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Terms of Service

Last Updated: March 2026

Brilliant NextGen, Inc. and its subsidiaries (collectively, "Brilliant") provides: (1) a Brilliant user account website that may be accessed at www.brilliant.tech ("Site"), (2) services accessible through the Site ("Web Apps"), and (3) software that may be downloaded to your computer, smartphone or tablet to access services ("Mobile Apps"), all for use in conjunction with Brilliant hardware products ("Products") and in other ways that Brilliant provides. Some Brilliant Products and Services can be used together or in ways that integrate with products and services from third parties. The term "Services" means the Site, Web Apps, Mobile Apps, and Subscription Services. "Subscription Services" includes Brilliant Max, a paid subscription that unlocks advanced features of the Products and Services, and any other subscription-based services Brilliant may offer.

These Terms of Service ("Terms" or "Agreement") govern your access to and use of the Services and Products. Please read these terms carefully. THEY REQUIRE THE USE OF MANDATORY BINDING ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE FOLLOW THE INSTRUCTIONS IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION BELOW IF YOU WISH TO OPT OUT OF THIS PROVISION. The term "you," as used in these Terms, means any person or entity who accesses or uses the Services or Products and any person or entity who creates an Account (as defined in Section 2(a)) and accepts these Terms, including Owners, Authorized Users (as defined in Section 2(b)), and the parents or guardians of Authorized Users, as applicable (as described in Section 1(b)(ii)). These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. THE DISCLAIMERS, EXCLUSIONS, MANDATORY AND BINDING ARBITRATION, LIMITATIONS OF LIABILITY, INDEMNIFICATION, WAIVER OF JURY TRIAL, WAIVER OF CLASS ACTION AND WAIVER OF PUNITIVE DAMAGES UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.

THESE TERMS ARE A LEGAL AGREEMENT. BY ACCEPTING THESE TERMS THROUGH A SITE, WEB APP OR MOBILE APP, OR BY ACCESSING AND USING THE SERVICES (INCLUDING THE SITES) OR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE SERVICES AND PRODUCTS.

AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC SOFTWARE UPDATE OF THE SERVICES AND OF THE PRODUCTS CONNECTED TO THE SERVICES. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SERVICES AND PRODUCTS.

AS DESCRIBED BELOW, SECTIONS 4 AND 5 DESCRIBE IMPORTANT LIMITATIONS OF THE SERVICES AND PRODUCTS, ESPECIALLY IN CONNECTION WITH LIFE SAFETY AND CRITICAL USES. PLEASE READ THESE DISCLOSURES CAREFULLY, AS YOU ARE ACKNOWLEDGING THEM AND ACCEPTING THEM.

 

 

1. Overview, Eligibility, Customer Service, Term and Termination

(a) Overview and Relation to Other Agreements. These Terms govern your use of the Services and Products. Your purchase of any Product is governed by the limited warranty provided with that Product ("Limited Warranty"). Your use of the Product Software that is embedded on a Product is governed by an End User License Agreement ("EULA"). In the event of a conflict between the Limited Warranty or EULA, on the one hand, and these Terms, on the other, these Terms will control.

(b) Eligibility.

(i) You may use the Services and Products only if you have the legal capacity to form a binding contract with Brilliant (except subject to the provisions of clause (1)(b)(ii) below), you accept these Terms, and you are not barred from receiving the Services under applicable law.

(ii) If you are an Authorized User (as defined below), you represent and warrant that you are over the age of 13 (or equivalent minimum age in the jurisdiction where you reside), and in the event you are between the ages of 13 and 18 (or the equivalent minimum age in the jurisdiction where you reside), that your parent or guardian has reviewed and agreed to these Terms.

(c) Customer Service. If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact Brilliant. You understand and agree that customer service and any customer service representatives of Brilliant are subject to these Terms in their communications with you.

(d) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services or Products, or until terminated in accordance with the provisions of these Terms. If you have an active Brilliant Max subscription and you cancel it, your subscription access will continue through the end of the then-current paid billing period. Access to Brilliant Max features will end when that period expires. You may terminate your Account at any time by contacting Brilliant at support@brilliant.tech. Brilliant may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Without limiting the foregoing, Brilliant may terminate or suspend your access to the Services if you breach these Terms.

(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.

 

 

2. Accounts

(a) Your Account. To use the Services and certain Products, you must register for a user account ("Account") and provide certain information about yourself as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Services. Brilliant may suspend or terminate your Account in accordance with Section 1(d).

(b) The individual who creates an Account is the "Owner" of that Account and is the Owner of the Products associated with that Account. Individuals who are authorized to access an Owner's Products and Services are "Authorized Users." The Owner is responsible for ensuring that all Authorized Users comply with these Terms and that all activities that occur under that Account comply with these Terms. The Owner is responsible for maintaining the confidentiality of login credentials for the Account. By providing Brilliant your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.

 

 

3. Access to Services

(a) Access and Use. Subject to these Terms, Brilliant grants you a non-transferable, non-exclusive right (without the right to sublicense) to access and use the Services by (i) using the Web Apps in accordance with these Terms and the applicable documentation; and (ii) downloading and using the Mobile Apps on a mobile device owned or controlled by you, in each case solely in accordance with the applicable documentation. Some features of the Services, including those provided through Brilliant Max, require an active paid Brilliant Max subscription. Access to subscription-gated features will not be available without a current active subscription.

(b) Automatic Software Updates. Brilliant may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software ("Updates"). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to stop using the Services and Products. If you do not cease using the Services and Products, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Products and the Product Software and you agree to promptly install any Updates Brilliant provides. Your continued use of the Services and Products is your agreement to these Terms.

(c) Brilliant-provided interface to Third-Party Products and Services. Over time, Brilliant may provide the opportunity for you to interface the Products and Services to one or more third-party products or services ("Third-Party Products and Services") through the Services. To interface to Third-Party Products and Services, you may be required to agree to additional terms of service with us and/or such third parties. Some Third-Party Products and Services may only be available to you if you have an active Brilliant Max subscription.

(d) Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations ("Content"). The Content also includes any information provided by other users of the Services. Some of this Content is provided by Brilliant ("Brilliant Content") and some is provided by third parties. Brilliant Content is owned by or licensed to Brilliant.

(e) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive website, product, or service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

(f) Open Source. Certain items of independent, third party code may be included in the Web Apps and/or Mobile Apps that are subject to the GNU General Public License ("GPL") or other open source licenses ("Open Source Software"). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software.

(g) Privacy. Please review the Privacy Policy for Brilliant Web Sites and the Privacy Statement for Brilliant Products and Services. These documents describe practices regarding the information that Brilliant collects, uses, and shares in connection with your use of the Services and Products.

(h) Security. Brilliant cares about the integrity and security of your personal information. However, Brilliant cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

(i) Modification. Brilliant reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Brilliant will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

(j) Access Outside Certain Countries. Although the Sites may be accessible worldwide, the Products and Services provided or accessed through or on the Sites are not available to all persons or in all geographic locations. Brilliant reserves the right to limit, in its sole discretion, the provision and quantity of any feature or product to any person or geographic area.

 

 

4. Agreed Usage and Limitations of Brilliant Services and Products

(a) Intended Use of Brilliant Services. The Services are intended to be accessed and used for non-time-critical information and control of Brilliant Products. While we aim for the Services to be highly reliable, they are not intended to be used in any situation where an error or failure could lead to risk of injury to people or animals, or could lead to physical, financial, or other harm.

(b) No Life-Safety or Critical Uses of the Products and Services. You acknowledge and agree that the Products and Services, whether standing alone or when interfaced with Third-Party Products or Services, are not a certified emergency response service. THE PRODUCTS AND SERVICES DO NOT REPLACE ANY EMERGENCY RESPONSE SERVICES. IF YOU HAVE AN EMERGENCY, PLEASE CALL 911 OR YOUR LOCAL EMERGENCY NUMBER.

(c) Reliability of Services. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services also depends on factors outside of Brilliant's control as described in Section 5.

(d) Service Interruptions; no refund or rebate. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that Brilliant will not be liable for any inconvenience, loss or damage resulting from any such service interruption.

(e) System Requirements. The Services will not be accessible without: (i) a working Wi-Fi network in your home that is positioned to communicate reliably with the Products; (ii) an Account; (iii) an email address; and (iv) the required hardware and software.

(f) The Services provide you information ("Product Information") regarding the Products in your home and their connection with other products and services. All Product Information is provided "AS IS" and "AS AVAILABLE". We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information in the home.

(g) All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which (or from whose account) such Content originated and Brilliant will not be liable for any errors or omissions in any Content.

(h) You warrant, represent and agree that you will not contribute any Content or otherwise use the Services or Products in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity; (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; or (vii) in Brilliant's sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Brilliant or its users to any harm or liability of any type.

(i) Data protection and privacy laws where you live may impose certain responsibilities on you and your use of the Products and Services. You agree that you (and not Brilliant) are responsible for ensuring that you comply with any applicable laws when you use the Products and Services, including laws applicable to the collection of data from third parties such as cameras, contact lists, location data, and the like.

(j) Installation, test and use. It is your responsibility to install and use the Products and Services pursuant to the applicable manual and instructions. IF A PRODUCT IS NOT PROPERLY INSTALLED, OR IF YOU DO NOT PROPERLY TEST OR USE A PRODUCT, THE PRODUCT MAY NOT OPERATE AS INTENDED.

(k) Smart device standards/use only Brilliant Certified Third-Party Products or Services. The Products may use various open or commonly available standards or means to communicate and work with smart devices in your home. Brilliant does not warrant, however, that Products and Services will work with all devices that use such standards or means. Brilliant recommends using only Third-Party Products and Services that have been certified by Brilliant for use with the Products and Services ("Brilliant Certified Products and Services").

(l) The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

 

5. Limitations Of Brilliant Services Due to Third Parties

(a) General. Brilliant Services rely on or interoperate with third party products and services. These third-party products and services are beyond Brilliant's control, but their operation may impact or be impacted by the use and reliability of the Services.

(b) Third Party Service Providers Used by Brilliant. You acknowledge that Brilliant uses third party service providers to enable some aspects of the Services, such as, for example, data storage, synchronization, and push notifications. Brilliant cannot guarantee the availability or reliability of those third party service providers.

(c) Equipment, ISP, and Carrier. You acknowledge that the availability of the Services is dependent on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection, and other related equipment ("Equipment"); (ii) your Internet service provider ("ISP") or the carrier for your mobile device ("Carrier"); and (iii) the availability of service from your ISP or Carrier and the coverage level provided. Brilliant is not responsible for Equipment, your ISP, your Carrier, or any service interruptions or outages associated with any of them.

(d) App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third-party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google. You acknowledge that these Terms are between you and Brilliant and not with any such third-party app store. Each such third-party app store may have its own terms and conditions to which you must agree before downloading the Mobile Apps from it.

(e) Third Party Website Links and Referrals. The Sites may contain links to other web sites operated by third parties ("Third Party Sites") and referrals to third party vendors ("Referred Vendors"). Such Third Party Sites and Referred Vendors are not under the control of Brilliant. Brilliant is not responsible for Third Party Sites and Referred Vendors and does not endorse any Third Party Sites or Referred Vendors.

(f) Authorized Users. Brilliant is not responsible for any Authorized User's behavior, or for any personal injury, death, property damage (including, without limitation, to your home), or other harm or losses you or others may suffer arising from any Authorized User's actions or inactions.

(g) Release Regarding Third Parties. Brilliant is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products and Services, Third Party Sites, or Referred Vendors, and you release Brilliant from all liability associated with any third parties, their products and services, and any interactions you may have with them.

 

 

6. Ownership and Intellectual Property

(a) Brilliant Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Product, Product Software, and Services and their content are owned by Brilliant or Brilliant's suppliers. Neither these Terms (nor your access to the Services or Products) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3(a). Brilliant and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

You may only copy parts of the Services (including this Site) on to your own computer for your own personal use. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website, without the written consent of Brilliant.

(b) Feedback. You may choose to, or Brilliant may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Brilliant under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

(c) User Submissions. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, modify or otherwise use your User Submissions in connection with providing the Services to you. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Submissions.

 

 

7. INDEMNITY FOR THIRD PARTY ACTIONS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD BRILLIANT AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY THE "BRILLIANT PARTIES") HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR ACCESS TO OR USE OF THE SERVICES OR PRODUCTS, (B) YOUR VIOLATION OF THESE TERMS, (C) YOUR USER SUBMISSIONS, OR (D) YOUR VIOLATION OF ANY THIRD PARTY RIGHT.

 

 

8. Warranty Disclaimer

(a) THE WARRANTY FOR THE PRODUCT AND PRODUCT SOFTWARE ARE SET FORTH IN THE LIMITED WARRANTY AND THE EULA, RESPECTIVELY.

(b) THE SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE" AND BRILLIANT AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM 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.

(c) BRILLIANT AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE.

(d) BRILLIANT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PRODUCTS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY PRODUCTS AND SERVICES, APP STORES, OR REFERRED VENDORS) AND BRILLIANT WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

(e) BRILLIANT MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND BRILLIANT WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES.

(f) THE SERVICES MAY PROVIDE YOU INFORMATION REGARDING YOUR PRODUCTS ("PRODUCT INFORMATION") OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS ("PRODUCT PERIPHERALS"). THE TYPE OF PRODUCT PERIPHERALS THAT CAN WORK WITH THE PRODUCTS MAY CHANGE OVER TIME. BRILLIANT DOES NOT WARRANT THAT PRODUCT INFORMATION ABOUT YOUR PRODUCT PERIPHERALS WILL BE ACCURATE OR UP-TO-DATE, OR THAT THE PRODUCT PERIPHERALS WILL CONTINUE TO WORK WITH THE PRODUCTS.

 

 

9. Other Disclaimers

(a) WHEN YOU INSTALL, SETUP OR USE THE PRODUCTS AND SERVICES YOU ARE GIVEN THE OPPORTUNITY TO CHANGE DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE NON-RECOMMENDED OR UNINTENDED EFFECTS WITH RESPECT TO SUCH THINGS AS YOUR HVAC EQUIPMENT AND ENERGY USAGE. BRILLIANT DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY SUCH CHOICES OR THEIR EFFECTS.

(b) YOU UNDERSTAND AND AGREE THAT SOME OF THE PRODUCTS AND SERVICES ARE NOTIFICATION, SIGNALING AND DETECTION PRODUCTS AND SERVICES. THOSE PRODUCTS AND SERVICES DO NOT ELIMINATE OCCURRENCES OF EVENTS, SUCH AS MOTION, SOUND, LIGHT LEVEL CHANGES OR OTHER EVENTS THAT MAY TRIGGER NOTIFICATIONS. THEY DO NOT GUARANTEE THAT YOU WILL RECEIVE A NOTIFICATION OR BE ABLE TO ACCESS THE SERVICES IN TIME TO RESPOND TO OR AVERT ANY PARTICULAR INCIDENT.

 

 

10. Waiver of Subrogation

You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE YOUR RIGHTS AND YOUR INSURANCE CARRIER'S RIGHTS, IF ANY, OF SUBROGATION AGAINST BRILLIANT.

 

 

11. LIMITATION OF LIABILITY

Nothing in these Terms and in particular within this "Limitation of Liability" section shall be interpreted or construed to limit or exclude liability that cannot be so limited or excluded under applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS, IN NO EVENT WILL (A) BRILLIANT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY LOSS OF DATA, LOSS OF REVENUE, BUSINESS INTERRUPTION, OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICES, PRODUCTS, OR PRODUCT SOFTWARE, EVEN IF BRILLIANT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) BRILLIANT'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, PRODUCTS, AND PRODUCT SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO BRILLIANT FOR THE SERVICES IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. BRILLIANT DISCLAIMS ALL LIABILITY OF ANY KIND OF BRILLIANT'S LICENSORS AND SUPPLIERS.


YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY IN THIS SECTION 11 SHALL APPLY EVEN IF BRILLIANT IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.

 

 

12. Brilliant Max Subscription

(a) Brilliant Max Overview. Brilliant Max is a paid subscription service that unlocks advanced features of Brilliant Products and Services, including but not limited to Modes. Brilliant Max is available on a monthly or annual basis. Current subscription fees are displayed at the time of purchase and in your account settings.

(b) Free Trial. Brilliant may offer a free trial period for Brilliant Max ("Trial Period"). A valid credit card is required to start a Trial Period. Your card will not be charged during the Trial Period. Unless you cancel before the Trial Period ends, your subscription will automatically convert to a paid subscription at the end of the Trial Period and your card will be charged the applicable subscription fee.

(c) Auto-Renewal. YOUR BRILLIANT MAX SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD (MONTHLY OR ANNUAL, AS APPLICABLE) UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. YOUR PAYMENT METHOD ON FILE WILL BE CHARGED THE THEN-CURRENT SUBSCRIPTION FEE AT THE START OF EACH RENEWAL PERIOD. YOU MAY CANCEL AT ANY TIME THROUGH YOUR ACCOUNT SETTINGS.

(d) Cancellation Policy. You may cancel your Brilliant Max subscription at any time through your account settings. Cancellation stops renewal at the end of the current paid billing period. You will retain access to Brilliant Max features through the end of the period for which you have already paid. No refunds are issued for any unused portion of a subscription period, including on annual subscriptions. Brilliant Max features will become unavailable when your paid period ends.

(e) Bundled Hardware and Promotional Offers. From time to time, Brilliant may offer bundled hardware, credits, or other incentives with Brilliant Max. Any such items are subject to program-specific terms communicated at the time of the offer. Brilliant is not responsible for the performance, compatibility, or safety of any third-party devices provided in connection with a subscription.

(f) Price Changes. Brilliant reserves the right to change the price of Brilliant Max at any time. If Brilliant changes the subscription price, Brilliant will provide you at least 30 days advance notice before the change takes effect. Your continued use of Brilliant Max after the price change takes effect constitutes your agreement to pay the updated price. If you do not agree to a price change, you must cancel your subscription before the change takes effect.

(g) Payment Processing. Subscription payments are processed by Stripe, Inc. By subscribing to Brilliant Max, you authorize Stripe to charge your payment method on the billing schedule applicable to your subscription. If a payment fails, Brilliant will notify you and may retry the charge. If payment is not received within a reasonable grace period, Brilliant may suspend your access to Brilliant Max features until payment is resolved.

(h) Pro-Managed Subscriptions. If your Brilliant home has been enrolled in a Brilliant Pro partner's ProView account, your subscription may be managed and billed through that Pro partner rather than directly by Brilliant. In that case, the terms of your agreement with the Pro partner govern billing, cancellation, and refund rights for your subscription. Brilliant's Pro Partner Agreement governs the Pro partner's responsibilities regarding your home and data.

(i) Premium Support. Certain Brilliant Max plans may include advanced support features, as described at the time of purchase. Where advanced support is included, Brilliant will use commercially reasonable efforts to provide an initial response to support requests within twelve (12) business hours of receipt. This timeframe refers only to Brilliant's initial response to a request and does not represent or guarantee any timeframe for resolving an issue. Response times may be longer for requests that have been escalated beyond first-tier (Tier 1) support. Advanced support may also include a Wi-Fi analysis, under which Brilliant reviews available information about your home network and provides recommendations on possible enhancements based on its findings; a Wi-Fi analysis consists of recommendations only and does not include Wi-Fi setup, installation, or configuration services. Where a plan includes a dedicated support agent, Brilliant will endeavor to provide a single point of contact for your support requests while that agent is available, and when your assigned agent is unavailable, any available support agent may be assigned to assist you. Advanced support features are provided on an as-available basis and remain subject to the disclaimers and limitations of liability set forth in these Terms.

 

 

13. DISPUTE RESOLUTION AND ARBITRATION / CLASS ACTION WAIVER / JURY TRIAL WAIVER / WAIVER OF PUNITIVE DAMAGES

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

(a) Arbitration. Brilliant and you agree to arbitrate all disputes and claims that arise from or relate to these Terms or the Services or Products in any way, except for claims arising from bodily injury, and claims that are required by law to be resolved in a specific manner (such as workers' compensation claims). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us that is created by or involves these Terms or the Services or Products, regardless of the legal theory;

  • claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;

  • claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Services or Products or the process for seeking approval to use the Services or Products);

  • claims that may arise after the termination of your use of the Services or Products or any agreement between us; and

  • claims brought by or against our respective subsidiaries, parent companies, members, affiliates, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of any of the above.

This arbitration agreement does not preclude either of us from bringing an individualized action in small claims court. It also does not preclude either of us from seeking an individualized preliminary injunction or temporary restraining order, pending arbitration, in any court that has jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT WE ARE EACH (A) WAIVING THE RIGHT TO A TRIAL BY JURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (C) WAIVING THE RIGHT TO SEEK PUNITIVE DAMAGES IN CONNECTION WITH ANY DISPUTE WITH BRILLIANT.

(b) Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to Brilliant should be sent to: Brilliant Legal Department, 28 E 3rd Avenue, Suite 200, San Mateo, CA 94401.

(c) Arbitration procedures. The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. Unless Brilliant and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.

(d) Costs of arbitration. The AAA's fee schedule is subject to change and may be found in the AAA Rules. Brilliant will pay all AAA filing, administration, and arbitrator fees for any arbitration Brilliant initiates. If you initiate arbitration, you will be responsible for the filing fee, but Brilliant will pay all other AAA administration and arbitrator fees unless the AAA Rules require you to pay more.

(e) NO CLASS ARBITRATION. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THESE TERMS WILL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THESE TERMS, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE.

(f) 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify Brilliant in writing within 30 days of the date that you first agreed to these Terms. Such notification must include: (a) your name, (b) your Brilliant account number, (c) your mailing address, and (d) a statement that you do not wish to resolve disputes with Brilliant through arbitration. If you do not notify Brilliant in accordance with this paragraph, you will be deemed to have agreed to arbitrate disputes in accordance with these Terms.

(g) Future changes to arbitration provision. If Brilliant makes any changes to the Dispute Resolution and Arbitration section of these Terms (other than a change to the address at which Brilliant will receive notices or rejections of future changes to this provision), you may reject any such change by sending us written notice within 30 days of the change to: Brilliant Legal Department, 28 E 3rd Avenue, Suite 200, San Mateo, CA 94401. It is not necessary to send us a rejection of a future change to this provision if you had properly opted out of the arbitration and class-action waiver provisions in this section within the first 30 days after you first agreed to these Terms.

 

 

14. Digital Millennium Copyright Act

(a) If you are a copyright owner or an agent thereof and believe that any Content 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: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) 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 (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

(b) Brilliant's designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent - Attention Legal, 155 Bovet Rd Suite 500, San Mateo, CA 94402. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Brilliant customer service through support@brilliant.tech.

(c) Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice to the Copyright Agent containing the following information: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Mateo County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

(d) If a counter-notice is received by the Copyright Agent, Brilliant may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Brilliant's sole discretion.

 

 

15. General

(a) Changes to these Terms. Brilliant reserves the right to make changes to these Terms. Brilliant will post notice of changes to any one or more of the following: this page, a Site, Web Apps, or Mobile Apps. Changes take effect upon posting. Your continued use of the Services or Products after any change is effective constitutes your acceptance of the changed Terms.

(b) Governing Law. These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Products and Services shall be governed by the laws of the State of California without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. The courts in some countries will not apply California law to some types of disputes. If you reside in one of those countries, then where California law is excluded from applying, your country's laws will apply to such disputes related to these Terms.

(c) Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Brilliant may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.

(d) Entire Agreement/Severability. These Terms constitute the entire agreement between you and Brilliant regarding the use of the Services and purchase of the Products. Any failure by Brilliant to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

(e) Survivability. The obligations in Sections 3(d) and (e), 4, 6-11, 13, and 15 will survive any expiration or termination of these Terms.

(f) Assignment. These Terms, and any associated rights or obligations, may not be assigned or otherwise transferred by you without Brilliant's prior written consent. These Terms may be assigned by Brilliant without restriction. Any attempted assignment in violation of this Section shall be void.

(g) Notifications. Brilliant may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, mobile push notifications, or posting such notice on any portion of the Services.

(h) Disclosures. Please see Brilliant's website for Brilliant's address. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

(i) Copyright/Trademark Information. All trademarks, logos, and service marks ("Marks") displayed on the Services are the property of Brilliant or of their respective holders. You are not permitted to use these Marks without the prior written consent of Brilliant or such third party which may own the Mark.