warrant, and covenant that: (i) we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms; and (ii) neither the Service, nor the provision or utilization thereof, will infringe, violate, or constitute the unauthorized use or misappropriation of any intellectual property of any third party.
7. User Content
7.1 User Content
User Content means any information and content that a user submits to, or uses with, the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. Brighter is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.
7.2 License
You hereby grant Brighter an irrevocable, non-exclusive, royalty-free and fully-paid-up, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
7.3 RestrictionsYou will not use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, defamatory, false, intentionally misleading, pornographic, obscene, promotes racism, bigotry, hatred, or physical harm of any kind; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations imposed by any third party.
In addition, you agree not to upload, transmit, or distribute computer viruses, send unsolicited advertising or spam, harvest user data without consent, interfere with servers or networks, attempt unauthorized access to the Service, harass other users, or use automated scripts to scrape data from the Service.
You also acknowledge and agree that the Service is not intended to hold any Sensitive Information, including passwords, credit card information, personal health information, social security numbers, or any information subject to HIPAA, PCI DSS, or similar regulations.
7.4 EnforcementWe reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate any Restrictions or any other provision of these Terms. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
7.5 FeedbackIf you provide Brighter with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to Brighter all rights in such Feedback and agree that Brighter will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.
8. Third-Party Links & Ads; Other Users
8.1 Third-Party Links & Ads
The Service may contain links to third-party websites, content and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads"). Such Third-Party Links & Ads are not under the control of Brighter, and Brighter is not responsible for any Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk.
8.2 Other Users
Each Service user is solely responsible for its own User Content. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that Brighter will not be responsible for any loss or damage incurred as the result of any such interactions.
9. Indemnification
You agree to indemnify and hold Brighter (and its officers, employees, and agents) 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 Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. Brighter reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
10. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND BRIGHTER EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
11. Limitation of Liability
11.1 Exclusion of Consequential and Related DamagesTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRIGHTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF BRIGHTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Monetary Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE AMOUNTS PAID TO US BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
11.3 Independent Allocation of Risk
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY BRIGHTER TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
11.4 EU/EEA Consumer RightsNothing in these Terms limits or excludes any rights you have as a consumer under applicable EU law. If you are a consumer resident in the European Union or European Economic Area, mandatory consumer protection provisions of your country of residence may apply, and these Terms shall not affect such rights.
12. Dispute Resolution
12.0 EU/EEA Users — Dispute Resolution
If you are a consumer resident in the European Union or European Economic Area, you may also submit your complaint to the Online Dispute Resolution (ODR) platform of the European Commission, available at: https://ec.europa.eu/consumers/odr. We are not obligated to participate in ODR proceedings but will make reasonable efforts to resolve disputes amicably. Nothing in this Section limits your right to bring proceedings before the competent courts of your country of residence.
12.1 General — Informal ResolutionMost disputes can be resolved informally. Before bringing a formal legal case, please first try contacting our Support Team at info@brighter.rocks. We commit to responding within 14 days and to making reasonable efforts to resolve the matter.
12.2 All Disputes CoveredThe terms "Dispute" and "Disputes" are defined broadly to cover all disputes, complaints, claims, and controversies of any type, including those involving statutory, regulatory, constitutional, contractual, common law, and tax-related rights or remedies, even if those Disputes involve allegations of negligence, fraud, misrepresentation, or other misconduct.
12.3 US and Canada Users — Arbitration
For users located in the United States or Canada: all Disputes which cannot be resolved informally must be resolved through binding individual arbitration or in small claims court only. You and Brighter agree to waive all rights to have claims presented to or decided by a jury. Arbitration will be conducted under the rules of the American Arbitration Association (AAA). To begin an arbitration, the claiming party must send a letter describing the Dispute to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
12.4 Opt-Out Rights (US/Canada)
You have the right to opt out of this arbitration agreement by sending a written notice expressly stating "I opt out of the arbitration requirement" by email to info@brighter.rocks or by certified mail to: Brighter, Czerniakowska street, 174, Warsaw 00-440, Poland, within thirty (30) days after first agreeing to these Terms.
12.5 Mandatory Informal Settlement Process (US/Canada)
Before initiating an arbitration or small claims court case, you and Brighter must first participate in an informal dispute resolution process for at least sixty (60) days. The party asserting any Dispute must send a signed, written statement including their full name, address, email, the date the Dispute arose, an explanation of the dispute, and a proposal for resolving it.
12.6 Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Republic of Poland, without reference to its conflict of law principles. For consumers in the European Union, the mandatory consumer protection laws of your country of residence shall apply in addition to Polish law. Any disputes not subject to arbitration (Section 12.3) shall be submitted to the exclusive jurisdiction of the competent courts of Warsaw, Poland, subject to the mandatory jurisdiction rules applicable to EU consumers.
12.7 Survival
The arbitration agreement will survive and remain in effect even after your relationship with Brighter has ended.
13. Copyright Policy
Brighter respects the intellectual property of others and asks that users of our Service do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users who are repeat infringers of intellectual property rights.
To report copyright infringement, please send written notification to info@brighter.rocks including: your physical or electronic signature; identification of the copyrighted work(s); identification of the infringing material; your contact information; a statement of good faith belief; and a statement of accuracy under penalty of perjury.
14. Federal Government End Use Provision
If You are a U.S. federal government department or agency or contracting on behalf of such department or agency, the Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, licensed to you with only those rights as provided under these Terms.
15. Data Protection and GDPR
15.1 Data Controller
Brighter Analytics (Daria Guseva Brighter Analytics, VAT NIP 7011303570, Czerniakowska street, 174, Warsaw 00-440, Poland) acts as the data controller for personal data collected through the Service.
15.2 Legal Basis for Processing
We process your personal data on the following legal bases: (a) performance of a contract — to provide you with the Service you subscribed to; (b) legitimate interests — to improve our Service, prevent fraud, and ensure security; (c) compliance with legal obligations; and (d) your consent, where explicitly provided.
15.3 Your Rights Under GDPR
If you are located in the European Union or European Economic Area, you have the following rights with respect to your personal data:
• Right of access — request a copy of the personal data we hold about you
• Right to rectification — request correction of inaccurate or incomplete data
• Right to erasure — request deletion of your personal data ("right to be forgotten")
• Right to restriction of processing — request that we limit how we use your data
• Right to data portability — receive your data in a structured, machine-readable format
• Right to object — object to processing based on legitimate interests
• Right to withdraw consent — where processing is based on consent, you may withdraw it at any time
15.4 How to Exercise Your Rights
To exercise any of the rights listed above, please contact us at info@brighter.rocks. We will respond to your request within 30 days. You also have the right to lodge a complaint with your local supervisory authority. In Poland, this is the Urząd Ochrony Danych Osobowych (UODO), ul. Stawki 2, 00-193 Warsaw (www.uodo.gov.pl).
15.5 Data Retention
We retain personal data for as long as your Account is active or as needed to provide you with the Service. We may also retain and use your data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Upon deletion of your Account, we will delete or anonymize your personal data within 90 days, unless we are required by law to retain it longer.
15.6 International Data Transfers
Your personal data may be transferred to and processed in countries outside the European Economic Area. When we transfer data outside the EEA, we ensure that appropriate safeguards are in place in accordance with applicable data protection law, including the use of Standard Contractual Clauses approved by the European Commission.
15.7 Data Processor — Stripe
We use Stripe as our payment processor. Stripe processes payment data as a data processor on our behalf and as an independent data controller for its own purposes. For more information on how Stripe handles your data, please refer to Stripe's Privacy Policy at https://stripe.com/privacy.
16. General
16.1 Changes
These Terms are subject to occasional revision. If we make any substantial changes, we will notify you by sending an e-mail to the last e-mail address you provided to us, and/or by prominently posting notice of the changes in the Service. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes. Continued use of the Service following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the updated terms.
16.2 Export Compliance and Anti-Corruption
The Service may be subject to export control laws. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from Brighter in violation of applicable export laws or regulations.
16.3 Notice
Any notice which may be required to be given under these Terms will be given: (i) to you via e-mail to the e-mail address you maintain in your account settings or by notifying you electronically by displaying the notice in the Service; (ii) to us at info@brighter.rocks or by mail to Czerniakowska street, 174, Warsaw 00-440, Poland.
16.4 Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Service. 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 held to be invalid or unenforceable, the other provisions will be unimpaired and the invalid provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16.5 AssignmentThese Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Brighter's prior written consent. Brighter may freely assign these Terms.
16.6 Copyright/Trademark Information
Copyright © 2026 Brighter. All rights reserved. All trademarks, logos and service marks displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
16.7 EU Right of Withdrawal — Digital Services
In accordance with Article 16(m) of EU Directive 2011/83/EU on consumer rights, by starting your subscription you expressly request that the Service begins immediately upon purchase. You acknowledge that, by exercising this right, you waive your 14-day right of withdrawal under EU consumer law once the digital content delivery has commenced and you have given your prior express consent and acknowledged that you thereby lose your right of withdrawal.
This waiver does not affect your other statutory rights as a consumer under applicable EU law, including your right to a remedy in case of non-conformity of the Service.
16.8 Contact InformationBrighter Analytics
Address: Czerniakowska street, 174, Warsaw 00-440, Poland
Contact: info@brighter.rocks