Terms of Use

Last updated July 11, 2023

Acceptance of the Terms of Use

The following terms and conditions, together with our Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of our website at www.brightmachines.com (our “Website”). In these Terms of Use, we may refer to of Bright Machines, Inc. by terms such as “the Company,” ”we”, “us” or “our”, and we may refer to you, the visitor to our Website, as “you” or “your.”

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use including our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Privacy

We respect your privacy when browsing our website. We have developed a Privacy Policy in order to inform you of our practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into these Terms of Use, by clicking here.

Reliance on Information Posted
All reasonable efforts have been made to include accurate and up-to-date information on this Website.  We do not warrant the accuracy, completeness, timeliness or usefulness of any information offered on or through this Website. Any reliance you place on such information is strictly at your own risk. All such information is provided “as is” without warranty of any kind. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Trademarks

BRIGHT MACHINES and the Bright Machines logo are trademarks of Bright Machines, Inc. under U.S. and international law. You must not use such marks without our prior written permission. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.  Any other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Other Intellectual Property Rights

The Website and its contents, features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website only for personal, non-commercial purposes and in compliance with these Terms of Use and all international, federal, state and local laws. You must not use, reproduce, distribute, reverse engineer, modify, copy, create derivative works of, publicly display, publicly perform, republish, download, store, adapt, frame, link, rent, lease, loan, sell, license, transmit or in any way exploit the content of our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to each of your computers or mobile devices solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website. 
  • Access, attempt to access, or assist or enable others to access the Website through any automated means (including use of scripts, web crawlers, harvesting bots, robots, spiders, or scrapers).

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

No right, title or interest in or to the Website or any content on the Website is transferred to you. All rights not expressly granted are reserved to the Company.

Copyright and Copyright Infringement Notice

All content that is made available to view and/or download in connection with the Website, is owned by and is the copyrighted work of Bright Machines, Inc. and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Site is the exclusive property of Bright Machines, Inc. and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Bright Machines, Inc. and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Copyright Infringement Notice.  If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.

Linking to the Website

You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the content on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links to Third Party Sites

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

No Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and technology to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOU ASSUME THE SOLE AND COMPLETE RISK OF USING THE WEBSITE,  ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER BRIGHT MACHINES, INC. NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

IN NO EVENT WILL BRIGHT MACHINES, INC., ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “BRIGHT MACHINES, INC. PARTIES” 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE OR ANY HYPERLINKED SITE, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, THE LIABILITY OF THE RANA PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS PARAGRAPH WILL ONLY APPLY IF A COURT WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE OR TO OTHERWISE VIOLATES APPLICABLE LAWS. 

WAIVER AND RELEASE OF LIABILITY

BY USING THE WEBSITE, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE SITE; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE BRIGHT MACHINES, INC. PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST BRIGHT MACHINES, INC. FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE BRIGHT MACHINES, INC. PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Bright Machines, Inc., its affiliates, licensors and service providers, and 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 of Use, your use of the Website, including your use of any information obtained from the Website or your violation of any law or the rights of a third party, including, but not limited to infringement of any intellectual property or privacy right of any third party.

The foregoing indemnity obligations will survive any termination of the Terms of Use.  This indemnification provision shall apply to third party claims as well as claims between you and the Bright Machines, Inc. Parties under these Terms of Use. Bright Machines, Inc. 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. You agree not to settle any matter without the prior written consent of Bright Machines, Inc.  Bright Machines, Inc. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. 

Termination

We may terminate or suspend your access to the Website and/or prohibit you from using or accessing the Website (or any portion, aspect or feature of the Website) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately.  In the event of termination, you will still be bound by your obligations under these Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.

Access Restriction

You must be at least 18 years of age to transact any business with Bright Machines, Inc. or to submit any personal information to us. As such, if you transact or attempt to transact any business with Bright Machines, Inc. or submit or attempt to submit any personal information to Bright Machines, Inc., YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE BRIGHT MACHINES, INC. WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. 

Governing Law; General Information

These Terms of Use, the Website, and all activities available on and through the Website, are governed by the laws of the United States of America and the laws of the State of California and shall be submitted to a state or federal court in the State of California, including but not limited to the courts in San Francisco, California, U.S.A., and you irrevocably consent to exclusive jurisdiction and venue in such courts. We do not represent that materials on the Website are appropriate or available for use in other locations or that we comply with the local law of such other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Applicable Law section.

You agree that the laws of the State of California, excluding its conflict of laws rules, and these Terms of Use, our Privacy Policy and any other policies posted from time to time on the Site applicable to your use of the Website shall govern your use of the Website. Please note that your use of the Website may be subject to other local, state, national, and international laws. 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Bright Machines, Inc. as a result of this agreement or use of the Website. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right of ours. 

Entire Agreement

These Terms of Use, our Privacy Policy and any other policies, including our Cloud Terms of Use (if applicable), posted by us on this Website constitutes the entire agreement and understanding between you and us with respect to the Website and supersedes all prior or contemporaneous communications and understandings (whether oral, written or electronic) between you and us with respect to those matters (including, but not limited to, any prior versions of the Terms of Use).

Changes to Our Website

We reserve the right to modify or discontinue this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Website, or the entire Website.

Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. Please check this page from time to time so you are aware of any changes, as they are binding on you upon posting.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints about this Website to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding these Terms of Use or any information provided on this site. You may contact us at:

[email protected]

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