Terms of Service
Effective Date: December 24, 2024
Definitions
- "Coherence OS™" or "Coherence" refers to the Coherence software platform (the "Service").
- "Brightyard," "we," "us," or "our" refers to Brightyard, Inc., a Delaware corporation that owns and operates Coherence.
Welcome to Coherence! Coherence OS ("Coherence") is a software platform operated by Brightyard, Inc., a Delaware corporation. These Terms of Service ("Terms") govern your access to and use of the Coherence platform (the "Service"). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Use of the Service
1.1 Eligibility
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.
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. Privacy
Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your information.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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]