Last updated December 2023
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
By accessing brightnest.app, our mobile app “BrightNest,” or any related service (collectively the “Service”), you enter into a binding contract with Brainwave D.O.O. (“BrightNest,” “we,” “us”). If you do not agree to these Terms, do not use the Service.
Supplemental terms displayed in the Service are incorporated by reference. We may update these Terms at any time; the “Last updated” date tells you when changes took effect. Continuing to use the Service after an update means you accept the revised Terms.
The Service is aimed at users aged 18 or older. You are responsible for obeying any laws that apply where you live or from which you access the Service.
2. INTELLECTUAL PROPERTY
All site code, designs, audio, text, images, and trademarks (the “Content”) belong to BrightNest or our licensors and are protected by global intellectual-property laws. You may view and print Content strictly for personal, non-commercial use. Any other exploitation (copying, selling, public display, reverse-engineering, etc.) requires our written consent.
3. USER COMMITMENTS
By using the Service you confirm that you (a) have legal capacity, (b) are not a minor where you live, (c) will supply accurate information, (d) will not use bots or automation, and (e) will comply with all applicable laws.
4. PROHIBITED CONDUCT
You agree not to, among other things: harvest data; upload malware; infringe IP rights; harass others; misuse support channels; bypass security; interfere with server performance; or use the Service for unauthorised commercial purposes.
5. USER CONTRIBUTIONS
If the Service lets you post text, audio, images, or other material (“Contributions”), you must own the rights in that material and ensure it is lawful, non-infringing, and respectful. You remain liable for your Contributions. We may remove anything that breaches these Terms.
6. LICENCE FOR CONTRIBUTIONS
You grant BrightNest a worldwide, royalty-free right to store, display, and distribute your Contributions within the Service and for associated promotional purposes.
7. MOBILE-APP LICENCE
We give you a revocable, non-exclusive, non-transferable licence to install and use the BrightNest app on your personal device. You must not decompile, modify, resell, or distribute the app or make it available on a shared network. Apple App Store and Google Play are third-party beneficiaries of this clause.
8. IDEAS & FEEDBACK
Suggestions you send us are voluntary and may be used by BrightNest without obligation or compensation.
9. THIRD-PARTY LINKS & CONTENT
We do not control third-party websites or content linked from the Service and take no responsibility for them. Interactions with third-party sites are solely between you and the relevant provider.
10. ADVERTISING
Advertisers are wholly responsible for their ads and any goods or services offered through them. We merely provide the placement space.
11. SITE ADMINISTRATION
We may monitor the Service, remove content, block users, or take other actions needed to protect BrightNest, users, and the integrity of the platform.
12. PRIVACY NOTICE
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms.
13. TERM & TERMINATION
These Terms apply while you use the Service. We may suspend or terminate your access at any time and for any reason, including violations of these Terms or applicable law.
14. CHANGES & DOWNTIME
We may alter, suspend, or discontinue any part of the Service without notice. We are not liable for unavailability, data loss, or delays caused by maintenance, outages, or forces beyond our control.
15. GOVERNING LAW
These Terms are governed by the laws of North Macedonia. If you are an EU consumer, you also enjoy any mandatory protections afforded by your local laws.
16. DISPUTE RESOLUTION
The European Commission’s Online Dispute Resolution portal is available at ec.europa.eu/consumers/odr. BrightNest prefers to resolve issues directly—please contact us first.
17. CORRECTIONS
The Service may contain errors or omissions. We may correct or update information at any time without notice.
18. DISCLAIMER
The Service is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Use the Service at your own risk.
19. LIMITATION OF LIABILITY
To the fullest extent permitted by law, BrightNest will not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use.
20. INDEMNITY
You agree to defend and hold BrightNest (and associated parties) harmless from any claims or losses arising out of your use of the Service or violation of these Terms.
21. USER DATA
You are responsible for backing up data you store or transmit through the Service. BrightNest is not liable for loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS
You consent to receive notices and disclosures electronically and to sign agreements electronically. Electronic records satisfy any legal writing requirement.
23. CALIFORNIA NOTICE
California residents may contact the state’s Consumer Affairs unit at 1625 North Market Blvd., Sacramento CA 95834, or +1 (800) 952-5210.
24. MISCELLANEOUS
These Terms constitute the entire agreement between you and BrightNest. If any part is deemed unenforceable, the rest remains in effect. We may assign our rights and obligations at any time.
25. CONTACT US
Brainwave D.O.O.
Veselin Vuevski 7
1300 Kumanovo, North Macedonia
legal@brightnest.app