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Terms of Use

BrightCalendar - End User License Agreement

BrightCalendar - End User License Agreement

Welcome to the End User License Agreement for BrightCalendar and its related documentation (collectively, the “Software”). This Agreement, as it may be amended from time to time (the “Agreement”), is between you (referred to herein as “you” or the “End User”) and BrightCalendar (referred to herein as “we,” “us,” or “BrightCalendar”) and describes the terms and conditions of your use of the Software.

If you are using the Software in any capacity as a Representative (as defined below) of an Entity (as defined below), then this Agreement is by and among you, the Entity, and BrightCalendar. We may amend this Agreement by making the amended version available on the BrightCalendar website. Your continued use of the Software after such amendment shall signify your acceptance. Otherwise, this Agreement may only be amended in a writing signed by us.

If you are using the Software as an employee, contractor, representative, or agent (collectively, a “Representative”) of another person, corporation, partnership, or other entity (“Entity”), then your assent constitutes both (i) your agreement individually and (ii) the Entity's agreement. By continuing to use the Software, you warrant that you are authorized to bind the Entity or that someone authorized has already accepted this Agreement on behalf of the Entity.

Questions regarding this Agreement or the Software should be directed to support@brightcalendar.com.

1. Definitions

  • 1.1 “End User Content” means any data, text, images, or other materials provided by the End User for use with the Software.
  • 1.2 “Software” includes all BrightCalendar software and documentation, including all versions and updates.

2. Access to the Software

  • 2.1 Access. You are responsible for providing the required hardware, software, and internet access.
  • 2.2 License Grant. We grant you a non-exclusive, non-transferable license to use the Software solely as intended. All rights not granted are reserved.
  • 2.3 Content License. You grant us a worldwide, non-exclusive, royalty-free license to use your content solely to provide the Software.
  • 2.4 Fees. Fees are non-refundable. Subscriptions auto-renew annually. Non-payment may result in suspension.
  • 2.5 Security. We use industry practices to protect data, but absolute security is not guaranteed.

3. Restrictions

  • 3.1 Access. Each user ID/password is for one person only.
  • 3.2 Usage. You may not copy, reverse engineer, or use the Software to build competing services.

4. Warranties

  • 4.1 Uptime. We aim for 99.9% uptime excluding exceptions.
  • 4.2 Disclaimer. We disclaim all implied warranties.
  • 4.3 Remedy. You may terminate the Agreement within 30 days for qualifying uptime breaches.

5. Updates and Upgrades

  • 5.1 Updates. Provided at our discretion and included.
  • 5.2 Upgrades. May require new terms and fees.
  • 5.3 Migration. May require additional fees for access to new versions.

6. Term and Termination

  • 6.1 Term. Begins upon first use and continues until terminated.
  • 6.2 Termination. Either party may terminate with notice. We may terminate for breach or legal risk.
  • 6.3 Effect. You must delete all copies of Software. We will delete your content.

7. Limitation of Liability

We are not liable for indirect or consequential damages. Our total liability is capped at the fees you paid in the last six months.

8. Indemnification

You agree to indemnify BrightCalendar and its staff for claims related to your content or use of the Software.

9. Confidentiality

Both parties will protect confidential information. Obligations continue post-termination. Exceptions apply for public knowledge and legal disclosures.

10. Publicity

You permit BrightCalendar to list your name and logo as a customer in marketing materials.

11. General Provisions

  • 11.1 Governing Law. Florida law applies. Disputes will be handled in Miami-Dade County, FL.
  • 11.2 Severability. If a provision is invalid, others remain effective.
  • 11.3 Export Control. You agree to follow export laws.
  • 11.4 Force Majeure. Neither party is liable for uncontrollable events.
  • 11.5 Notice. Notices may be sent by email or certified mail.
  • 11.6 Assignment. You may not assign this Agreement without our consent.
  • 11.7 Waiver. A waiver of one breach does not waive future breaches.
  • 11.8 Entire Agreement. This is the full agreement between the parties.

Contact: support@brightcalendar.com