Terms of Service

1. Use of the Service

1.1 Eligibility and Where the Service Is Offered

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

The Service is offered from the United States and is not offered to, or intended for, persons or organisations located or established in the European Economic Area, the United Kingdom, Switzerland, Australia, New Zealand, Canada, Brazil, Japan, South Korea, China, India, Singapore, South Africa, Türkiye, Israel, Argentina, Thailand, Indonesia, the United Arab Emirates, Saudi Arabia, Qatar, or Russia, except where we have admitted a customer from one of them under a written agreement signed by both parties. We decline new accounts from those locations and do not direct marketing to them. By creating an account you represent that you are not located or established in any of them, or that your organisation has such a written agreement with us. We may close an account we reasonably determine was created in breach of this section, with the export period described in Section 12.

1.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree not to disclose your password to any third party and to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

1.3 Prohibited Activities

You agree not to use the Service for any unlawful purposes or activities that violate these Terms, including but not limited to:

• Engaging in fraudulent or misleading practices
• Violating intellectual property rights
• Introducing harmful software or attempting to disrupt the Service
• Sending spam or unsolicited communications
• Attempting to gain unauthorized access to any portion of the Service
• Reselling or redistributing the Service without authorization

2. Subscription and Payment

2.1 Subscription Plans

Access to certain features of the Service requires a paid subscription. Details about plans and pricing are available on our pricing page.

2.2 Billing

Payments will be charged on a recurring basis according to your subscription plan (monthly or annually). You agree to provide accurate payment information and authorize us to charge your payment method. At the end of each billing cycle, your subscription will automatically renew unless you cancel it.

2.3 Free Trial

We may offer a free trial for a limited period. If you do not cancel before the trial ends, you will be automatically charged the applicable subscription fees.

2.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation will take effect at the end of the current billing cycle.

2.5 Refunds

Except when required by law, paid subscription fees are non-refundable. We may consider refund requests on a case-by-case basis.

3. Intellectual Property

3.1 Ownership

The Service, including its content and software, is owned by Brightyard, Inc. and is protected by copyright, trademark, and other intellectual property laws. Coherence OS™ is a trademark of Brightyard, Inc. Our trademarks and trade dress may not be used without prior written consent.

3.2 User Content

You retain ownership of the content you submit to the Service ("Your Data"). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, modify, and display your content as necessary to provide the Service.

You are responsible for the accuracy, quality, and legality of Your Data and the means by which you acquired it.

4. Your Data

You retain all rights to the data you submit to the Service. Upon termination of your account, you may request export of Your Data within 30 days. After this period, we may delete Your Data in accordance with our data retention policies.

5. Third-Party Services

The Service may integrate with or allow you to connect to third-party services (such as email providers, calendar services, and other applications). Your use of such third-party services is governed by their respective terms of service and privacy policies. Brightyard is not responsible for the availability, accuracy, or content of any third-party services.

6. Artificial Intelligence Features

6.1 AI Credits

AI features in the Service are powered by AI credits. Each subscription plan includes a monthly allowance of credits. AI actions — including copilot queries, agent tasks, autopilot cycles, and content generation — consume credits from this allowance. When credits are exhausted, AI features may be paused (Free plan) or additional usage may be billed at the applicable overage rate (paid plans).

6.2 AI Spending Limits

Paid plan users may configure monthly spending limits to control AI overage costs. You are responsible for monitoring your usage and configuring appropriate limits. We are not liable for overage charges incurred when no spending limit is set.

6.3 AI Data Processing

When you use AI features, your data (including record data, conversation history, and task instructions) is sent to third-party AI providers for processing. By default, the Service uses MiniMax, an AI provider operated by Nanonoble Pte. Ltd. of Singapore within a group headquartered in China, whose API stores data in the United States, for optimal cost and performance. You may change your default AI provider to Anthropic or OpenAI (both US-based) in your account settings; MiniMax is never used for workspaces in the European Economic Area, the United Kingdom, or Switzerland. See our Privacy Policy for details on how each provider handles your data.

6.4 AI-Generated Content

Content generated by AI features (including agent outputs, autopilot briefings, and generated documents) is provided "as is." You are responsible for reviewing AI-generated content before use. We do not guarantee the accuracy, completeness, or suitability of AI-generated content for any purpose.

6.5 Autonomous Agent Actions

AI agents and autopilot features may take autonomous actions on your behalf, including creating records, sending emails, generating content, and modifying data. You are responsible for configuring appropriate permissions, approval workflows, and spending limits to control agent behavior. We are not liable for actions taken by AI agents operating within the permissions you have configured.

7. Privacy

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your information.

Where you use the Service to process personal data about your own contacts, customers, or users, our Data Processing Addendum forms part of these Terms and governs that processing, including the Standard Contractual Clauses it incorporates for transfers of personal data from the European Economic Area, the United Kingdom, and Switzerland. The sub-processors we use are listed on our Sub-processors page.

By using the Service you agree that we collect product analytics and masked session replays of your use of the application, so that we can find and fix problems and improve the Service. Recordings mask your data and capture only layout and interactions. You can turn this off at any time in your account settings under Data & Privacy. For a workspace admitted under a written agreement from a location listed in Section 1.1, analytics and session replay are off until you turn them on in the application.

8. Service Availability

We strive to maintain high availability of the Service, but we do not guarantee that the Service will be available at all times. We may suspend or discontinue the Service or any part thereof at any time with or without notice. We will provide reasonable notice of any material changes where practicable.

9. Limitation of Liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

Our total liability to you for all claims is limited to the amount you paid for the Service in the 12 months preceding the event giving rise to the claim.

10. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

11. Indemnification

You agree to defend, indemnify, and hold harmless Brightyard, Inc. and its employees, contractors, agents, officers, and directors from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or your violation of these Terms.

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so through your account settings or by contacting us.

Inactive free and trial workspaces

A free or trial workspace with no meaningful activity for 30 days may enter our inactivity lifecycle. Meaningful activity means signing in, authenticated API use, or an operational feature that is still running: an active paid pack, a scheduled task, an active scheduling link, a campaign in progress, or scheduled outreach. Paid and manually provisioned workspaces are not subject to the lifecycle. A published website does not by itself count as activity.

We notify the workspace owners before each step. Thirty days after the first notice we pause connected email, calendar, and contact synchronization. After 60 days we archive the workspace. After 120 days we send a final notice, and 30 days after that we may schedule the workspace for termination. A scheduled workspace receives a further 30-day period to sign in, cancel termination, and request an export before permanent deletion begins. Signing in at any stage before deletion begins reactivates the workspace and stops the lifecycle.

Existing inactive workspaces enter the lifecycle at the first-notice stage and are not fast-forwarded based on earlier inactivity. What happens to your data once deletion begins is described in our Privacy Policy.

13. Changes to These Terms

We may update these Terms from time to time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. Changes will be effective when posted, and your continued use of the Service after changes are posted constitutes your acceptance.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact Us

If you have questions about these Terms, please contact us at:

Brightyard, Inc.
Operator of the Coherence platform

Email: [email protected]
Legal inquiries: [email protected]