Terms & Conditions
Last Updated November 12, 2022
Please read these Terms carefully before using www.brighterhelp.com ("Website") and applications available on our Website or the www.brighterhelp.com (the "Website") and applications available on our Website or the Zendesk Marketplace ("Services") operated by Brighter Help LLC ("Brighter Help", "us", "we", or “our").
Your access to and use of our Website and Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and customers (“You”) who access or use our Website and Services.
1. CHANGES TO TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is substantial, we will try to provide at least 14 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
2. CHANGES TO OUR SERVICES
We may implement changes to or discontinue any feature of our Services at any time. This includes, but is not limited to, availability, access, and performance of our Services. If we make material changes that negatively impact your use of our Services or if we stop offering a service, we’ll provide you with reasonable advance notice and will provide a refund of any prepaid amounts.
Subject to the conditions of this Agreement, during the term we grant you a non-exclusive, limited, non-transferable license to access and use the Services. You may not distribute, sell, or lease any part of our services or software.
4. USER CONDUCT
The following terms apply to your conduct when accessing or using our Services: (a) you agree not to interfere with or disrupt websites, servers, or networks connected to our Services, or disobey any requirements, policies or regulations of networks connected to our Services; (b) you agree not to duplicate, modify, disassemble, decompile, reverse engineer, or use other methods to derive the source code or technical design used to build our Services; (c) you agree not to repurpose, combine, or create derivative works of our Services for any commercial purpose.
We may terminate these Terms at any time without notice to you. We reserve the right to immediately terminate your access to our Services in the event of any conduct by you which we, in our sole discretion, deem to be unacceptable or violates these Terms. Provisions 2 to 11 of these Terms shall survive upon termination.
Other than as set forth herein: (i) we retain all right, title and interest in and to the Services, including without limitation, all intellectual property and proprietary rights related to the same and (ii) we do not receive any rights, title or interest in or to your Data. “Your Data” refers to any and all information: (a) that you or your representatives input into the Services or (b) is accessible to us as a result of your use of the Services.
7. REPRESENTATIONS AND WARRANTIES
We represent and warrant that (i) the Services (including all software and technology related thereto) and the provision thereof do not and will not infringe or violate any third-party rights, including intellectual property rights, proprietary rights, contract rights, trade secrets or any other third party right and (ii) we shall take all necessary and industry-standard precautions to ensure the security of the Services and your Data, including protecting the Services and your Data from viruses, worms, Trojan horses, malware, and other harmful malicious or destructive content.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY FORM, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, OR COMPUTER FAILURE, FOR ANY MATTER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES AND/OR THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
EACH PARTY’S LIABILITY TO THE OTHER PARTY AND ITS AFFILIATES FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR ANY OF OUR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO WHEN THE LIABILITY ARISES.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO INDEMNIFICATION OBLIGATIONS OR CLAIMS ARISING FROM A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR INTENTIONAL BREACH.
Except to the extent caused by the other party’s actions, each party agrees to indemnify the other party for all claims, losses and expenses, including legal fees, that directly arise as a result of the indemnifying party’s material breach of this Agreement.
10. LINKS TO OTHER WEBSITES AND SERVICES
Our Service may contain links to Zendesk or other third-party websites and services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
11. CONTACT US
If you have any questions about these Terms, please contact us here.