Brght.org ("Site") is operated by Assessly BV. ("Brght," "we," "us"), a Dutch company registered under KVK number 76121224, located at Kerkstraat 310, 1017 HC, Amsterdam, The Netherlands.
These Terms of Service, along with the referenced documents, govern your use of our Service and constitute a legally binding contract between you and Brght. For questions regarding these Terms, please contact [email protected].
By using the Service, you acknowledge that you understand and agree to be bound by these Terms, whether individually or on behalf of a company, business, or organization you represent. If you do not agree to these Terms, you may not access or use the Site or Service.
"Account" means a unique user account for our Service.
"Account Holder" refers to the organization or individual(s) named as the client on the Sign-up Form.
"Agreement" consists of these Terms of Service and other documents referenced herein.
"Candidate" refers to a person who accesses the Service to take a Test Session.
"Content" includes all text, information, materials, data, software, applications, images, audio, or video, as well as metadata relating to any such content, provided by us or you in relation to the Site.
"Initial Term" refers to the initial term of the Agreement as specified in the Sign-up Form.
"Paid Plan" refers to the paid Service you subscribe to by submitting your details and making payment via the Site or by completing and signing the Sign-up Form (or both).
"Policies" include the following documents displayed on the Site: Privacy Policy, Cookie Policy, and Data Processing Agreement.
"Service" refers to the intelligence test-taking service accessible through the Site.
"Sign-up Form" is the form you complete when subscribing to the Site.
"Task(s)" refers to exercises in the Test created by Brght.
"Test" is a set of tasks selected by Brght for the Candidate.
"Test Session" is an attempt made by a Candidate to solve a Test.
"You" refers to an Account Holder, their employees, agents, or anyone authorized by us to use the Service.
We may change these Terms at any time, and they will be effective 30 days after we provide notice or when you agree to the Changes, whichever comes first. Our Privacy Policy, Cookie Policy, and Data Processing Agreement are incorporated into these Terms. When using the Service, you're subject to additional posted guidelines or rules applicable to specific services, offers, and features.
We grant Account Holders and Candidates personal, non-exclusive, limited, and revocable licenses to use the Service according to these Terms.
We strive to keep the Service running smoothly, but it may be interrupted or temporarily unavailable. We're not liable for any unavailability and may suspend, withdraw, or change the Service without notice. The Service is provided "as-is" without warranties, guarantees, or representations. Testing is a statistical process with inherent randomness, and results may not accurately reflect reality.
We'll make reasonable efforts to notify you of planned maintenance and inform Account Holders of Test Sessions affected by unexpected downtime or discovered problems.
Termination of this Agreement doesn't affect any rights or liabilities accrued up to the date of termination or any provision that survives termination. We may terminate this Agreement or withdraw your rights to use the Service if you breach this Agreement or any applicable law. Upon termination, all licenses granted by us under these Terms will terminate, and your right to access and use the Service will end.
You are responsible for safeguarding your password and preventing unauthorized use of your account. Don't disclose your password to others. If you suspect unauthorized access, contact us at [email protected]. You are responsible for all activities under your account.
You cannot sell, transfer, or sublicense your access to the Service. You and others cannot use the Service unlawfully or for prohibited purposes, copy or modify the Service, use robots or other devices to access restricted parts of the site, reverse engineer the Service, or use the Service to compete with us. Don't interfere with the operation or enjoyment of the Service or attempt to gain unauthorized access to the Service.
While using the Service, comply with all applicable laws, rules, and regulations, be responsible for your actions and omissions, obtain and maintain necessary licenses and permissions, and ensure your network connections and systems comply with our specifications.
The Service is provided "as is" without warranties, and we and our suppliers and partners disclaim all warranties. We are not liable for any special, indirect, incidental, consequential, or exemplary damages resulting from your use of the Service. Our liability is limited to the fees you paid to us in the six months preceding the claim.
Account Holders must indemnify and hold us harmless from losses, damages, claims, liabilities, or expenses arising from your use of the Service, breach of these Terms, violation of any law, or infringement of third-party intellectual property rights.
We own or have licenses for all IP Rights in the Service, Site, and materials published on it, including test results. All rights are reserved, and no rights are granted or transferred except as expressly licensed under these Terms. Candidates remain the owner of their data.
We'll process data provided by you in accordance with our Privacy Policy and Data Processing Agreement. You're responsible for the accuracy and legality of any data or content. We're not liable for any data-related issues. You must ensure parties are informed and consent to personal information being processed according to our Privacy Policy and Data Processing Agreement. We'll forward data subject access requests to you.
You assign all rights to feedback and allow us to use it freely. You grant us the right to use your company name and logo for marketing purposes. Email [email protected] if you don't want to be listed as a reference.
Parties agree to protect disclosed confidential information. Recipient won't disclose Information of Discloser, except to those who need it for fulfilling obligations under these Terms of Service and are bound by confidentiality restrictions.
Notices must be sent to [email protected]. You can't transfer or assign this Agreement without our prior written consent. Failure to enforce provisions doesn't waive the right to enforce them. These Terms of Service are governed by Dutch law. Any cause of action arising from these Terms of Service must commence within one (1) year after the cause of action accrues, or it's permanently barred.
Last updated May 2023