Terms of Service

By signing up with Brilliency Incorporated (“Brilliency” “we” or “us”) for a Brilliant Efficiency account, and continuing to use the Core Brilliency Platform, you are acknowledging and agreeing to these Terms of Service and Privacy Policy, which can be found [click to access privacy policy]

Term and Termination. These Terms of Service shall take effect on the date you check the box "Yes, I agree to Brilliency's Terms of Service" and click "Create My Account" ("Effective Date"), and will continue in effect until you email apps@brilliency.com and request the deletion of your account. In addition, Brilliency reserves the right to delete your account if you breach any of your obligations under these Terms of Service and if you do not remedy the breach within ten (10) days of receiving written notice from Brilliency.

Definitions. “Core Brilliency Platform” means Brilliency's underlying, universal web site as presented online at www.Brilliency.com or through the mobile app, and all of the features, functionality, and information included therein. “Privacy Policy” means the Privacy Policy adopted by Brilliency, which can be found at the link referenced above.

Representations. Brilliency represents that it shall collect and use any personally identifying information in accordance with the Privacy Policy. Each party represents and warrants that it has the legal power and authority to agree to these Terms of Service, and will at all times comply with all laws, rules and regulations applicable to their business and dealings under these Terms of Service

Brilliency Rewards Points. Brilliency may provide Brilliency Rewards Points to individuals who complete questions. Such Points shall be redeemable for discounts or other offers from Brilliency Rewards Partners. These Points have no monetary value.

Intellectual Property. The Core Brilliency Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Brilliency, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Core Brilliency Platform for your personal, non-commercial use only. Except as expressly allowed by Brilliency, you must not, for any commercial purpose, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Core Brilliency Platform. The company name, Brilliency’s logo, all related names, logos, product and service names, designs, and slogans are trademarks of Brilliency or its affiliates or licensors. You must not use such marks without the prior written permission of Brilliency.

Prohibited Uses. You may use the Core Brilliency Platform only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Core Brilliency Platform: (i) In any way that violates any applicable law, rule or regulation, (ii) To send, knowingly receive, upload, download, use, or re-use any material that are illegal, disparaging, vulgar, or otherwise inappropriate, (iii) To transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation, (iv) To impersonate or attempt to impersonate Brilliency, its employees, another user, or any other person or entity, (v)  To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Core Brilliency Platform, or (vi) To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

User Contributions. The Core Brilliency Platform may contain interactive features to allow users to post, submit, publish, display, or transmit to Brilliency or other persons content or materials (collectively, "User Contributions") on or through the Core Brilliency Platform. All User Contributions must comply with these Terms of Service. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Brilliency, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Monitoring and Enforcement; Termination. We have the right to: (i) Remove or refuse to post any User Contributions for any or no reason in our sole discretion, (ii) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, (iii) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, (iv) Take appropriate legal action as is necessary, or (v) Terminate or suspend your access to all or part of the Core Brilliency Platform for violation of these Terms of Service.

However, we cannot review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Disclaimer of Warranties. THE CORE BREILLIENCY PLATFORM IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BRILLIENCY. ANY SUGGESTIONS OR TIPS MADE BY BRILLIENCY ARE MADE IN GOOD FAITH, BUT CANNOT BE RELIED UPON. BRILLIENCY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, SECURITY, ACCURACY OR COMPLETENESS OF THE ESTIMATES OF YOUR ENERGY AND/OR FINANCIAL SAVINGS THAT YOU WILL ACHIEVE BY USING BRILLIENCY'S SERVICE.

 BRILLIENCY DOES NOT REPRESENT OR WARRANT THAT ANY POINTS ACCRUED WILL BE ABLE TO BE REDEEMED FOR PRODUCTS AND/OR SERVICES OF ANY VALUE.

Limitation of Liability. IN NO EVENT SHALL BRILLIENCY'S AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE EXCEED WHAT YOU ACTUALLY PAID TO BRILLIENCY USING BRILLIENCY'S SERVICE IN THE PREVIOUS 3 MONTHS. IN NO EVENT SHALL BRILLIENCY AND/OR ANY OF ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH BRILLIENCY'S SERVICE, THE INABILITY TO REDEEM POINTS AT ANY BUSINESSES, AND ANY HARM OR INJURY RESULTING FROM YOU FOLLOWING SUGGESTIONS OR TIPS MADE BY BRILLIENCY, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CORE BRILLIENCY PLATFORM.

Updates or Amendments to these Terms of Service. These Terms of Service, any provision hereof, or any other documents incorporated by reference may be updated or amended at any time by Brilliency. Any such changes to these Terms of Service will be effective on the date that Brilliency posts the modified version of these Terms of Service on the Core Brilliency Platform or any Brilliency Platforms. Continued use of Brilliency's service after such changes have taken effect constitutes acceptance of all changes.

Last modified May 18, 2020