Terms of Service
These Terms of Service ("Terms") govern your access to and use of BrightDesk OS, an invitation-only business workspace operated by BrightDesk LLC ("BrightDesk," "we," "us," or "our"). By accessing or using BrightDesk OS (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
To use BrightDesk OS, you must:
- Be at least 18 years old
- Have the legal authority to enter into a binding contract
- Be authorized to connect any third-party accounts you choose to integrate with the Service
- Comply with all applicable laws and the terms of any connected third-party platforms
2. Accounts
2.1 Account Creation
Access is by invitation. You must provide accurate, current, and complete account information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
2.2 Account Security
Notify us immediately at support@brightdesk.ai if you suspect unauthorized access to your account. BrightDesk is not liable for losses caused by unauthorized account use that you fail to report.
2.3 Organization Accounts
If you use BrightDesk OS on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. "You" refers to both the individual user and the organization.
3. The Service
3.1 Description
BrightDesk OS provides tools for managing clients, projects, tasks, documents, recordings, team activity, and related business operations. Optional features include AI-assisted planning and content generation, outreach workflows, and integrations configured by authorized workspace users. You are responsible for reviewing generated content before relying on it or sharing it.
3.2 Third-Party Platforms
BrightDesk OS uses third-party services and authorized integrations, including Google sign-in through Clerk. Your use of those platforms is governed by their own terms and privacy policies. BrightDesk is not responsible for the availability, accuracy, or performance of third-party platforms or their data.
3.3 Service Changes
We may modify, add, or remove features at any time. We may also suspend or discontinue the Service, in whole or in part, with reasonable notice when practicable.
4. Workspace Access and Separate Agreements
Your access depends on an invitation and the permissions assigned to your account. Any fees or commercial arrangements are governed by a separate written agreement with BrightDesk. These Terms do not themselves authorize a payment or create a subscription.
5. Acceptable Use
You agree not to:
- Use the Service in violation of any law or regulation
- Use the Service to violate the terms of any third-party platform you connect
- Reverse engineer, decompile, or attempt to extract source code from the Service
- Resell, sublicense, or redistribute access to the Service without written permission
- Upload or transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to BrightDesk systems or other users’ accounts
- Use the Service to harass, defame, or harm others
- Interfere with or disrupt the Service or servers/networks connected to it
- Scrape, data-mine, or extract data from BrightDesk OS except through features we provide
- Use the Service to compete directly with BrightDesk or to build a competing product
We may suspend or terminate accounts that violate these rules.
6. Your Data and Content
6.1 Ownership
You or the organization you represent retain the rights you hold in data you connect to or upload into BrightDesk OS ("Customer Data"), including information about your clients, projects, contacts, and customers. You grant BrightDesk a limited license to access, process, and display Customer Data solely to provide the Service. As between you and BrightDesk, you decide how Customer Data is used and BrightDesk processes it on your instructions, as described in our Privacy Policy.
6.2 Responsibility
You are solely responsible for the accuracy, legality, and appropriateness of Customer Data and for ensuring you have the right to share it with BrightDesk. Where you connect a call recording tool, you are responsible for obtaining any recording consent or providing any notice that applicable law requires before a call is recorded.
6.3 Aggregated and De-identified Data
We may use aggregated, de-identified, or anonymized data derived from the Service to improve and operate BrightDesk OS, provided such data does not identify you or your customers.
7. Intellectual Property
7.1 Our Property
BrightDesk owns all rights to the Service, including software, design, trademarks, and content we create. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service.
7.2 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant BrightDesk a perpetual, royalty-free license to use them without obligation.
8. Confidentiality
Each party agrees to protect the other party's confidential information with the same care it uses for its own confidential information (no less than reasonable care) and to use it only to perform under these Terms.
9. Termination
9.1 By You
You may stop using the Service at any time. Contact support@brightdesk.ai to request account removal. Ending account access does not automatically remove shared workspace records or end obligations under a separate written agreement.
9.2 By Us
We may suspend or terminate your account if you breach these Terms, your workspace authorization ends, or you use the Service in a way that creates legal or operational risk for BrightDesk.
9.3 Effect of Termination
Upon termination:
- Your access to the Service ends
- Account and workspace information is handled as described in our Privacy Policy; contact support about removal requests
- Sections that by their nature should survive (e.g., payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution) will survive
10. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the maximum extent permitted by law, BrightDesk disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, error-free, or secure, or that data from connected third-party platforms will be complete or accurate. You use the Service at your own risk.
11. Limitation of Liability
To the maximum extent permitted by law: (a) BrightDesk shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with the Service. (b) BrightDesk's total cumulative liability arising out of or relating to these Terms or the Service shall not exceed the greater of (i) the amount you paid BrightDesk in the 12 months preceding the event giving rise to the claim, or (ii) one hundred U.S. dollars ($100). These limitations apply even if a remedy fails of its essential purpose.
12. Indemnification
You agree to defend, indemnify, and hold harmless BrightDesk, its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, including the terms of any connected third-party platform, or (d) your Customer Data.
13. Governing Law and Disputes
13.1 Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles.
13.2 Venue
Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Orange County, Florida, and you consent to the personal jurisdiction of those courts.
13.3 Informal Resolution
Before filing any claim, you agree to first contact us at support@brightdesk.ai and attempt to resolve the dispute informally for at least 30 days.
14. General Provisions
14.1 Entire Agreement
These Terms, together with any written order or agreement between you and BrightDesk, constitute the entire agreement between the parties regarding the Service.
14.2 Modifications
We may update these Terms from time to time. We will notify you of material changes through the Service, and by email where we have a working address for you, at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.
14.3 Assignment
You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
14.4 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.
14.5 No Waiver
Failure to enforce any right or provision is not a waiver of that right.
14.6 Force Majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control (e.g., natural disasters, war, internet outages, third-party platform failures).
14.7 Relationship
These Terms do not create any partnership, joint venture, or employment relationship between you and BrightDesk.
15. Contact
Questions about these Terms?
BrightDesk LLC
1905 Stake Out Way
Apopka, FL 32703
Email: support@brightdesk.ai