Terms & Conditions

Brilliant Labs - Terms of Service

Date Last Updated: October 30, 2025

Acceptance and Consent to the Terms of Service

Brilliant Labs Pte. Ltd. (UEN: 202316146G), a company incorporated under the laws of Singapore (“Brilliant,” “Company,” “we,” “us,” or “our”), provides its products, services, and related content through its AI smart glasses devices (including Halo, Frame, Monocle, and any successor models), its embedded AI agent and platform services (including Noa and any successor services), mobile applications available through app stores and distribution platforms, accessories, and related technologies (including updates, enhancements, or new features or functionality), as well as through its website located at https://brilliant.xyz/ and any other websites operated by Brilliant.

Access to and use of the Products and Services are subject to these Terms of Service (“Terms”), which may be updated from time to time. By accessing, browsing, or using any Brilliant Product or Service, you acknowledge that you have read, understood, and agree to comply with these Terms and the Privacy Policy. If you do not agree, you may not use the Products or Services.

Definitions

For purposes of these Terms:

“Product” means Brilliant’s AI smart glasses devices (including Halo, Frame, Monocle, and successor devices such as Monocle), the embedded AI agent and platform services (including Noa and any successor models), mobile applications distributed through current or future application stores and platforms (including the iOS App Store and Google Play Store), accessories and other physical goods, and all features, services, updates, and enhancements enabled by or associated with the foregoing, collectively.

“Service” means: (i) your use of, or access to, the Product; (ii) your use of, or access to, the website located at https://brilliant.xyz/ and any other websites operated by Brilliant, including their subdomains (collectively, the “Website”); (iii) all interfaces, graphics, designs, environments, compilations, information, data, computer code (whether source code or object code), products, software, services, and other materials and elements that Brilliant makes available for use through, or in connection with, a Product; (iv) all visual, audio, interactive, or other content made available in connection with any of the foregoing; (v) any other services available via the Website or made available by Brilliant for use in connection with a Product; (vi) the technology, software, networks (including third-party networks), and systems used to implement and provide access to the foregoing; and (vii) any updates, upgrades, enhancements, modifications, revisions, additions to, or new versions of the foregoing that Brilliant makes available.

Privacy Policy

Please review our Privacy Policy (available at https://brilliant.xyz/pages/privacy-policy) for information about how we collect, use, and disclose personal data. By using any Product or Service, you consent to the practices described in the Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY. By subscribing to or using any Product or Service, you affirm that you have reviewed and agree to be legally bound by the Terms of Service and Privacy Policy, as well as any applicable laws, rules, or regulations. If you do not agree with any provision of these Terms or Privacy Policy, you should immediately discontinue your use of the Product and Service.

We reserve the right to amend or update portions of the Terms of Service and Privacy Policy at our discretion. If changes are made, they will be posted on this page, and the “last revised” date at the top of the page will be updated. In the event of significant updates, we will notify you through reasonable means, such as via the Service’s interface, a pop-up notice, or email communication. Continued use of the Product and Service after such changes take effect constitutes your acceptance of the revised Terms of Service and Privacy Policy. For this reason, we recommend that you periodically review this page to remain informed of any updates. If you do not agree to the current or updated Terms of Service or Privacy Policy, you must cease using the Product and Service.

Brilliant may, from time to time, release new versions of the Product and Service, or introduce new tools. products, services, features, functionalities for the Product and Service, which will be subject to these Terms and any future additional terms as may apply to such additional versions, tools, products, services, features, functionalities for the Product and Service, which further additional terms are incorporated by reference herein.

Important Notice – Arbitration and Dispute Resolution

THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE DISPUTES AND OTHER IMPORTANT PROVISIONS AFFECTING YOUR LEGAL RIGHTS. BY ACCEPTING THESE TERMS, YOU:

AGREE TO RESOLVE ANY DISPUTE WITH BRILLIANT THROUGH BINDING ARBITRATION, EXCEPT WHERE PROHIBITED BY LAW.
WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS, AND AGREE TO BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS.
UNDERSTAND THAT DISPUTES WILL NOT BE DECIDED BY A JUDGE OR JURY.

PLEASE REVIEW SECTION 9 (ARBITRATION AND DISPUTE RESOLUTION) FOR FULL DETAILS.

Acceptance of Terms

IF YOU FIND ANY PROVISION OF THESE TERMS, OR ANY FUTURE CHANGES OR AMENDMENTS, UNACCEPTABLE, DO NOT USE OR CONTINUE TO USE THE PRODUCT OR SERVICE. YOUR CONTINUED USE AFTER ANY NOTICE OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE MODIFIED TERMS.

BY ACCESSING OR USING ANY PRODUCT OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, INCLUDING ANY ADDITIONAL TERMS (AS DEFINED BELOW). IF YOU DO NOT AGREE OR ARE NOT ELIGIBLE TO AGREE, YOU MAY NOT USE OR PURCHASE ANY PRODUCT OR SERVICE.

1. USE OF THE PRODUCT AND SERVICE

1.1 RIGHT TO USE THE PRODUCT AND SERVICE

The Company hereby grants you a limited, non-exclusive, revocable, royalty-free, non- transferable, non-assignable, non-sublicensable, right and license to access and make personal use of (i) the Product and Service, and (ii) any content, materials, information, text, data, copyrights, Trademarks (defined herein), images, photos, musical compositions, sound recordings, screenshots, videos, posts, graphics, identifying marks, software, and other original works of authorship or intellectual property uploaded to, or incorporated into, the Product or the Service by or on behalf of the Company (collectively, “Content”), solely as permitted by the tools, products, services, functionalities and/or features made available to users of the Product or Service, subject in all respects to these Terms, and not for redistribution of any kind (the “Limited License”). This Limited License does not include any resale or commercial use of the Product or Service, or any Content, and all Content is and shall remain the sole and exclusive property of the Company (or the applicable third-party licensor thereof), in perpetuity, throughout the universe, in any and all languages and media now known or hereafter discovered.

As between any User and Company, the Company is and retains all right, title and interest in and to the Product and Service, in perpetuity, throughout the universe, in any and all languages and media now known or hereafter discovered, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, customer reviews and feedbacks, HTML, look and feel, software, and data, including all intellectual property rights in the mobile applications and physical products, (ii) all business processes, procedures, methods, and techniques used in the Product and Service, (iii) all other materials and content uploaded or incorporated into the Product and Service, including, without limitation, all Content, (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world; and (v) the coordination, selection, arrangement and enhancement of the Website pages, mobile applications, physical products, and the Content incorporated therein as a Collective Work under the United States Copyright Act, as amended (collectively, “Company IP”), and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Company IP other than the express license granted therein pursuant to these Terms. Company IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.

The Company trademarks, service marks, logos, designs, and insignia (the “Company Trademarks”) used and displayed on the Product and Service are Company’s registered and unregistered trademarks or service marks. As applicable, other product and service names located on the Product and Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with the Company Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage Company or any applicable third-party owner thereof, Company’s or any third- party’s products or services (including, without limitation, the Product and Service), or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from the Product and Service without Company’s prior express written consent. All goodwill generated from the use of any Trademark will inure solely to the benefit of Company or the applicable third-party owner thereof.

Violation of this Section 1.3 may result in infringement of intellectual property and contractual rights of Company, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

1.2. ELIGIBILITY

You must be at least 18 years old to use the Product and Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you are and will continue to be capable of entering into a legally binding contract; (c) you have not previously been suspended or removed from use of the Product or Service, and (d) your registration and your use of the Product and Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms, and you agree to be bound by these Terms.

1.3 ACCOUNTS AND REGISTRATION

You may sign up for an account with Brilliant to use the Product and Service. When you register for an account, you may be required to provide us with some information, including your email address. You agree that the information provided to us is accurate, and you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account, login information, and passwords for your account, and you accept responsibility for all activities that occur under your account. If you believe your account is no longer secure, you must immediately notify the Company by sending an email to hello@brilliant.xyz.

1.5 RESTRICTIONS AND PROHIBITED USE

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONDUCT WHILE ACCESSING OR USING THE PRODUCT AND SERVICE, AND FOR ANY CONSEQUENCES THEREOF. YOU AGREE TO USE THE PRODUCT AND SERVICE ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY APPLICABLE LAWS OR REGULATIONS.

You may not use, modify, reproduce, duplicate, copy, publish, distribute, download, sell, resell, transform, redesign, reconfigure, retransmit, or otherwise exploit any portion of the Product or Service for any purpose except as permitted by the tools, products, services, functionalities, and features made available to users, or without the prior written consent of the Company or the applicable third-party rights holder. The Limited License, which includes access to the Product and Service, is granted subject to these Terms.

Without limiting the foregoing, you may not engage in any of the following activities while accessing or using the Product or Service:

A. Actions that pose physical harm, safety risks, or serious violations of law

a) Using the Product or Service while driving, operating heavy machinery, or performing any activity that requires full attention or may compromise safety.

b) Using the Product or Service for life-sustaining medical care without proper authorization.

c) Promoting, facilitating, or engaging in illegal activities or providing instructions for unlawful acts.

d) Using the Product or Service for unauthorized surveillance, stalking, or location tracking.

e) Uploading or distributing unlawful, obscene, harassing, abusive, or otherwise harmful content.

f) Engaging in or promoting industries or services that are prohibited by law, including:

Arms trading or military equipment
Illegal drug-related activities
Unauthorized money transmission
Predatory lending, fraudulent investments, or deceptive business practices
Unauthorized gambling or adult entertainment
Soliciting personal information from minors

B. Actions that harm Brilliant, its users, or system integrity

(a) Circumventing security measures or attempting to access source code or proprietary components.

(b) Reverse-engineering, decompiling, or attempting to discover underlying models, algorithms, or systems.

(d) Accessing other users’ accounts or data without authorization.

(e) Uploading or distributing materials containing viruses, malware, spyware, or other harmful code.

(f) Using bots, scrapers, or automated tools to collect or exploit data except as expressly permitted.

(g) Interfering with system performance, communications, or security features.

(h) Monitoring service performance or availability for competitive purposes.

(i) Removing copyright, trademark, or proprietary notices.

(j) Creating or attempting to create competing products or services.

(k) Using any AI-generated content from the Service to train or develop competing AI models.

C. Misuse of the Product or Service

(a) Using or exporting the Product or Service in violation of export control laws.

(b) Restricting or interfering with other users’ ability to use and enjoy the Product or Service.

(d) Framing, mirroring, or embedding the Product or Service in other products without authorization.

(e) Systematically downloading or storing Service content without permission.

(f) Collecting or harvesting information about users without authorization.

(g) Using the Product or Service to mislead, impersonate, or deceive others.

(h) Engaging in unauthorized SIM-related manipulation or network modifications.

(i) Reselling products or services without authorization.

D. Other restrictions

(a) Using the Product or Service for any purpose that violates local, state, national, or international law.
(b) Engaging in or aiding any conduct that the Company reasonably determines to be abusive, harmful, or otherwise inconsistent with the intent of these Terms.

The above restrictions are not exhaustive and are in addition to any other applicable restrictions that are set forth in any Additional Terms (as defined below).

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, suspending or terminating your access to and use of the Product or Service, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to you, including, but not limited to traffic information.

We also reserve the right, in our sole discretion, to seek and obtain any other remedies, including injunctive relief, available to us pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms or any other act or omission by you that gives rise to a claim by Company.

1.5 BIOMETRIC DATA AND RECORDING NOTICE

YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCT AND RELATED SERVICES MAY COLLECT, TRANSMIT, OR OTHERWISE PROCESS AUDIO, VIDEO, ENVIRONMENTAL, OR BIOMETRIC INFORMATION AS PART OF ITS OPERATION. SUCH PROCESSING OCCURS TO ENABLE FEATURES INCLUDING, BUT NOT LIMITED TO, IMAGE OR VOICE-BASED INTERACTIONS, SECURITY, PERFORMANCE, AND USER EXPERIENCE IMPROVEMENTS. THE COLLECTION AND USE OF THIS INFORMATION ARE GOVERNED BY BRILLIANT’S PRIVACY POLICY. WHERE REQUIRED BY APPLICABLE LAW, BRILLIANT WILL REQUEST YOUR CONSENT BEFORE PROCESSING PERSONAL OR BIOMETRIC DATA. BY USING THE PRODUCT, YOU AGREE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL RECORDING, SURVEILLANCE, AND PRIVACY LAWS IN YOUR JURISDICTION AND FOR OBTAINING ANY NECESSARY CONSENTS FROM OTHER INDIVIDUALS WHO MAY BE RECORDED OR CAPTURED WHEN THE PRODUCT IS USED.

1.6 MODIFICATION, SUSPENSION, AND TERMINATION

Brilliant does not and cannot guarantee that, as of the date of your acceptance of these Terms or at any time in the future, all functionality is available with respect to the Service or any one or more elements of the Service, including the purchased Product. We reserve the right, at any time, to modify, limit, or discontinue any and all features of (a) any Product or element thereof, or (b) the Service, or any part or element of the foregoing, temporarily or permanently, without notice to you. We may, at any time, suspend or terminate your right to use the Product and Service, including access to your account or data. Brilliant will have no liability for any change to any part of the Service (including a Product) or any suspension or termination of your access to or use of the Product and Service. Unauthorized modifications to hardware products will void the Limited Warranty.

2. OWNERSHIP; THIRD PARTY SOFTWARE AND SERVICES

The Product and Service contain our proprietary information and Intellectual Property rights. Brilliant grants you a limited license to allow you to access and use the Product and Service, so long as you continue to comply with these Terms.

2.1 OWNERSHIP; PROPRIETARY RIGHTS

The Product and Service are owned and operated by Brilliant (or its third-party licensors and suppliers) and contain materials and subject matter protected by copyrights, patents, trade secrets, trademarks, or other intellectual property rights (collectively, “Intellectual Property”) of Brilliant. These Terms do not grant you any ownership interest in or to the Product or Service, including any Intellectual Property rights, but only a limited right of use that can be revoked according to these Terms. Brilliant and its licensors reserve all rights, including all Intellectual Property rights, not granted expressly to you under these Terms.

2.2 TRADEMARK RIGHTS

All Trademarks displayed on the Product, on the Website, or used in connection with the Service are owned by the Company or are the property of their respective owners. You may not use any of our Trademarks in connection with a product or service that is not provided by the Company, in any manner not expressly authorized by us, or in a way that is likely to cause confusion, mistake, or deception regarding the source, ownership, or affiliation of Brilliant’s Trademarks. Nothing contained in the Product, the Service, or the Website shall be construed as granting any right or license to use any Trademark without the express prior written consent of the owner.

2.3. THIRD-PARTY SERVICES; THIRD-PARTY SOFTWARE; THIRD-PARTY NOTICES AND COMMUNICATIONS

The Product and Service may include access to, or use of, third-party services (“Third-Party Services”). Third Party Services may include third-party content, third-party integrated API service providers, or links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Product and Service as well as any advertisements displayed in connection therewith) that are not owned or controlled by Company (collectively, “Third-Party Content”). We may share limited data with service providers, affiliates, and partners who process information on our behalf under contractual restrictions limiting their use to authorized purposes, as described in our Privacy Policy. Company does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, or products or services. Brilliant does not make any representations or warranties with respect to any Third-Party Content and all use thereof is provided on an “as is” and “as available” basis and your use thereof is at your own risk. Inclusion of any Third-Party Content on the Product or Service does not constitute or indicate Company’s endorsement thereof and Company shall not be liable or responsible for any Third-Party Content transmitted through the Product or Service. You shall be subject to any additional terms and conditions of use, guidelines, rules, or governance protocols applicable to any Third-Party Content that you access or otherwise interact with through the Product or Service (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms. You acknowledge and agree that Company will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with your use of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, the Company encourages you to be aware when you leave the Product and Service and/or access or otherwise interact with Third-Party Content via the Product and Service and to read the terms and conditions of use and privacy policies associated with any such Third-Party Content. Brilliant is not responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the access to or use of any Third-Party Services.

Some Products operate within an open-source software environment. Approved third-party developers may build applications for use with Products in accordance with Brilliant’s published technical documentation. Brilliant does not currently operate a public developer marketplace or SDK access program. If such programs are introduced, Brilliant will determine the applicable terms and data-access conditions, which will be communicated or published as required by applicable law and reflected in an updated Privacy Policy or Terms of Service, as appropriate.

Third-party applications you install or use with Products are governed by their own terms of service and privacy policies. Brilliant is not responsible for, and does not control, the data practices or security measures of independent developers or third-party applications.

Any portion of the Product or Service that constitutes third-party software (“Third-Party Software”) is licensed to you subject to the terms and conditions of the software license agreements governing such Third-Party Software. If you would like a list of software provided under a public license (“Open-Source Software”) that is included as part of the Third-Party Software, please email hello@brilliant.xyz for further assistance. Please note, the list of Open- Source Software is subject to updates from time to time.

The Company disclaims all liability for any communications directed to you from any third-party, directly or indirectly, in connection with the Product and/or Service (“Third-Party Communications”) that you may receive, and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.

By using the Product and/or the Service (including the Website), you expressly release and hold harmless the Company from any and all liability arising from your interaction with any Third-Party Communications and access or use of Third-Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Content on the Product or Service or the failure of such Third-Party Content to function as intended. It is your sole responsibility to evaluate the content and usefulness of the information obtained from Third-Party Content.

We may share data with service providers, affiliates, and partners who process data on our behalf under contractual restrictions limiting their use to authorized purposes. Any such sharing will be handled in accordance with our Privacy Policy.

3. USER CONTENT AND FEEDBACK

3.1 GENERAL

You and other visitors to or users of the Product and Service may create, record, generate, upload, post, or otherwise make available certain photos, videos, media, and other content and files (“User Content”) through, or in connection with, the Product and Service. Brilliant has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of User Content or any loss of any User Content, including how other users may use or interact with your User Content, or for other users’ User Content. You agree not to submit any information or other materials that you consider to be confidential or proprietary or that violate the law or others’ rights through, or in connection with, the use of the Product and Service. If you choose to make any personally identifiable or other information publicly available through the Product and/or the Service (including the Website), you do so at your own risk. Due to the nature of our Services and artificial intelligence generally, AI-Generated Content may not be unique and other users may receive similar AI-Generated Content from our Services. We may use Content to provide, maintain, develop, and improve our Services.

3.2 OWNERSHIP

For purposes of clarity, you retain ownership of your User Content. We need certain permissions from you to use the User Content to provide the Product and Service and for certain other specified purposes. Specifically, for any User Content, you hereby grant to us a worldwide, royalty-free, fully paid-up, perpetual, sublicensable (through multiple tiers), and non-exclusive license, without any additional consideration to you or any third party, to reproduce, adapt, distribute, publish, display, prepare derivative works of, and use such User Content for the following purposes: (a) to provide you with the Product and Service, fulfill your requests, and improve the Product and Service; (b) to ensure that our suppliers, vendors, service providers, and third-party partners can provide certain Product and Service functionalities to you; (c) for legal, safety, or security reasons, including to prevent fraud, to enforce these Terms and for other compliance reasons; (d) for any other purpose for which you give your express consent, and (e) to train and improve our artificial intelligence models and machine learning systems that power the Product and Service, provided such use ordinarily involves de-identified or aggregated data unless additional consent is obtained or applicable law permits otherwise; and (f) for any other purposes disclosed in our Privacy Policy, as updated from time to time. Use of User Content under this Section 3.2 will be handled in accordance with our Privacy Policy.

3.3 FEEDBACK

In addition, if you choose to provide us with any input, ideas, proposals, suggestions, or feedback (“Feedback”), whether related to the Product or Service or otherwise, such Feedback will be deemed User Content and the above terms regarding User Content will apply. You agree that you provide all Feedback to us on a non-confidential basis (regardless of any designation or indication to the contrary in the submitted information or any accompanying correspondence). You hereby grant Brilliant an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty free right to use and exploit the Feedback in any manner and for any purpose, including to improve the Product and Service and to create new products and services. Your provision of such Feedback does not place any restrictions on Brilliant, including any fiduciary or other obligation.

3.4 NO DUTY TO MONITOR

We may (but have no obligation to) monitor, evaluate, alter, or remove User Content before or after they appear on the Product or Service, or analyze your access to or use of the Product or Service. Subject to our Privacy Policy, we may disclose information regarding your access to and use of the Product and Service, and the circumstances surrounding such access and use, to any third party for legitimate reason or purpose.

3.5 REPRESENTATIONS

YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT YOU SUBMIT AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS). YOU REPRESENT, WARRANT, AND COVENANT THAT: (a) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT, OR OTHERWISE AUTHORIZED TO GRANT US THE ABOVE LICENSE TO SUCH USER CONTENT; (b) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS; AND (c) THE USER CONTENT IS NOT FRAUDULENT, TORTIOUS, OR OTHERWISE IN VIOLATION OF ANY LAW. YOU FURTHER IRREVOCABLY WAIVE ANY “MORAL RIGHTS” OR OTHER RIGHTS WITH RESPECT TO ATTRIBUTION OF AUTHORSHIP OR INTEGRITY OF MATERIALS REGARDING THE USER CONTENT THAT YOU MAY HAVE UNDER ANY APPLICABLE LAW UNDER ANY LEGAL THEORY.

4. ASSUMPTION OF RISK; NO PROFESSIONAL ADVICE

If you have purchased any Product, you hereby acknowledge and agree that you have read, and shall comply with, the user instructions provided with any such Product. You understand that using the Product and Service may involve certain hazards and risks, whether known or unknown, including injury or damage caused by natural causes or the acts of others, whether as a result of negligence or otherwise. To the fullest extent permitted by law, you voluntarily assume all risk of loss, damage, or injury to yourself or your property arising from or related to your use of the Product and Service.

You hereby waive and release Brilliant and its affiliates, subsidiaries, and each of their respective officers, directors, employees, contractors, and agents (together, the “Brilliant Entities”), to the fullest extent permitted by law, from any claim, action, suit, or demand (each, a “Claim”) arising out of, or in connection with, the use of the Product and Service, including any physical injury or death. You acknowledge that none of the Brilliant Entities will have or incur any obligation or liability to you under any legal theory (including negligence) as a result of your use of the Product and Service. You agree that this release is binding upon you and your heirs, executors, administrators, successors, and assignees.

IF YOU ARE A CALIFORNIA RESIDENT, THE FOREGOING RELEASE IS INTENDED TO APPLY TO ALL CLAIMS NOT KNOWN OR SUSPECTED TO EXIST, WITH THE INTENT OF WAIVING, IF APPLICABLE, THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542 (WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”) AND OTHER ANALOGOUS LAWS OR LEGAL PRINCIPLES OF ANY JURISDICTION REQUIRING THE INTENT TO RELEASE FUTURE UNKNOWN CLAIMS. IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

No Professional Advice

The Product and Service are not intended to provide medical, legal, financial, or other professional advice, diagnosis, treatment, or services. You acknowledge and agree that: (a) Brilliant is not a healthcare provider, law firm, financial institution, real estate brokerage, or licensed advisor of any kind; (b) The Product and Service, including any recommendations, insights, or information (personalized or otherwise), may not be appropriate for your specific circumstances and do not replace consultation with qualified professionals; (c) You are solely responsible for seeking medical, legal, financial, real estate, or other professional advice before acting on any information provided through the Product or Service; and (d) Brilliant is not responsible for any results, decisions, or consequences arising from your reliance on information obtained through the Product or Service.

NOTHING STATED, POSTED, OR MADE AVAILABLE THROUGH THE PRODUCT, WEBSITE, OR SERVICE IS INTENDED TO CONSTITUTE, AND MUST NOT BE RELIED UPON AS, THE PRACTICE OF MEDICINE, NURSING, MENTAL HEALTH CARE, NUTRITION, PHYSICAL THERAPY, LAW, FINANCIAL PLANNING, ACCOUNTING, TAX PREPARATION, WEALTH MANAGEMENT, INVESTMENT ADVICE, INSURANCE BROKERAGE, REAL ESTATE, OR ANY OTHER LICENSED OR REGULATED PROFESSIONAL SERVICE. THE PRODUCT AND SERVICE ARE CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, BRILLIANT MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THEIR ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PURPOSE. DEVELOPMENTS IN MEDICAL, LEGAL, FINANCIAL, AND RELATED FIELDS MAY AFFECT THE INFORMATION MADE AVAILABLE THROUGH THE PRODUCT AND SERVICE, AND NO ASSURANCE CAN BE GIVEN THAT SUCH INFORMATION WILL ALWAYS REFLECT THE MOST CURRENT FINDINGS, RESEARCH, OR DEVELOPMENTS.

5. DISCLAIMERS; NO WARRANTIES

5.1 NO WARRANTY FOR THIRD-PARTY COMPONENTS

The Product may be manufactured, in whole or in part, by one or more third parties. Accordingly, the Company makes no warranties of any kind with respect to the Products, whether supplied or manufactured by the Company or by any third party, except for any statutory rights that may apply to defective Products. Hardware defects that are covered by applicable statutory rights will be addressed in accordance with the procedures made available by the Company from time to time. In the event of any inconsistency between these Terms and applicable statutory warranty obligations, those statutory obligations shall prevail with respect to hardware defects.

5.2 WARRANTY DISCLAIMER

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, BRILLIANT PRODUCTS AND THE SERVICE, AND EACH ELEMENT OF THE PRODUCT AND SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRILLIANT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PRODUCT AND SERVICE (INCLUDING ALL PRODUCTS, MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCT AND SERVICE), INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BRILLIANT DOES NOT WARRANT THAT THE PRODUCT AND SERVICE (INCLUDING ANY PRODUCT OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PRODUCT AND SERVICE), OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BRILLIANT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

5.3 USE OF THE PRODUCT AND SERVICE IS AT YOUR RISK

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PRODUCT AND SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PRODUCT AND SERVICE) OR ANY BRILLIANT ENTITY, WILL CREATE ANY WARRANTY REGARDING THE PRODUCT AND SERVICE OR BY SUCH BRILLIANT ENTITY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PRODUCT OR SERVICE, OR YOUR USE OF THE PRODUCT OR SERVICE. YOUR USE OF THE PRODUCT AND SERVICE (INCLUDING ANY PRODUCT), IN WHOLE OR PART, IS AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE AND COMPUTER SYSTEM USED IN CONNECTION WITH THE PRODUCT AND SERVICE) OR ANY LOSS OF DATA RESULTING THEREFROM.

5.4 DISCLAIMER OF ACCURACY

You understand and agree that the Product and the Service incorporates the evolving technology of artificial intelligence (“AI”), including machine learning, and one or more large language models (“LLM”) developed by us or other third-parties (the “AI-Generated Content”). Given the rapid evolving nature in the field of AI, we cannot guarantee that AI-Generated Content or feedback when you use our Product and the Service will be accurate, reliable, appropriate, or complete, and you understand that the AI-Generated Content or answers may not always be accurate or true. We cannot guarantee that answers or other AI-Generated Content from any Product and the Service will be accurate, reliable, appropriate, or complete. Brilliant continually refines these systems to improve performance, but the Product and Service are provided “as is” without warrant. It is your obligation to verify the accuracy and appropriateness of any answers or other AI-Generated Content and to use your own human judgment, particularly when it involves matters having a legal or material impact on you, such as health, medical, legal, education, safety, insurance, financial, housing, or employment matters. Do not rely on any Product or the Service as a substitute for professional advice. You should not rely on AI-Generated Content from our Product and Services as a sole source of truth or factual information. You must evaluate AI-Generated Content for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing AI-Generated Content from the Product and Services. You must not use any AI-Generated Content relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. Our Product and Services may provide incomplete, incorrect, or offensive AI-Generated Content that does not represent our views. Artificial intelligence and machine learning are rapidly evolving fields of study, and we are constantly working to improve our Product and Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Product and Services may, in some situations, result in AI-Generated Content that does not accurately reflect real people, places, or facts.

BRILLIANT PRODUCTS AND THE SERVICE SHOULD NEVER BE USED TO DIAGNOSE, PREVENT, TREAT, OR CURE ANY HEALTH CONDITIONS OR FOR ANY OTHER MEDICAL PURPOSE, NOR SHOULD YOU RELY ON ANY ANSWERS OR AI-GENERATED CONTENT FROM BRILLIANT PRODUCTS RELATED TO, BY WAY OF EXAMPLE, AND INCLUDING, WITHOUT LIMITATION, MEDICAL, HEALTH, NUTRITIONAL, LEGAL, EDUCATION, SAFETY, FINANCIAL, HOUSING, INSURANCE, OR EMPLOYMENT MATTERS.

WE DISCLAIM ANY RESPONSIBLITY OR LIABILITY FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON ANY ANSWERS OR OTHER AI-GENERATED CONTENT FROM BRILLIANT PRODUCTS OR THE SERVICE, AND YOU ACCEPT AND AGREE THAT ANY USE OF ANSWERS OR OTHER AI-GENERATED CONTENT FROM OUR PRODUCTS AND THE SERVICE IS AT YOUR SOLE RISK, AND YOU WILL NOT RELY ON ANSWERS OR AI-GENERATED CONTENT AS A SOLE SOURCE OF TRUE OR FACTUAL INFORMATION OR AS A SUBSTITUTE FOR ANY KIND OF PROFESSIONAL ADVICE.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. BRILLIANT DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT BRILLIANT IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

6. LIMITATION OF LIABILITY

6.1 NO INDIRECT DAMAGES AND AGGREGATE LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRILLIANT OR ANY BRILLIANT ENTITY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT, WEBSITE, OR SERVICE (INCLUDING ANY MATERIALS OR CONTENT ON THE SERVICE OR PRODUCT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH BRILLIANT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

YOUR USE OF THE PRODUCT OR THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PRODUCT AND THE SERVICE ARE 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 AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTNESS, COMPLETENESS, OR RELIABILITY OF THE PRODUCT, WEBSITE, ANY IP OR CONTENT, OR MATERIAL PROVIDED THROUGH THE PRODUCT OR THE SERVICE, OR THIRD-PARTY CONTENT LINKED TO THE PRODUCT OR THE SERVICE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR AI-GENERATED CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PRODUCT OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE PRODUCT, WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY BRILLIANT ENTITIES WARRANT THAT ACCESS TO THE PRODUCT OR SERVICE WILL BE UNINTERRUPTED OR THAT THE PRODUCT AND SERVICE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT, WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PRODUCT OR SERVICE. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OR PRODUCT IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY, BRILLIANT ENTITIES, AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU, AS APPLICABLE, WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

UNDER NO CIRCUMSTANCES WILL BRILLIANT OR BRILLIANT ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE PRODUCT AND SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY BRILLIANT ENTITY IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS ($100.00) OR (II) THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PRODUCT, WEBSITE AND THE SERVICE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD NOT BE ABLE TO PROVIDE THE PRODUCT, WEBSITE AND THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.

6.2 RISK ALLOCATION

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

7. INDEMNITY

To the fullest extent permitted by applicable law, you agree to defend (at our election), indemnify, and hold harmless Brilliant, its Affiliates, and each of their respective officers, directors, employees, consultants, contractors, subsidiaries, advisors, and agents (collectively, the “Brilliant Entities”) from and against every Claim brought by a third party, and any related liability, damage, loss, expense, settlements, and judgments of whatever kind (including reasonable attorneys’ fees and costs, the cost of enforcing any right to indemnification hereunder, and the cost of pursuing any insurance providers) arising out of, or in connection with: (a) the use of the Product or Service by you or under your account; (b) your violation of any portion of these Terms, any representation, warranty, covenant, or agreement referenced in these Terms, or any applicable law; (c) your violation of any third- party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party; or (e) your inclusion of PII or sensitive information within the Product or Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. “Affiliate” means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party.

8. GOVERNING LAW, DISPUTE RESOLUTION AND ARBITRATION

81 GOVERNING LAW

THESE TERMS, AND ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE PRODUCTS OR SERVICES, OR THEIR PERFORMANCE, INTERPRETATION, OR BREACH, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SINGAPORE, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES OR ANY RULE THAT WOULD RESULT IN THE APPLICATION OF ANOTHER JURISDICTION’S LAWS.

8.2 SIAC ARBITRATION

PLEASE READ THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH BRILLIANT THROUGH BINDING ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE OR INCONSISTENT WITH APPLICABLE CONSUMER PROTECTION LAWS IN YOUR JURISDICTION, THAT PROVISION WILL BE DEEMED SEVERED, AND THE REMAINDER OF THIS ARBITRATION AGREEMENT WILL REMAIN VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCTS AND SERVICES, INCLUDING THEIR INTERPRETATION, PERFORMANCE, BREACH, OR TERMINATION, SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION ADMINISTERED BY THE SINGAPORE INTERNATIONAL ARBITRATION CENTRE (SIAC) IN ACCORDANCE WITH THE ARBITRATION RULES OF THE SIAC FOR THE TIME BEING IN FORCE, WHICH RULES ARE DEEMED INCORPORATED BY REFERENCE INTO THIS CLAUSE.

THE SEAT OF ARBITRATION SHALL BE SINGAPORE, AND THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE BEFORE A SOLE ARBITRATOR APPOINTED IN ACCORDANCE WITH THE SIAC RULES. THE GOVERNING LAW OF THE ARBITRATION AGREEMENT SHALL BE SINGAPORE LAW.

EACH PARTY SHALL BEAR ITS OWN LEGAL FEES AND EXPENSES UNLESS THE ARBITRAL TRIBUNAL DETERMINES OTHERWISE IN ITS AWARD. THE TRIBUNAL SHALL HAVE AUTHORITY TO ALLOCATE COSTS AND FEES IN ACCORDANCE WITH THE SIAC RULES AND MAY GRANT ANY RELIEF OR REMEDY THAT A COURT OF COMPETENT JURISDICTION COULD HAVE AWARDED, INCLUDING EQUITABLE OR INJUNCTIVE RELIEF. THE ARBITRAL AWARD SHALL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BRILLIANT WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

8.3 APPLICABILITY

This Arbitration Agreement applies to all disputes arising out of or relating to these Terms, the Products, or the Services, whether in contract, tort, statute, or otherwise. Either party may seek interim or conservatory measures from the courts of Singapore prior to or during the arbitration, without affecting the tribunal’s jurisdiction.

8.4 VENUE

Subject to this Section 9, you and Brilliant irrevocably submit to the non-exclusive jurisdiction of the courts of Singapore for any proceedings ancillary to the arbitration or where court proceedings are otherwise permitted under these Terms.

8.5 INJUNCTIVE RELIEF

Nothing in this Section 9 will prevent either party from seeking interim injunctive relief against the other party, subject to Section 9.2. Without limitation or avoidance of doubt, any breach of intellectual property rights under this agreement would be deemed irreparable harm and the parties agree that such breach would be appropriately remedied by injunctive relief.

8.6 CONSUMER PROTECTION RIGHTS

To the extent any provision of this Section 9 is found to be unenforceable or contrary to mandatory consumer-protection law in your jurisdiction, such provision shall be construed or severed to the minimum extent necessary to comply with such law, without affecting the validity or enforceability of the remaining provisions.

8.7 ENFORCEABILITY

If any part or parts of this Section 9 on dispute resolution and arbitration are found under law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Section on arbitration shall continue in full force and effect.

8.8 CONFIDENTIALITY

Except as required by law or for the enforcement of an arbitral award, neither a party nor the arbitral tribunal shall disclose the existence, content, or results of any arbitration under this Section 9 without the prior written consent of both parties. Disclosure may be made to legal or professional advisers subject to confidentiality obligations. Nothing in this Section limits your right to raise concerns or lodge complaints with any competent data-protection or consumer-protection authority under applicable law.

9. MISCELLANEOUS

9.1 GENERAL TERMS

These Terms, together with the Additional Terms, are the entire and exclusive understanding and agreement between you and Brilliant regarding your use of the Product and Service. No amendment to or waiver of these Terms shall be valid unless in writing and signed by an authorized representative of Brilliant. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempt by you to do so if void. We may assign these Terms at any time without notice or consent. Failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. We shall not be liable for any failure or delay in performance under these Terms, including the Additional Terms, for causes beyond our reasonable control. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to,” the word “or” is not exclusive and shall have the meaning commonly ascribed to the term “and/or,” and the singular includes the plural and vice versa.

9.2 TERM; TERMINATION

These Terms become binding on you on the date you accept these Terms or first download, install, access or use the Product, Website and/or the Service, and shall continue so long as you have an account with us or continue to use the Product and Service, unless earlier terminated in accordance with these Terms.

If you violate any provision of these Terms, you are no longer authorized to use the Product and Service. In addition, Brilliant may, at its sole discretion for any reason or no reason, and with or without notice: (i) terminate these Terms; (ii) suspend, disable, or terminate your access to the Product and Service; (iii) suspend, disable, or delete your Brilliant account (or any part thereof); or (iv) block or remove any User Content that you submitted.

9.3 EFFECT OF TERMINATION/ACCOUNT DELETION

Upon termination of these Terms, (i) your license rights will terminate and you must immediately cease all use of the Product and Service; (ii) you will no longer be authorized to access the Product and Service; and (iii) Sections 2.3, 3, 4, 5, 6, 7 8, and 9 will survive. In the event of account deletion for any reason, your User Content may no longer be available, and Brilliant is not responsible for the deletion or loss of any such User Content.

9.4 GENERAL PAYMENT TERMS; PRICE

Brilliant reserves the right to determine the price of the Product and the Service. Return and refund rights for hardware products are governed by Brilliant's Limited Warranty. Brilliant will make reasonable efforts to keep up to date pricing information published on the Product and Service. Brilliant may change the price of any Product or fees for any feature of the Service, including additional fees and charges, if Brilliant provides advance notice of such changes before they apply. Brilliant, in its sole discretion, may make promotional offers with different features and different pricing to any Brilliant customer.

9.5 ADDITIONAL TERMS

These Terms hereby incorporate by this reference any additional terms, conditions, policies, rules, or guidelines posted by Brilliant through the Product and Service, or otherwise made available to you by Brilliant (collectively, the “Additional Terms”). In the event of a conflict between the Additional Terms and these Terms, these Terms will control. The Additional Terms include Brilliant’s Privacy Policy. However, where a conflict relates to how personal information is collected, used, or protected, the Privacy Policy will govern.

9.6 CONSENT TO ELECTRONIC COMMUNICATIONS

By using the Product and Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

9.7 CONTACT INFORMATION

The Product and Service is offered by Brilliant with the following contact information:

Brilliant Labs Private Limited
68 Circular Road #02-01, 049422, Singapore
Email: hello@brilliant.xyz

For privacy-related inquiries or to exercise privacy rights, contact: hello@brilliant.xyz

9.8 NO SUPPORT

We are under no obligation to provide support for the Product, Website, any Product or the Service. In instances where we may offer support, the support will be subject to Brilliant’s published policies and in our sole discretion.

9.9 ERRORS, INACCURACIES, OMISSIONS

With respect to information Brilliant controls regarding its own Product and Service, Brilliant attempts to be as accurate as possible and eliminate errors on the Product, Website and in the Service. However, there may be information on the Product and Service that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. If a Product offered through the Product or Service is not as described or pictured, your sole remedy is to return it in accordance with Brilliant’s return policy.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel an orders if any information on the Product or Service is inaccurate at any time without prior notice (including after you have placed an order through the Product or Service), and your sole remedy in the event of such error is to cancel your Order.

9.10 RESALE NOT AUTHORIZED

The purchase of a Product for the purpose of selling or reselling to third parties, other than by authorized resellers approved by the Company, is not authorized by Brilliant. The Product and the Service is solely intended for use by you, the original purchaser or the original gift recipient of the Product.

9.11 COPYRIGHT INFRINGEMENT CLAIMS

We comply with the provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) as applicable to internet service providers. DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Product or the Service infringe your copyright, you (or your agent) may send a “Notification of Claimed Infringement” to Brilliant at the address listed in Section 9.7 (Contact Information), attention: Copyright Agent.

Please review Section 512 of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512 of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on the Product or Service is infringing, you may be liable to Brilliant for certain costs and damages. Your Notification of Claimed Infringement may be shared by Brilliant with the user alleged to have infringed a right you own or control, and you consent to Brilliant making such disclosure. You should consult with your legal advisor or carefully review Section 512 to confirm your obligations to provide a valid Notice of Claimed Infringement.

9.12 SEVERABILITY

The provisions of these Terms are intended to be interpreted in a manner that makes them valid, legal, and enforceable. If any provision is found to be partially or wholly invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable and the remainder of these Terms shall continue in full force and effect.

9.15 NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210, in order to resolve a complaint regarding the Product or The Service.

Terms & Conditions

Stay up to date with Brilliant Labs