Terms of Service

Last Updated: July 17, 2026

BrightLake is owned and operated by BrightLake International Inc. and its affiliated entities (collectively, "we", "us", or "our").

These Terms of Service (the "Terms") govern your access to and use of BrightLake's products and services (the "Service"), together with any additional agreements, policies, guidelines, or documentation referenced herein or otherwise made available by BrightLake from time to time.

Certain features or components of the Service may be subject to additional or supplemental terms, service-specific agreements, usage policies, order forms, including a Data Processing Addendum ("DPA"). In the event of a conflict between these Terms and the DPA, the DPA shall control solely with respect to the processing of Personal Data.

All such terms, policies, and agreements are incorporated into these Terms by reference and form an integral part of the contractual relationship between you and BrightLake, with the same legal force and effect as these Terms.

BrightLake's collection and use of personal information in connection with the Services are described in the BrightLake Privacy Policy, which is incorporated into these Terms by reference.

PLEASE READ THESE TERMS AND ALL INCORPORATED AGREEMENTS CAREFULLY. BY ACCESSING OR USING THE SERVICES, OR BY INDICATING YOUR ACCEPTANCE THROUGH A CLICK-THROUGH, CHECKBOX, OR SIMILAR MECHANISM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL INCORPORATED AGREEMENTS, AND YOU ARE NOT BARRED FROM USING THE SERVICES UNDER THE LAWS OF YOUR PLACE OF RESIDENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICE.

1. Definitions

1.1 "Account Administrator" means one or more administrators with authority to manage such accounts.

1.2 "Advertising Data" means performance-related data, metrics, analytics, and reports made available in connection with advertising campaigns, including campaign delivery, engagement, attribution, conversion data, bid information, keyword data, creative metadata, budget information, and related analytics made available through Third-Party Platforms or processed through the Service. Advertising Data is generally business or platform-provided data and is not intended to include Personal Data unless expressly made available by Customer or a Third-Party Platform.

1.3 "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity, where "control" means direct or indirect ownership of more than 50% of the voting interests of the subject entity.

1.4 "Agreement" means these Terms of Service, the Privacy Policy, and any other policies referenced herein.

1.5 "AI-Powered Features" means the artificial intelligence and machine learning capabilities provided as part of the Services that process and analyze Customer Data and user inputs to generate outputs, including automated insights, recommendations, analytics, reports, and forecasts.

1.6 "Apple Ads" or "Apple Ads Services" means Apple Advertising Services. The scope, features, and functionality of Apple Ads Services are governed solely by Apple Advertising Services Terms of Service, as may be updated by Apple. For the avoidance of doubt, BrightLake does not define, control, or operate Apple Ads or Apple Ads Services.

1.7 "Applicable Data Protection Laws" means all data protection and privacy laws and regulations applicable to the processing of Personal Data under these Terms and the DPA, including, where applicable, the GDPR, the UK GDPR, and U.S. state privacy laws such as the CCPA.

1.8 "Authorized User" means any individual authorized by Customer to access and use the Service on behalf of Customer.

1.9 "CCPA" means the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 et seq.), as amended by the California Privacy Rights Act of 2020, and any binding regulations promulgated thereunder.

1.10 "Customer" or "You" means the individual or entity that has agreed to these Terms and is using the Service.

1.11 "Customer Data" means any data, content, or information submitted to, stored in, transmitted to, connected with, or processed through the Service by Customer or Authorized Users, including Advertising Data, campaign data, performance metrics, MMP-derived non-user-level data, creative assets, market intelligence queries, AI prompts, AI outputs, tool calls, and related business information. Customer Data may include Personal Data only to the extent such data relates to an identified or identifiable natural person.

1.12 "DPA" means the data processing addendum entered between Customer and BrightLake, as incorporated by reference into these Terms, which governs the processing of Personal Data on behalf of Customer in accordance with applicable data protection laws.

1.13 "GDPR" means the EU General Data Protection Regulation.

1.14 "Intellectual Property Rights" means patents, patent applications, rights to inventions, copyrights and related rights, moral rights, data rights and database rights, rights to software code, domain names, trademarks, logos, and trade names, rights to goodwill and protection against passing off, design rights, rights to confidential information, trade secrets, and any other intellectual property rights, whether registered or unregistered, including all applications (and rights to apply) for such rights, renewals, and extensions, as well as rights to claim priority from such rights, and all similar or equivalent rights and forms of protection that exist now or in the future anywhere in the world.

1.15 "MMPs" means mobile measurement providers; third party platforms interact with various marketing channels independently to measure app downloads and monitor post-install events.

1.16 "Personal Data" means any information relating to an identified or identifiable natural person that is included in Customer Data and processed by BrightLake on behalf of Customer.

1.17 "Processing" means any operation or set of operations performed on Customer Data or Personal Data, whether or not by automated means, such as collection, access, use, storage, transmission, analysis, or deletion, as defined under Applicable Data Protection Laws.

1.18 "Service" means BrightLake, including the web application, APIs, AI-powered features, analytics tools, and any related services provided by BrightLake.

1.19 "Third-Party AI Providers" means third-party artificial intelligence and machine learning service providers, including large language model providers, embedding model providers, and related AI infrastructure providers, that BrightLake uses to provide AI-Powered Features.

1.20 "Third-Party Account" means the third-party platforms, including Apple Ads and MMPs, where you maintain an account.

1.21 "Third-Party Platforms" means external platforms, services, application programming interfaces, or data sources that are not owned or controlled by BrightLake and that are integrated with, accessed through, or used in connection with the Service, including, without limitation, Apple Ads Services, MMPs, customer-authorized advertising or measurement platforms, and third-party market, app, keyword, creative, or competitive intelligence data providers.

2. Account Registration and Eligibility

2.1 Eligibility. The Services are intended for use by adults only. You must be at least eighteen (18) years of age, or the age of majority under applicable law in your jurisdiction, and have the legal capacity to enter into binding contracts in order to access or use the Services.

If you access or use the Services on behalf of an organization or other legal entity, you represent and warrant that you have the authority to bind such organization or entity to these Terms, and that such organization or entity agrees to be bound by these Terms. We are not liable for any damages that may result from any user’s misrepresentation of age.

2.2 Account Registration. To access and use the Services, you may be required to create an account and provide certain information as requested during the registration or onboarding process.

You agree to provide information that is true, accurate, current, lawful, and complete, and to keep such information up to date. Otherwise, BrightLake reserves the right to refuse registration, or to suspend or restrict access to the Service, in whole or in part, if any information you provide, or if BrightLake has reasonable grounds to believe that such information is inaccurate, untrue, incomplete, unlawful, or violates BrightLake policies.

2.3 Account Security. You are solely responsible for maintaining the confidentiality and security of your account credentials, including usernames, passwords, and access keys, and for all activities conducted through your account.

You agree to promptly notify BrightLake of any actual or suspected unauthorized access to or use of your account. Upon receiving such notice, BrightLake may, at its discretion, take reasonable and commercially practicable measures to assist in securing the account. Any such assistance is provided on a best-effort basis only, and BrightLake does not guarantee that it can prevent unauthorized access, recover the account, or mitigate any resulting losses.

Except as otherwise required by applicable law, BrightLake shall not be responsible or liable for any loss, damage, or harm arising from your failure to maintain account security or from unauthorized access to your account.

2.4 Multi-User Accounts and Authorized User. For enterprise accounts that permit access by multiple Authorized Users, you are responsible for designating one or more Account Administrators to manage Authorized User access to the Service, including adding, removing, or modifying permissions, and for ensuring that all Authorized Users comply with these Terms and any applicable policies.
You are responsible for all activities conducted by Authorized Users under your enterprise account and for ensuring that all Authorized Users are informed of and comply with applicable obligations under these Terms. Any act or omission by an Authorized User that would constitute a breach of these Terms if performed by you will be deemed a breach of these Terms by you, and you remain responsible for all use of the Service by Authorized Users associated with your enterprise account.

3. Service Description and Scope

3.1 Service Overview. BrightLake provides a business-to-business, AI-powered advertising and analytics management platform designed to enable customers to manage, analyze, and optimize their advertising activities. Through the Service, customers may, subject to these Terms:

  1. Connect and manage Apple Ads campaigns;

  2. Access, analyze, and monitor advertising, campaign, attribution, performance, and related business data;

  3. Receive AI-generated insights and recommendations, forecasts,and analytics;

  4. Create, test, and optimize advertising strategies using conversational AI and other AI-powered features;

  5. Access market, keyword, app, creative, or competitive intelligence data obtained from third-party data providers; and

  6. Generate reports and analytics dashboards.

3.2 AI-Powered Features. The Services include AI-Powered Features that utilize artificial intelligence and machine learning technologies to analyze Customer Data and user-provided inputs for the purpose of generating analytical insights, campaign optimization recommendations, automated reports, forecasts, and conversational responses. The use of AI-powered features may be subject to additional limitations, configurations, or customer controls as described in the applicable documentation.

3.3 Third-Party Platforms Integration. The Service may integrate with, access, or incorporate data from Third-Party Platforms to import, display, analyze, or manage advertising, attribution, performance, market intelligence, and related business data. These Third-Party Platforms may include Apple Ads, MMPs, customer-authorized advertising or measurement platforms, and third-party market, app, keyword, creative, or competitive intelligence data providers.

Your use of any Third-Party Platforms, services, or integrations is subject to the applicable terms, conditions, and policies of such third parties. BrightLake does not own, control, or operate such Third-Party Platforms and is not responsible or liable for their operation, availability, accuracy, legality, security, functionality, data, or outputs.

Without limiting the foregoing, BrightLake shall not be responsible or liable for any unavailability, interruption, degradation, or inaccuracy, delay, or failure of the Service resulting from changes to, suspension of, or discontinuation of any third-party platform, APIs, data source, or service (including Apple Ads or MMPs), or from any policy, technical, or operational decisions made by such third parties.

4. Use of Third-Party AI Providers

IMPORTANT DISCLOSURE: YOU ACKNOWLEDGE AND AGREE THAT, IN ORDER TO PROVIDE AI-POWERED FEATURES OF THE SERVICE, CUSTOMER DATA AND USER-PROVIDED INPUTS MAY BE TRANSMITTED TO, PROCESSED BY, AND SHARED WITH THIRD-PARTY ARTIFICIAL INTELLIGENCE SERVICE PROVIDERS IN ACCORDANCE WITH THESE TERMS AND BRIGHTLAKE'S PRIVACY POLICY, AND, WHERE APPLICABLE, THE DPA.

4.1 Third-Party AI Providers. The Service may use third-party artificial intelligence and machine learning providers, including large language model providers, embedding model providers, and related AI infrastructure providers, to provide AI-Powered Features. The specific Third-Party AI Providers used may vary based on Customer configuration, feature availability, routing, cost, performance, reliability, and failover requirements. Such providers may include DeepSeek, OpenAI, Google, Anthropic, or other providers identified in the applicable DPA, subprocessor list, or service documentation.

4.2 Data Transmitted to Third-Party AI Providers. To provide AI-Powered Features, BrightLake may transmit Customer Data and user-provided inputs to Third-Party AI Providers. Such data may include campaign metadata, performance metrics, market or competitive intelligence queries, business data, and specific instructions or prompts submitted by Customer. BrightLake does not intentionally transmit Personal Data, including enterprise user names, email addresses, phone numbers, login information, IP addresses, device identifiers, Cookie IDs, session IDs, or Apple Ads account identifiers, to Third-Party AI Providers for AI-Powered Features.

Customer acknowledges and directs BrightLake to facilitate such transmissions as necessary to provide the AI-Powered Features. Customer is responsible for ensuring that prompts, inputs, and Customer Data submitted to the Service do not include sensitive personal data, regulated data, or information that Customer is not authorized to provide.

4.3 Model Training and Service Improvement. BrightLake does not use identifiable Personal Data to train or fine-tune AI models. BrightLake may use Customer Data, prompts, outputs, interaction records, and related metadata in aggregated, de-identified, filtered, summarized, rewritten, or otherwise limited forms for evaluation, testing, quality assurance, benchmarking, service improvement, and research purposes, subject to the Privacy Policy and available customer controls.

Where commercially and technically feasible, BrightLake configures Third-Party AI Providers not to use Customer Data submitted through the Service for model training. However, Customer acknowledges that Third-Party AI Providers operate under their own terms, policies, configurations, and data handling practices, and BrightLake does not control their internal systems or practices except to the extent set forth in BrightLake's applicable agreements or configurations with such providers.

4.4 Customer Responsibility for AI Inputs. You are solely responsible for reviewing and understanding the data handling, retention, and usage practices of any Third-Party AI Providers used in connection with the Service, and for ensuring that your use of AI-powered features complies with applicable laws, regulations, and contractual obligations.
You agree not to submit or input sensitive personal data, highly confidential information, or regulated data into AI-powered features unless expressly permitted by BrightLake and permitted under applicable law.

5. Customer Data and Data Processing

5.1 Ownership. As between BrightLake and the Customer, the Customer retains all right, title, and interest in and to Customer Data. Except as expressly provided in these Terms, nothing herein transfers any ownership rights in Customer Data to BrightLake.

5.2 License Grant. The Customer grants BrightLake a non-exclusive, worldwide, royalty-free license to access, use, copy, store, transmit, display, and process Customer Data solely as necessary to provide, operate, maintain, and improve the Service, and to otherwise perform its obligations under these Terms.

5.3 Aggregated and De-identified Data. BrightLake may collect, analyze, and use data derived from Customer Data and Customer's use of the Service in an aggregated, anonymized, de-identified, filtered, summarized, or otherwise limited form that does not identify Customer, any Authorized User, or any individual ("Aggregated Data"). BrightLake may use Aggregated Data for analytics, benchmarking, service improvement, testing, evaluation, research, product development, and statistical purposes.

BrightLake will not use identifiable Personal Data to train or fine-tune AI models. Customer may request to opt out of the use of its Customer Data for model improvement or evaluation purposes where such opt-out is made available by BrightLake and is technically feasible. BrightLake may retain and use Aggregated Data indefinitely, provided that such data does not identify Customer, any Authorized User, or any individual and is not reasonably capable of being used to re-identify them.

5.4 Security Standards. BrightLake shall implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of Customer Data. These measures are described in further detail in our Privacy Policy. Notwithstanding the foregoing, Customer acknowledges that no internet-based service is entirely secure. BrightLake’s obligations regarding data security are limited to the exercise of reasonable care in accordance with prevailing industry standards.

5.5 Data Storage and Retention. Except as expressly stated in the DPA, Privacy Policy, an applicable order form, or as required by applicable law, BrightLake does not guarantee that Customer Data will be stored or retained for any specific period.

Customer Data that does not constitute Personal Data, including campaign data, performance metrics, AI interaction records, tool usage records, market or competitive intelligence queries, MMP-derived non-user-level data, imported advertising data, diagnostic records, and related business or operational records, may be retained for extended periods, including indefinitely, for service continuity, historical analytics, auditability, troubleshooting, product improvement, security, legal, business, and operational purposes.

To the extent Customer Data includes Personal Data, BrightLake will retain and handle such Personal Data in accordance with the Privacy Policy, the DPA where applicable, and applicable law. BrightLake is not responsible or liable for deletion, loss, or inaccuracy of Customer Data, or any failure to store, transmit, or receive Customer Data, except to the extent caused by BrightLake's breach of these Terms or as otherwise required by applicable law.

6. Third-Party Platform Integrations

6.1 Apple Ads Integration. The Service integrates with Apple Ads and related Apple services. Your use of any Apple Ads integrations is subject solely to your agreements with Apple, including the Apple Developer Program License Agreement, the Apple Ads Terms of Service, and Apple's Privacy Policy, as each may be updated from time to time. You are solely responsible for complying with all applicable terms, policies, and requirements imposed by Apple in connection with your use of Apple Ads. BrightLake does not control and is not responsible or liable for the operation, availability, accuracy, functionality, or security of Apple Ads or any related Apple services, or for any data, metrics, or reports provided by or through such services.

6.2 MMPs Integration. The Service may integrate with MMPs to access, import, and manage advertising and attribution data. Your use of any MMPs integrations is subject solely to your agreements with the applicable MMPs, including their terms of service, data processing agreements, and privacy policies. You are solely responsible for ensuring that your use of MMPs and any data made available through such integrations complies with applicable laws, regulations, and contractual obligations. BrightLake does not control and is not responsible or liable for the operation, accuracy, availability, or security of any MMPs, or for any data, metrics, or reports provided by or through such MMPs.

6.3 Third-Party Market and Competitive Intelligence Data Providers. Certain features of the Service may incorporate, display, or analyze market, app, keyword, creative, ranking, competitive intelligence, or similar business data obtained from third-party data providers engaged by BrightLake.

These third-party data providers are not Customer-authorized Third-Party Accounts and are not used to access Customer’s accounts or Customer Data. BrightLake does not intentionally provide Personal Data to such providers in connection with these features.

Any data, rankings, reports, or other materials obtained from such providers are provided for informational and analytical purposes only. BrightLake does not control and is not responsible for the accuracy, completeness, availability, timeliness, or quality of such third-party data.

6.4 Authorization. The Service may enable BrightLake to access, import, and display content and data from Customer-authorized Third-Party Accounts, such as Apple Ads accounts or MMP accounts.

By connecting or authorizing BrightLake to access any Third-Party Account, you authorize BrightLake to access your Apple Ads data and/or MMPs data through APIs, and you represent and warrant that you have all necessary rights and authority to grant such access without breaching any agreements or terms governing your use of such Third-Party Accounts, without obligating BrightLake to pay any fees, and without subjecting BrightLake to any usage limitations or restrictions imposed by such third-party providers.

By granting BrightLake access to any Third-Party Account, you acknowledge and agree that BrightLake may access, retrieve, store (where applicable), process, and make available Customer Data obtained from such Third-Party Accounts solely for the purpose of providing the Service, in accordance with these Terms and BrightLake's Privacy Policy.

Your relationship with any third-party service providers associated with your Third-Party Accounts is governed solely by your agreements with such third-party service providers. BrightLake does not control and disclaims any responsibility or liability for any personally identifiable information or other data provided to BrightLake by such third-party providers in violation of the privacy settings or preferences you have configured in your Third-Party Accounts.

You acknowledge and agree that you are solely responsible for ensuring that any actions taken through the Service in connection with Third-Party Accounts comply with all applicable third-party terms, policies, and requirements, including Apple Ads policies. BrightLake shall not be responsible or liable for any suspension, termination, penalty, fine, or other adverse action imposed by a third-party platform as a result of your use of the Service or any automated or manual actions performed on your behalf.

6.5 No Endorsement. Except as expressly stated in writing by BrightLake, nothing in these Terms or the Service shall be deemed to create any affiliation, partnership, endorsement, sponsorship, or agency relationship between BrightLake and Apple Inc. or any other third-party platform or service provider.

7. Prohibited Uses

You agree not to use the Service to:

  1. post, transmit, upload, or otherwise make available any content or materials for which you do not have all necessary rights, permissions, or licenses, or that infringe, misappropriate, or otherwise violate any third-party rights or any applicable law or regulation;

  2. post, transmit, upload, or otherwise make available any malicious code, viruses, malware, or other harmful or destructive content;

  3. post, transmit, upload, or otherwise make available any content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Service is being used;

  4. Attempt to gain unauthorized access to the Service, any accounts, systems, networks, or data related to the Service, or interfere with or disrupt the integrity, security, or performance of the Service or any related systems;

  5. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, algorithms, or technology of the Service, including any machine learning models, except to the extent expressly permitted by applicable law;

  6. Use automated means (including bots, scrapers, crawlers, or similar tools) to access, extract, collect, index, or monitor any content, data, or outputs generated by the Service, including AI-generated insights or recommendations, except as expressly permitted by BrightLake or in accordance with machine-readable instructions made available by BrightLake;

  7. Resell, sublicense, distribute, or otherwise make available the Service, in whole or in part, to any third party without BrightLake's prior written authorization;

  8. Process, submit, or use personal data through the Service in violation of applicable data protection, privacy, or security laws or regulations, or without obtaining all required rights, permissions, and consents;

  9. Use AI-powered features to generate, disseminate, or facilitate content that is harmful, illegal, deceptive, misleading, or otherwise violates applicable law or third-party rights.

Any violation of the foregoing prohibited uses may result in the suspension or termination of your account or access to the Service, in whole or in part, without prior notice, and without refund of any prepaid fees, to the extent permitted by applicable law.

8. Fees and Payment

8.1 Fees. You agree to pay all fees and charges applicable to your use of the Service in accordance with the applicable pricing plan, order form, or other written agreement between you and BrightLake.
You are responsible for all applicable taxes, duties, or similar governmental assessments, excluding taxes based on BrightLake's net income. BrightLake may charge applicable taxes where required by law.

8.2 Billing.. Fees for the Service will be billed and paid in accordance with the applicable pricing plan, order form, invoice, or other written agreement between Customer and BrightLake. Unless expressly stated otherwise in an applicable order form or required by applicable law, all fees are non-refundable.

Customer agrees to provide complete, accurate, and up-to-date billing and invoicing information reasonably required by BrightLake to administer Customer's account and collect applicable fees. If payment is not received when due, BrightLake reserves the right, upon reasonable notice, to suspend, downgrade, or restrict Customer's access to the Service, in whole or in part, until payment is received.

8.3 Price Changes. BrightLake reserves the right to modify its pricing from time to time. Any increase in subscription fees will be communicated to you at least thirty (30) days in advance and will take effect at the start of your next applicable billing cycle.

8.4 Cancellation. You may cancel your paid subscription at any time in accordance with these Terms. Except as required by applicable law, all payments are non-refundable. Nothing in these Terms is intended to limit or override any mandatory local laws governing your cancellation rights.

Your cancellation will take effect at the end of the then-current billing period, and you will continue to have access to the Service through the end of that billing period. To avoid being charged for the next billing cycle, you must submit your cancellation request at least twenty-four (24) hours prior to the start of the next billing period.

9. Intellectual Property

9.1 BrightLake Intellectual Property Rights. BrightLake retains all rights, title, and interest in and to the Services, including all software, algorithms, technology, trademarks, logos, branding and any improvements, enhancements, or modifications thereof, including all Intellectual Property Rights.

"BrightLake" and "BrightLake International Inc." and all related stylizations, graphics, logos, service marks and trade names used on or with the Services are the trademarks of BrightLake and may not be used without permission in connection with your, or any third-party's, products or services. To the extent any product name or logo does not appear with a trademark (™) does not constitute a waiver of any and all intellectual property rights that BrightLake has established in any of its products, features, or service names or logos.The names and logos of other companies, products, and services used and displayed in the Services may be trademarks or service marks of their respective owners, who may or may not endorse, be affiliated with, or connected to BrightLake.

9.2 Output Ownership. With respect to outputs generated by AI-Powered Features, Customer owns all right, title, and interest, if any, in and to specific outputs generated from Customer Data. BrightLake retains ownership of the underlying AI models and technology. Due to the nature of the Services and artificial intelligence generally, output may not be unique and other users may receive similar output from the Services. The foregoing does not apply to outputs generated by other users or to any Third-Party Output.

9.3 Third-Party Intellectual Property. The Service may include intellectual property, including open-source software owned by third parties. Such third-party intellectual property may be licensed to you under separate or different terms and conditions ("Third-Party Terms"), which are not granted to you under these Terms of Service. Such Third-Party Terms will be made available to you, and you agree to comply with them, including any obligations to make payments directly to the relevant third party. BrightLake is not responsible for such third-party intellectual property, and you acknowledge and agree that we are not liable for any losses, damages, costs, or expenses you may suffer or incur in connection with any third-party intellectual property or Third-Party Terms.

9.4 Feedback. If you choose to submit any ideas, suggestions, proposals, documents, or other feedback to BrightLake through the Service or otherwise ("Feedback"), you acknowledge and agree that such Feedback is provided on a non-confidential basis and at your own risk, and that BrightLake has no obligation, express or implied, with respect to such Feedback. You represent and warrant that you have all rights, permissions, and authority necessary to submit the Feedback and to grant the rights set forth in these Terms. You hereby grant to BrightLake a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid, and fully sublicensable right and license to use, reproduce, modify, adapt, create derivative works of, publish, perform, display, distribute, and otherwise exploit the Feedback, in any manner and for any purpose (commercial or non-commercial), in connection with the operation, improvement, and maintenance of the Service and BrightLake's business.

10. Disclaimers and Limitation of Liability

10.1 "AS IS" DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE WERE GIVEN SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

10.2 AI Disclaimer. WITH RESPECT TO AI-POWERED FEATURES OF THE SERVICE, you acknowledge and agree that:

  1. outputs, insights, predictions, or recommendations generated by AI-Powered Features may be probabilistic in nature and may contain errors, inaccuracies, or hallucinations;

  2. you are solely responsible for evaluating, validating, and implementing any AI-generated outputs or recommendations, including exercising independent judgment and appropriate human oversight;

  3. BrightLake does not guarantee, represent, or warrant any specific business outcomes, results, or performance arising from the use of AI-powered features;

  4. AI models, features, and capabilities may change, be updated, or be discontinued at any time, including without notice; and

  5. The availability, continuity, and functionality of AI-powered features and the Service are not guaranteed.

Without limiting the foregoing, BrightLake does not warrant or guarantee that the Service, including any AI-generated insights or recommendations, will comply with or satisfy any specific advertising policies, regulatory requirements, or industry standards imposed by third parties or regulators, including Apple Ads policies, and BrightLake assumes no legal liability for any failure.

10.3 Third-Party AI Services and Materials Disclaimer. BRIGHTLAKE DOES NOT CONTROL AND IS NOT RESPONSIBLE OR LIABLE FOR any Third-Party AI services, Third-Party Platforms providers, or other Third-Party Services, materials, or content made available through or in connection with the Service. Without limiting the foregoing, BrightLake is not responsible or liable for:

  1. the operation, maintenance, functionality, security, failure, availability, accuracy, legality, or quality of any Third-Party AI Services or third-party materials or content;

  2. any acts or omissions of any Third-Party AI Providers or Third-Party Platform providers, including changes to their terms, policies, pricing, or functionality, or interruptions or failures of integrations;

  3. any outputs or content generated by Third-Party AI Services; or

  4. any decisions made or actions taken by the Customer in reliance on or as a result of any of the foregoing.

10.4 Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BRIGHTLAKE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA (INCLUDING WITHOUT LIMITATION COURSE INSTRUCTIONS, ASSIGNMENTS AND MATERIALS), BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF BRIGHTLAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRIGHTLAKE'S TOTAL LIABILITY FOR ALL CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO BRIGHTLAKE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

11. Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS BRIGHTLAKE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: (A) CUSTOMER'S ACCESS TO OR USE OF THE SERVICE; (B) CUSTOMER DATA; (C) CUSTOMER'S BREACH OF THESE TERMS; (D) CUSTOMER'S VIOLATION OF APPLICABLE LAW OR THIRD-PARTY RIGHTS; (E) CUSTOMER'S FAILURE TO OBTAIN ANY REQUIRED RIGHTS, CONSENTS, PERMISSIONS, OR AUTHORIZATIONS FOR DATA PROCESSING; OR (F) CUSTOMER'S USE OF THIRD-PARTY PLATFORMS OR ANY DATA OBTAINED FROM SUCH THIRD-PARTY PLATFORMS.

BRIGHTLAKE RESERVES THE RIGHT, AT CUSTOMER'S EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH CUSTOMER IS REQUIRED TO INDEMNIFY BRIGHTLAKE, AND CUSTOMER AGREES TO COOPERATE WITH BRIGHTLAKE'S DEFENSE OF SUCH CLAIMS. CUSTOMER SHALL NOT SETTLE ANY CLAIM WITHOUT BRIGHTLAKE'S PRIOR WRITTEN CONSENT IF THE SETTLEMENT IMPOSES ANY OBLIGATION OR LIABILITY ON BRIGHTLAKE.

12. Term and Termination

12.1 Term. These Terms commence on the date the Customer first accesses or uses the Service and will continue in full force and effect until terminated in accordance with these Terms.

12.2 Termination by Customer. The Customer may terminate these Terms at any time by deleting its account through the Service settings. DELETING THE ACCOUNT IS PERMANENT AND IRREVERSIBLE. Except as required by applicable law, no refunds will be provided for any prepaid or unused fees.

12.3 Termination by BrightLake. BrightLake reserves the right to suspend or terminate the Customer's access to the Service, in whole or in part, immediately and without prior notice, if BrightLake reasonably determines that the Customer:

  1. has breached these Terms;

  2. has failed to pay any fees when due;

  3. has engaged in conduct that poses a risk of harm to BrightLake, the Service, other users, or any third party; or

  4. is required to do so by applicable law or a valid legal order.

If the Service is terminated for cause by BrightLake or if your account or ability to access the Service is discontinued by BrightLake due to your violation of any portion of these Terms or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise.

12.4 Effect of Termination. Upon termination or expiration of these Terms, the Customer's right to access and use the Service will immediately cease, and Customer Data will be handled in accordance with BrightLake's Privacy Policy and any applicable data retention obligations under law.

13. Dispute Resolution

13.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

13.2 Mandatory Arbitration. You agree to resolve any claims arising out of or relating to these Terms or our Service, regardless of when the claim arose, even if it was before these Terms existed (a "Dispute"), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by providing us with notice of your decision by certified mail to the physical address listed as 16. Contract Information.

13.3 Informal Resolution. BrightLake would like to understand and try to address your concerns prior to formal legal action. Before initiating formal dispute resolution, the parties agree to try to resolve the Dispute informally. BrightLake will do so by sending notice to the email address associated with your account. If we are unable to resolve a Dispute in good faith for at least 60 days, either of us has the right to initiate arbitration. Any statute of limitations will be tolled during this informal resolution process.

13.4 Arbitration Forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable

13.5 Arbitration Procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Wilmington, Delaware have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

13.6 Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

13.7 Class and Jury Trial Waivers. CUSTOMER AGREES THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY AND MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, AND REPRESENTATIVE ACTIONS ARE PROHIBITED. ONLY INDIVIDUAL RELIEF IS AVAILABLE. THE PARTIES AGREE TO SEVER AND LITIGATE IN COURT ANY REQUEST FOR PUBLIC INJUNCTIVE RELIEF AFTER COMPLETING ARBITRATION FOR THE UNDERLYING CLAIM AND ALL OTHER CLAIMS. THIS DOES NOT PREVENT EITHER PARTY FROM PARTICIPATING IN A CLASS-WIDE SETTLEMENT. CUSTOMER KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM.

13.8 Batch Arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you agree that NAM will administer them in batches of up to 50 claimants each ("Batch"), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

13.9 Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

14. Data Protection and Privacy Compliance

14.1 Privacy Policy and DPA. BrightLake’s collection, use, disclosure, retention, and protection of personal information in connection with the Service are described in the Privacy Policy. Where BrightLake Processes Personal Data contained in Customer Data on behalf of Customer, the DPA shall apply and form part of these Terms.

14.2 Roles of the Parties. For purposes of applicable data protection and privacy laws, Customer generally acts as the controller, business, or equivalent role with respect to Personal Data contained in Customer Data, and BrightLake generally acts as the processor, service provider, or equivalent role, unless otherwise expressly stated in the Privacy Policy, DPA, or an applicable written agreement.

14.3 U.S. State Privacy Laws. To the extent applicable U.S. state privacy laws apply, BrightLake will process Personal Data in accordance with the Privacy Policy, the DPA, these Terms, and Customer’s documented instructions. BrightLake does not sell Personal Data for monetary consideration. In the current version of the Service, BrightLake does not share Personal Data for cross-context behavioral advertising or use Personal Data for targeted advertising. If BrightLake enables advertising or marketing technologies that involve sale, sharing, or targeted advertising under applicable U.S. state privacy laws, BrightLake will provide applicable notices and choices as required by law.

14.4 EEA, UK, and Swiss Data Protection Laws. To the extent Customer is established in the European Economic Area, the United Kingdom, or Switzerland, or Processes Personal Data of individuals located in such jurisdictions through the Service, the DPA shall apply. Where required by applicable law, BrightLake will provide appropriate contractual and technical safeguards for such Processing, including assistance with data subject rights, security, and international transfers as described in the DPA.

14.5 International Data Transfers. Customer Data, including Personal Data where applicable, may be transferred to, stored in, and processed in jurisdictions outside Customer’s country of residence, including the United States and other jurisdictions where BrightLake, its service providers, or Third-Party AI Providers operate. Where required by applicable data protection laws, BrightLake will implement appropriate safeguards for transfers of Personal Data, including Standard Contractual Clauses, the UK Addendum, adequacy decisions, or other lawful transfer mechanisms.

14.6 Information Security. BrightLake maintains administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. Specific security measures may evolve over time based on risk, technology, business needs, and regulatory developments, as further described in the Privacy Policy and, where applicable, the DPA.

15. General Provisions

15.1 Entire Agreement. These Terms govern your use of the Service, together with the Privacy Policy, DPA and any applicable order forms, constitute the entire agreement, and superseding any prior agreements with respect to the same subject matter between you and BrightLake.

15.2 Amendments. BrightLake reserves the right at any time to modify these Terms and to add new or additional terms or conditions on your use of the Service. Material changes will be notified with at least 30 days' notice. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. Your continued use of the Service will be deemed acceptance thereof.

15.3 Notices. BrightLake may notify you with respect to the Service by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Service. Notices shall become effective immediately. BrightLake may also contact you by email or push notification to send you additional information about the Service.

15.4 Severability. If any part of these Terms is held invalid or found unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall continue in full force and effect.

15.5 Assignment. Customer may not assign these Terms, and any rights and licenses granted hereunder, without BrightLake's prior written consent. BrightLake may assign these Terms freely.

15.6 Force Majeure. BrightLake shall not be liable for delays or failures in performance due to causes beyond its reasonable control.

15.7 Compliance. You hereby grant BrightLake the right to take steps BrightLake believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that BrightLake has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as BrightLake believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to BrightLake's right to cooperate with any legal process relating to your use of the Service, and/or a third-party claim that your use of the Service is unlawful and/or infringes such third party's rights).

16. Contact Information

For questions about these Terms of Service, please contact us at:

BrightLake International Inc.
One Dock Street, Suite 402,

Stamford, CT 06902
United States

Email: service@brightlake.ai