Terms of Use

Please read these Terms of Use ("Terms") carefully before using the BrightKey website and platform (collectively, the "Service") operated by BrightKey Inc. ("Company", "we", "us", "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of these Terms, you may not access the Service.

1. Acceptance of Terms

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you represent that:

• You are at least 18 years old (or the age of majority in your jurisdiction).
• You have the legal authority to enter into these Terms.
• Your use of the Service will comply with all applicable laws and regulations.

If you are using the Service on behalf of an organisation, you agree to these Terms on behalf of that organisation and represent that you have the authority to do so.

2. Description of Service

BrightKey provides a software-as-a-service platform that includes CDN-powered content delivery (via Bunny.net), real-time database and authentication (via Supabase), and integrated payment processing (via PayMongo). The specific features available to you depend on the subscription plan you have selected.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice, except where immediate action is required for security or legal reasons.

3. Account Registration

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information.
• Maintain the security of your password and accept responsibility for all activity under your account.
• Notify us immediately of any unauthorised use of your account at security@brightkey.io.
• Not share your account credentials with any third party.

We reserve the right to terminate accounts that contain inaccurate information or violate these Terms.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation.
• Transmit, distribute, or store material that is illegal, harmful, defamatory, obscene, or fraudulent.
• Infringe upon or violate intellectual property rights of any party.
• Send unsolicited communications (spam) or engage in phishing activities.
• Introduce malicious code, viruses, or any other harmful software.
• Attempt to gain unauthorised access to any part of the Service or its related systems.
• Conduct denial-of-service (DoS/DDoS) attacks against the Service or any third party.
• Scrape, crawl, or index the Service without our prior written permission.
• Resell, sublicense, or redistribute the Service without our prior written consent.

Violation of this section may result in immediate suspension or termination of your account without refund.

5. Subscriptions & Payments

5.1 Billing

Paid subscriptions are billed in advance on a monthly or annual basis, as selected at checkout. All prices are displayed in Philippine Peso (PHP) and are exclusive of applicable taxes unless stated otherwise.

5.2 Payment Processing

All payments are processed by PayMongo, a licensed payment service provider. By purchasing a subscription, you agree to PayMongo's Terms of Service. BrightKey does not store your full card number or CVC.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You can cancel at any time from your account dashboard.

5.4 Refunds

We offer a 14-day money-back guarantee for new paid subscriptions. After this period, subscription fees are non-refundable except where required by law. Partial-month refunds are not provided.

5.5 Price Changes

We may change subscription prices at any time. We will provide at least 30 days' notice of any price increase. Continued use of the Service after the notice period constitutes your acceptance of the new price.

6. Intellectual Property

The Service and its original content (excluding user-provided content), features, and functionality are and will remain the exclusive property of BrightKey Inc. and its licensors. The BrightKey name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BrightKey Inc.

You may not use any BrightKey trademark without our prior written permission.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes.

7. User Content

You retain all ownership rights in any content you upload or transmit through the Service ("User Content"). By providing User Content, you grant BrightKey a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, modify, and display your User Content solely to the extent necessary to operate and improve the Service.

You represent and warrant that you have all rights necessary to grant this licence and that your User Content does not violate any third-party rights or applicable laws.

We reserve the right to remove User Content that violates these Terms or is otherwise objectionable at our sole discretion.

8. Third-Party Services

The Service integrates with third-party providers including Bunny.net, Supabase, and PayMongo. Your use of those services is governed by their respective terms and privacy policies. BrightKey is not responsible for the acts or omissions of these third parties.

The Service may contain links to external websites. We have no control over and accept no responsibility for the content or practices of those sites.

9. Disclaimers & Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIGHTKEY INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless BrightKey Inc. and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Service.

11. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, for conduct that we believe:

• Violates these Terms or any applicable law.
• Is harmful to other users, third parties, or the integrity of the Service.
• Creates liability for BrightKey.

Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, and limitations of liability.

You may terminate your account at any time from your account settings. Termination does not entitle you to a refund except as specified in Section 5.4.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Metro Manila, Philippines.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date and, where appropriate, by sending an email notification. Your continued use of the Service following the notice period constitutes your acceptance of the revised Terms.

14. Contact Information

For questions about these Terms, please contact us:

• Email: legal@brightkey.io
• Address: BrightKey Inc., [Your Address], Philippines