Terms of Use

Introduction

Welcome to Brilliant, a professional desktop design tool for macOS, Windows and Linux ("App"). The App is a desktop application that includes features such as auto-layout, components, vector editing, and built-in AI capabilities for creating and modifying designs. Brilliant also offers a cloud publishing service that lets you publish design projects under a public handle, share and discover work, and collaborate (the "Platform"), available through our website, the App, and a command-line tool (the "CLI"). The App, the Platform and the CLI were developed and are owned and operated by Brilliant Design Ltd. ("Company" or "we", "us", "our"). Unless stated otherwise, references in these Terms to the "App" include the Platform and the CLI.

These Terms of Use (the "Terms") form a binding agreement between you and the Company, and they govern your use of the App, the Platform, the CLI and our website, available at www.brilliant.design ("Website").

Please read these Terms carefully before using our App or the Website. By using our App or the Website, you indicate that you accept and agree to these Terms and to the Privacy Policy, which is an integral part of them. If you do not agree to these Terms in their entirety, you must not use the App or the Website.

You must be at least 13 years old to use the App and the Website. If you live in the European Economic Area or the United Kingdom, you must also have reached the age at which you can consent to the processing of your personal data in your country (up to 16, depending on the member state); below that age, a parent or legal guardian must agree to these Terms and consent on your behalf. We do not knowingly allow anyone below these ages to use the App or the Website.

These Terms may be amended from time to time. If a change is material, we will post the updated Terms on our Website with an effective date at least 30 days after the posting date, and we will also make efforts to proactively notify you of the change. Changes that are not material (for example, clarifications, corrections, or terms for newly released features that do not reduce your rights) become effective on the date they are posted. If you continue to use the App after the effective date of a change, you indicate that you accept the updated Terms. If you do not agree to a change, you may stop using the App and terminate these Terms prior to the effective date.

Contact us

If you have any questions, comments or concerns regarding these Terms, please email us at legal@brilliant.design.

Use of the App and Website

General. Subject to these Terms, we grant you a limited, non-exclusive, worldwide, non-sublicensable, non-transferrable and revocable license to access and use the App for your personal or professional purposes. You may use the App on multiple devices without restriction under these Terms. Use of the App is generally free of charge; however, certain features and subscription tiers may require payment, as further detailed under the Subscriptions and Payment section below.

You may also browse our Website for your personal use, free of charge.

App activation. To use of the App, you must activate it by providing us with your email address (and, if you purchase a paid subscription, your payment details). You must submit only true, accurate and complete details. False, incorrect or outdated information may impair our ability to activate the App for you and to contact you when necessary.

You are solely responsible and liable for all activities you or anyone on your behalf perform on the App.

Restrictions. When using our App or the Website, you must comply with these Terms and adhere to any applicable law. You may not –

• Attempt to circumvent, bypass or deactivate security or protection measures of the App and the Website;
• Use our App and the Website in order to develop or create an application, service or any other product similar to, or competing with, the App and the Website;
• Attempt to compromise information security on our App and the Website or in any network or server used by us, attempt to uncover information security vulnerabilities, or attempt to engage in any form of probing, scanning, crawling, robotic navigating or hacking of the App and the Website;
• Attempt to access the App and the Website, download any information or use any information in our App and the Website, through an automated or mechanized process. This restriction does not apply to accessing public Projects on the Platform through git, the CLI, or our documented interfaces, subject to our rate limits, the “No scraping or AI training by others” provision below, and these Terms;
• Attempt to activate or access features or capabilities that are undocumented, not ordinarily accessible or deactivated in the App and the Website;
• Attempt to engage in reverse-engineering, disassembling or decompiling of the App and the Website;
• Attempt to burden or interfere with the operation of the systems used in the operation of our App and the Website;
• Attempt to integrate the App and the Website, or any part thereof, into any application, webpage, or any other way;
• Use the App and the Website in any manner that may give rise to a criminal offense, civil tort, infringement or violation of applicable laws or the rights of any third party;

Artificial Intelligence (AI) Features

General. The App includes AI-powered features that allow you to create and edit designs using natural language, by interacting with third-party AI models, agents or tools that are made available through the App, such as those provided by Anthropic, OpenAI and Google ("Third-Party AI Agents"). Your interactions will be referred to as "Input", and any responses generated by Third-Party AI Agents on the App will be referred to as "Output".

Use of Third-Party AI Agents will be subject to their own terms and conditions and may also be subject to U.S. export control laws. You are solely responsible for complying with such terms and laws. WE DO NOT OPERATE OR CONTROL THIRD-PARTY AI AGENTS, INCLUDING THEIR AVAILABILITY, PERFORMANCE, RELIABILITY AND RATE LIMITS, AND CANNOT GUARANTEE THEY WILL ALWAYS BE AVAILABLE AND OPERATE UNINTERRUPTEDLY.

Capabilities and Permissions. The Third-Party AI Agents can read the contents of your design files; create, modify and delete design elements; capture screenshots of your design; and export your designs.

Depending on the permissions you set in the App, the Third-Party AI Agents may also access files stored locally, run commands, execute scripts or code, and more. Some of those actions may be difficult or impossible to reverse (such as deleting files, overwriting data, pushing code to remote repositories, or submitting network requests). Some of these actions may be taken without your active confirmation.

YOU ARE SOLELY RESPONSIBLE FOR ASSESSING WHICH PERMISSIONS ARE APPROPRIATE FOR YOUR NEEDS AND FOR SETTING THOSE PERMISSIONS ACCORDINGLY, AND FOR REVIEWING AND APPROVING ANY ACTION REQUESTS (WHERE RELEVANT).

Bring Your Own Key (BYOK). Use of Third-Party AI Agents on the App works by connecting your own accounts with supported third-party providers (through API keys, or other credentials the provider supports). Your Input is transmitted directly from your device to the third-party provider you selected. It is not transmitted through our servers, and your keys and credentials are stored only on your device. You may disconnect BYOK access or revoke credentials at any time through the App's settings or through your account with the relevant provider; removing a credential deletes it from your device. In this usage model, you have a direct relationship with the Third-Party AI Agent provider, which the Company is not a party to. YOU ARE SOLELY RESPONSIBLE FOR YOUR RELATIONSHIP WITH THE PROVIDER AND ANY APPLICABLE LIMITATIONS, INCLUDING COMPLIANCE WITH THE PROVIDER'S TERMS AND CONDITIONS AND PAYMENT OF ANY FEES THE PROVIDER CHARGES YOU.

To operate subscription tiers and their usage limits, we record usage counts (such as the number of AI messages and token counts). These counts contain none of your Input or Output. We may offer additional usage models in the future; if we do, we will describe them here and in our Privacy Policy before they take effect.

The App also includes an on-device model used for certain commands ("Local AI"). When Local AI is used, processing occurs entirely on your device, and no data (personal or otherwise) is transferred to external servers.

Your Input. You are solely responsible for the Inputs you submit. By submitting Inputs, you represent and warrant that: (a) you have all rights, licenses and permissions necessary for us to process those Inputs under these Terms to provide the App and its functionalities to you; and (b) your Inputs will not: (i) violate any law or regulation; (ii) threaten, harass, defame, bully, or otherwise harm others, or promote self-harm; (iii) generate or disseminate any content that is hateful, discriminatory, sexually exploitative or violent; (iv) include any deceptive or fraudulent content, or constitute phishing or a scam; (v) violate or infringe, or lead to the violation or infringement of, the rights of third parties, including (without limitation) the right to privacy and intellectual property rights; (vi) compromise the security of the systems used by us, or by the third-party providers or any other third party; (vii) constitute spam; or (viii) instruct the AI Agent to take actions on systems, accounts, repositories, or services without authorization, or in violation of third-party terms and conditions.

Responsibilities and Warranties. Artificial Intelligence (AI) and Machine Learning (ML) are evolving technologies and may therefore produce incorrect, incomplete, or misleading Outputs. In addition, due to the nature of AI and ML technologies, Outputs may not be unique or exclusive to you, and similar or identical Outputs may be generated for other users of the App or of the Third-Party AI Agent. We do not guarantee that any Output will be original or non-infringing. YOU MUST INDEPENDENTLY REVIEW AND VERIFY OUTPUTS BEFORE USING THEM OR RELYING ON THEM. USE OF AND RELIANCE ON ANY OUTPUT GENERATED BY THIRD-PARTY AI AGENTS ON THE APP, IS AT YOUR OWN RISK.

By using the App, you acknowledge and agree that –

• You must secure any credentials, keys and tokens that may be accessible by Third-Party AI Agents.
• Network requests initiated by Third-Party AI Agents originate from your device and use your network identity (including your IP address). You must ensure that any request for access to websites, APIs, or services you initiate, complies with applicable law and applicable terms and conditions.
• You are solely responsible for reviewing and validating any packages or dependencies the Third-Party AI Agent installs or imposes (for example, via npm, pip, or similar tools) before using them.

The Brilliant Platform

What the Platform is. The Platform lets you publish design projects under a personal namespace (your “handle”) at brilliant.design. A published project (“Project”) contains the design files you choose to publish, any assets embedded in or committed alongside them (such as images and font files), and the Project's full version history. The Platform also supports publishing smaller shareable pieces (“Drops”), which likewise contain the design content you publish and any assets embedded in it, as well as starring work you like and following other users. The Platform is built on git: you can interact with your Projects through the App, the CLI, or any standard git client, and content you push is treated identically regardless of which tool you use.

Projects are public by default. Projects and Drops you publish are public by default. Anyone on the internet can view a public Project, browse its full version history, and download (clone) its complete contents, including all past versions, without an account, and can view and download the contents of a public Drop. Certain paid plans include the option to make a Project private. Do not publish anything you are not comfortable making public. The stars you give and the users you follow are also public.

Version history. The Platform retains the full checkpoint history of each Project. Publishing a new version does not remove earlier versions: content included in any checkpoint remains available in that Project's history until the Project itself is deleted. If you accidentally publish something sensitive, removing it in a new checkpoint is not enough; delete the Project (see Deletion below) and treat the content as having been exposed.

Your handle and profile. Your handle is your public namespace on the Platform (brilliant.design/your-handle). A handle is generated automatically for your account as a random word pair; it is not derived from your name or email address, and you can change it. Your profile page is public and shows your handle, display name, avatar, bio, links, member number, public Projects and Drops, stars, and follows. When you change your handle, links to your previous handle continue to redirect to your new one until the old handle is claimed by someone else, and for 30 days only you can reclaim it.

Live collaboration. When you collaborate live in a Project session, the other signed-in participants see your display name or handle, your avatar, and an assigned cursor color. The Project owner controls who may join and edit. A live session's operations and its materialized state are written to the Project's saved history as part of providing collaboration, and a session ends after a period of inactivity.

Your content and license to us. You retain all rights, title and interest in and to the content you publish to the Platform. Publishing to the Platform is your choice to share that content with us. So that we can operate the Platform, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, distribute, publicly display and transmit the content you publish, including its version history, for the purposes of operating and providing the Platform. This includes serving your public Projects to anyone who views or clones them. By choosing to publish, you also grant us permission to use the content you publish to improve, develop and enhance our products and services, including training our own models. (This is different from content you keep only on your own device using the App, which we never use for any purpose; see our Privacy Policy.) This license ends when your content is permanently deleted from the Platform, except that (a) we cannot recall copies that others viewed, downloaded or cloned while your content was public, and (b) content may persist for a limited period in backups and caches.

License to other users. Publishing a public Project makes it viewable and cloneable by anyone, but does not by itself grant other users any license to reuse your content beyond viewing and downloading it. If you want to grant reuse rights, include a license file in your Project. You are responsible for respecting the rights of others in content you download from the Platform.

No scraping or AI training by others. Public Projects are published for people to view and clone, not for bulk harvesting. You may not, and you may not permit or enable any third party to, use automated means to scrape or collect Platform content in bulk, and, for the avoidance of doubt, no third party, including any provider of artificial intelligence or machine-learning systems, may use content hosted on the Platform to train, fine-tune or develop AI models. We may enforce this through technical measures and rate limits. This restriction on others does not limit the Company, which reserves the right to use public Platform content, including to train and improve its own models and services, as described in the license above.

Acceptable use. In addition to the Restrictions above, you may not publish to the Platform any content that: (a) infringes or misappropriates the intellectual property or other rights of any third party; (b) contains personal information of others without their consent; (c) is unlawful, hateful, harassing, sexually exploitative, or promotes violence or self-harm; (d) contains malware, or is designed to phish, deceive or defraud; (e) constitutes spam, or uses the Platform primarily as a general-purpose file host or content delivery network for non-design content; (f) violates applicable export control or sanctions laws; or (g) includes a font file that you do not have a license to redistribute. You represent and warrant that you have all rights necessary to publish and redistribute the content you publish, including any fonts, images and other assets embedded in or committed to your Projects and Drops. Publishing a font file makes it downloadable by anyone, and many commercial font licenses do not permit redistribution of font files.

Removal and enforcement. We may remove or disable access to content that we reasonably believe violates these Terms or applicable law, and we may suspend or terminate Platform access for violations, consistent with the Termination section. To report content that you believe violates these Terms or your rights, contact us at legal@brilliant.design with a description of the content, its location on the Platform, and the basis of your claim.

Copyright claims. If you believe content on the Platform infringes a copyright you own or control, send a notice to legal@brilliant.design that includes: (a) identification of the copyrighted work you claim is infringed; (b) identification of the material you claim is infringing and its location on the Platform (a link to the Project, Drop or file); (c) your name, address, telephone number and email address; (d) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Upon receiving a notice that substantially complies with these requirements, we will promptly remove or disable access to the identified material and notify the user who published it. Brilliant has a designated agent registered with the U.S. Copyright Office to receive copyright infringement notices.

Counter notices. If your content was removed following a copyright notice and you believe the removal was a mistake or the material was misidentified, you may send a counter notice to legal@brilliant.design that includes: (a) identification of the removed material and its location on the Platform before removal; (b) a statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; (c) your name, address, telephone number and email address; (d) a statement that you consent to the jurisdiction of the courts at your address and that you will accept service of process from the person who submitted the original notice or their agent; and (e) your physical or electronic signature. We will forward a valid counter notice to the person who submitted the original notice. Unless they notify us within 10 to 14 business days that they have filed a court action seeking to restrain the alleged infringement, we may restore the removed material.

Repeat infringers; misuse of this process. We will, in appropriate circumstances, terminate the accounts of users who repeatedly infringe the intellectual property rights of others. Knowingly submitting a materially false notice or counter notice may make you liable for damages, including our or the affected user's costs and attorneys' fees.

EU point of contact. For the purposes of the EU Digital Services Act, our single point of contact for member state authorities, the European Commission, the European Board for Digital Services, and for recipients of the service is legal@brilliant.design. You can communicate with us in English or Hebrew.

Deletion. You can delete a Project or Drop at any time. Deletion makes it immediately inaccessible to everyone, and it is permanently deleted from our systems within 30 days. Deleting a Project deletes its entire version history. Deletion cannot undo public exposure: copies that other people made while the content was public (including clones of its full history), and copies held in third-party caches, are outside our control.

Your responsibility; keep your own copies. You are solely responsible for the content you publish and for your actions on the Platform. The Platform is provided on the same “as is” and “as available” basis as the App and the Website, as described in the Disclaimers section. You are responsible for keeping your own copies of your work; the App and the CLI keep a full local copy of each Project you work on. To the maximum extent permitted by applicable law, we are not liable for any loss or corruption of, or failure to store, content on the Platform.

Updates and Upgrades

From time to time, we may (but are not obligated to) –

• Release App updates. We will determine the scope and frequency of updates in our sole discretion. All updates to the App are included in your license, free of charge. When we release a general commercial update, we will notify you of the update and allow you to download and install it.
• Provide you with the option to upgrade the App with additional capabilities and features, as part of our ongoing development of the App. Upgrades may be provided at no charge or at an additional charge, to some or all of our users (based on their subscription tier), in our sole discretion.

Subscriptions and Payment

Payment. The basic tier of the App is provided to you free of charge, subject to these Terms. Other subscription tiers and certain features of the App are subject to payment of a fee, in the amounts presented on our Website. Payment is available through the methods presented during checkout. We reserve the right to add or change, from time to time, the available subscription tiers and App features, and the fees associated with them. We will notify you of such changes at least 30 days in advance. If your payment fails, we will notify you and provide a reasonable grace period (at least 7 days) to update your payment method before suspending access to subscription features.

Plan limits. The free tier includes 2 GB of Platform storage; paid personal plans include 50 GB. If you need more, an optional storage add-on adds 50 GB per unit for $5 per month per unit, billed together with your subscription and prorated when you change the quantity; the add-on requires an active paid personal subscription. Storage limits are enforced only by refusing new uploads once you are over your limit, never by deleting your content. The free tier also includes 10 messages per day in the App's built-in AI chat; work you drive through MCP or an external agent is unlimited and is not counted against this cap.

Note that your payment is processed by an external service provider, and not by us. Therefore, it may be subject to commissions charged by external service providers, in accordance with these external service providers' terms of use. You will bear sole liability for paying those commissions.

Automatic Renewal. Unless you provide us with a cancellation notice before the end of the then-current subscription cycle, your subscription will automatically renew for successive subscription cycles of the same length (each, a "Renewal Term"). Unless otherwise stated at the time of purchase, the fees applicable to each Renewal Term will be charged at the then-current rates using your selected payment method, and you authorize us to process such charges.

Cancellation and refund. You may cancel your subscription at any time from your account's billing settings, or by writing to billing@brilliant.design. The cancellation will take effect following the end of the then-current subscription term and you will not be eligible for any refunds, except for a pro-rated refund of any fees actually paid in advance for periods following the termination of the subscription cycle.

Notwithstanding the forgoing, you may be eligible for refund in the following cases:

• If you are an individual who is a resident of the EU, you have the right to cancel your subscription within 14 days of purchasing a subscription plan, by submitting a withdrawal request at billing@brilliant.design, specifying your name, address, and the date you purchased the subscription. Upon receipt of your withdrawal request, we will immediately block your access to the App. We will also provide you with a refund of the subscription fee you paid within 14 days of receiving your withdrawal request.
• If you are an individual who is a resident of the State of Israel, you have the right to cancel your subscription at any time by submitting a cancellation request at billing@brilliant.design. We will cancel your subscription within 3 business days and provide you with a pro-rated refund of the fees you paid in advance for the period following the effective date of the cancellation (if any). If you cancel your subscription within 14 days of initially purchasing it, we will refund you the full subscription fee you paid, less a cancellation fee in the amount of 5% of the transaction price or NIS 100 (whichever is lower), unless we are not allowed by law to charge a cancellation fee.

Downgrades. If your paid subscription ends, is canceled, or lapses, nothing you created is deleted. Any private Projects and Drops remain private and become view-only for you: you can still open, read and export them, but you cannot save new content to them until you re-subscribe or make them public. Access you had granted to collaborators on those private Projects and Drops is suspended while you are unpaid. Content stored above the free storage limit stays stored and served; only new uploads are refused until you are back under the limit. If you were using a short handle, it is released after a 30-day redirect window, during which links continue to redirect and only you can reclaim it, and your account reverts to the reserved handle it held before you claimed the short one. Re-subscribing, or making a Project or Drop public, restores editing.

Team plans

A Team plan is a subscription purchased by an individual or legal entity (the “Team Admin”) that allocates seats to email addresses designated by the Team Admin.

The Team Admin is responsible for: representing and warranting that they have authority to assign seats to the email addresses they invite, including obtaining any consent or providing any notice required under applicable employment, data protection, or other law in their jurisdiction; managing seats, roles, billing, and cancellation for the Team; and payment of all fees and applicable taxes for the Team plan.

By accepting membership on a Team (by signing in with an email that has been added to a Team), you acknowledge that the Team Admin may see information about your use of the App as described in our Privacy Policy, including aggregate usage counts associated with your seat. The Team Admin does not have access to the content of your designs or conversations with AI agents.

If the Team subscription is canceled, lapses, or your seat is removed by the Team Admin, your access to Brilliant under the Team plan ends. Your individual account and the content created under it remain with you. If we have provided a grace period after cancellation, access continues until the end of that period as shown in the Team Admin portal.

Data Processing Addendum. Our Data Processing Addendum (the “DPA”), available at /legal/dpa, is incorporated into and forms part of these Terms for all Team plans. By purchasing a Team plan, the Team Admin, on behalf of their organization, accepts the DPA. The current list of subprocessors referenced in the DPA is available at /legal/subprocessors. Customers that require a counter-signed version of the DPA may email legal@brilliant.design.

Intellectual property

Our intellectual property. All rights, title and interest in and to the Website and the App and any services associated therewith, including all content therein, and all patents, copyrights, trademarks, trade secrets and other intellectual property rights and any goodwill associated therewith, embodied therein or utilized by us in the operation of the Website and the App, are the exclusive property of the Company or our licensors. This includes our databases and the Website and the App's design, graphics, computer code, algorithms and "look and feel" (all together: "Proprietary Content").

Other than as expressly permitted in these Terms, you may not, either by yourself or by a third party on your behalf, copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of, the Proprietary Content or any part thereof, in any way or by any means.

Published specifications. We publish specifications for certain of our formats and languages, such as the Blueprint design language. Those specifications are published so that they can be implemented, and you may create and distribute your own independent implementation of a published specification, including for commercial purposes, without a license from us. This permission applies to the specification itself and to nothing else. It does not grant you any right in our software, and in particular you may not copy, host, redistribute, or incorporate into any product or service our application binaries, including our rendering engine and its WebAssembly build, whether or not those files are publicly accessible.

You may not use any name, mark or logo that is similar to our marks and logos. You must refrain from any action or omission that may dilute or damage our goodwill.

Your intellectual property. You retain all rights, title and interest in and to, and own (i) any content you create using the App or provide the App with access to from your computer; (ii) your Inputs; and (iii) any Output you generate on the App. The foregoing is referred to collectively as "User Generated Content".

By using the App, you grant us a world-wide, royalty-free license to copy, store and otherwise use your User Generated Content solely to provide you with the App and its associated services. We do not use the design content you keep on your own device to train, develop or improve our products, and we do not retain it on our servers. To improve the App, we collect usage metadata (for example, which features are used and how AI features are used); this metadata contains none of your design content, and it is not associated with you or your account unless you turn on the “Share Detailed Usage Data” setting in the App. Content you choose to publish to the Platform is separate and is governed by “The Brilliant Platform” section above, which includes your grant of permission for us to use published content to improve our products.

Privacy

We respect your privacy. Our Privacy Policy explains our privacy practices. We encourage you to read it carefully.

Third Party Libraries and Extensions

Libraries and code components. The App may utilize third-party libraries and code components. We do not own or operate these libraries and code components. Use of third-party libraries and code components is subject to their own licenses.

Extensions. You may use the App with extensions that are available online. These extensions are not developed, owned or operated by us and we are not affiliated with their developers.

USE OF EXTENSIONS IS, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AT YOUR OWN RISK. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES YOU MAY INCUR AS A RESULT OF USING THE APP WITH EXTENSIONS.

Guarantee of Conformity

We are committed to providing you with the App in conformity with the descriptions of the App we provided to you, with any applicable standards, and as customary in similar industries. We also promise that the App will possess accessibility, quality, functionality, compatibility, interoperability, and other features, as required by our engagement.

We will keep you informed of and supplied with updates, including security updates, that are necessary to keep the App in conformity.

If you find any lack of conformity within the App, please contact us via email at legal@brilliant.design, and we will make efforts to cure such lack of conformity within a reasonable time.

Although efforts are made, if we find the lack of conformity unrepairable, considering the required resources and the nature of the App, you may terminate your agreement with us by ceasing to use the App and deleting it from your device.

Availability and changes to App and Website

Changes to App and Website. We may change, improve and adopt new features in our App and Website, such as by modifying the structure, layout, design or display, as well as the scope and availability of the App and Website, and any content therein, for the following purposes:

• To improve our services;
• To adapt to new technologies;
• To reflect changes in our agreements with others;
• To comply with legal or other requirements; and
• To prevent misuse of our App and Website and to enforce these Terms.

Changes to the App or the Website may result in glitches or cause inconvenience of some kind.

Brilliant is a young product under active development. Features may change, be added or be removed as the product evolves, and, despite our efforts, new versions may contain errors. We ship improvements frequently; the notice provisions above apply to material changes.

Please note that if we make changes that block or disrupt your ability to access or use the App, or if we materially change the way in which we offer the App, we will first provide you with a reasonable prior notice detailing these changes, the effective date of the changes, and your right to withdraw and terminate your relationship with us.

Availability. We will make efforts to have the App and the Website available and operate without errors, on a 24/7 basis. However, the availability, quality and functionality of the App and the Website depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free, and we do not warrant that the App or the Website will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times or immune from errors, glitches or unauthorized access.

Disclaimers and limitation of liability

THE APP, THE PLATFORM, THE CLI AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND OTHER THAN AS EXPRESSLY PROVIDED HEREIN, WE DO NOT PROVIDE, AND EXPRESSLY DISCLAIM, ALL ORAL OR WRITTEN WARRANTIES, STATEMENTS, REPRESENTATIONS OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, EXPECTED RESULT, QUALITY, TITLE, PERFORMANCE, SECURITY, OR COMPATIBILITY. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, WHETHER MADE BY THE COMPANY, A REPRESENTATIVE OR ANY THIRD PARTY, THAT IS NOT EXPRESSLY PROVIDED IN THESE TERMS, SHALL BE DEEMED TO BE WARRANTY BY THE COMPANY FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF THE COMPANY WHATSOEVER.

OTHER THAN ANY DETRIMENT CAUSED BY A LACK OF CONFORMITY OR A FAILURE TO SUPPLY AS EXPLAINED ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR "STAFF"), SHALL NOT BE LIABLE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS, CORRUPTION, DELETION OR FAILURE TO STORE ANY DATA OR CONTENT), COSTS, EXPENSES AND PAYMENTS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE APP, THE PLATFORM, THE CLI OR THE WEBSITE, THEIR USE (OR INABILITY TO USE THEM) AND RELIANCE THEREON, INCLUDING (WITHOUT LIMITATION) THE OUTPUTS AND THEIR ACCURACY, RELIABILITY, COMPLETENESS OR FITNESS FOR YOUR NEEDS, THE AVAILABILITY AND PERFORMANCE OF THIRD-PARTY AI AGENTS, CONTENT PUBLISHED BY OTHER USERS, AND THE SECURITY OF YOUR DEVICE AND API KEYS OR OAUTH TOKENS.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR OWN ACTIONS ON THE APP, THE PLATFORM, THE CLI AND THE WEBSITE, FOR THE CONTENT YOU CREATE AND PUBLISH, AND FOR MAINTAINING YOUR OWN BACKUP COPIES OF YOUR CONTENT AND DATA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION, DELETION OR FAILURE TO STORE ANY OF YOUR CONTENT OR DATA, WHETHER STORED LOCALLY ON YOUR DEVICE OR ON THE PLATFORM.

OTHER THAN IN THE CASE OF THE COMPANY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

Some jurisdictions do not permit the exclusion of implied warranties or the limitation or exclusion of certain types of damages. If those laws apply to you, some or all of the disclaimers and limitations of liability above may not apply.

Indemnity

You agree to indemnify and hold harmless the Company and our Staff, upon our request and at your own expense, from and against any damages, losses, costs, expenses and payments, including reasonable attorneys' fees and legal expenses, arising from any third party complaint, claim, plea, or demand in connection with your breach of any provision of, or representation in, these Terms or any applicable law, including, without limitation, claims regarding the infringement of third parties' intellectual property rights and claims arising from content you publish to the Platform.

If we seek indemnification, we will promptly notify you in writing and provide reasonable cooperation. You will have exclusive control over the defense and settlement, provided that any settlement entered into without our consent will impose no liability or obligation on us. We reserve the right to participate in the defense at our own expense with our own counsel.

Some jurisdictions do not allow certain indemnification obligations to be enforced against consumers. If those laws apply to you, this indemnity obligation will not apply to you, or will apply only to the extent permitted by applicable law.

Termination of these Terms

You may terminate these Terms at any time by permanently ceasing use of the App and deleting it from your device. Note that by cancelling your paid subscription plan you do not terminate these Terms in their entirety, but merely the paid subscription (and may continue to use the App with the free subscription tier). If you have published Projects or Drops to the Platform, ceasing to use the App does not delete them; delete them on the Platform if you no longer want them to be publicly available.

You may also delete your account entirely, at any time, from your account settings. Account deletion requires your confirmation. When you confirm, you are signed out of all devices and sessions, and your account data and any Projects and Drops you published are permanently deleted on the 30-day schedule described in “The Brilliant Platform” section. Deletion cannot recall copies that others made while your content was public.

We may block your access to, and terminate these Terms and your use of, the App, the Platform, the CLI or the Website, effective immediately upon sending a notice, if:

• You materially or repeatedly breach these Terms;
• We reasonably believe that your use of the App or the Website causes substantial harm or liability to us or to third parties, e.g. by hacking, spamming, misleading, or phishing;
• We are required to do so under applicable law or a court order.

In other cases, we may terminate these Terms only upon reasonable prior notice to you.

If we terminate your access for a breach of these Terms, we may also remove or disable access to content you published, subject to the deletion timelines described in “The Brilliant Platform” section.

Provisions in these Terms that by their nature should survive termination or expiration of these Terms, will so survive and remain in full force and effect following such termination or expiration, including, without limitation, the following sections: Privacy, Intellectual property, Disclaimers and Limitation of Liability, Governing Law and Jurisdiction.

Miscellaneous

Governing law and jurisdiction; Dispute resolution. These Terms shall be governed by the laws of the State of Israel, without reference to its conflict of laws rules. However, if your national laws in your place of residence provide you with more advantageous rules, such rules shall always prevail, and you can rely on them. If you are a consumer, nothing in these Terms deprives you of the protection of the mandatory provisions of the law of your country of residence, that is, the provisions that cannot be derogated from by agreement, and nothing in these Terms limits any right you may have to rely on them.

The parties agree that, before initiating any formal proceeding, they will attempt to resolve any dispute arising out of or relating to these Terms through informal negotiations in good faith, within 30 days. If the dispute is not resolved within this period, the parties agree that the sole and exclusive jurisdiction for any dispute arising out of or relating to the App or these Terms, lies within the courts of the Tel-Aviv-Jaffa district, Israel. However, if your national law provides that you may always choose to initiate legal proceedings in your country of residence, then that rule prevails.

Force Majeure. Except for your obligation to make payment of any fees for a paid subscription plan (where relevant), neither party shall be liable for any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, telecommunications outages, acts of God, war or military operation, terrorism, governmental action, or any other cause that is beyond the reasonable control of such party (each, a "Force Majeure Event"). If a Force Majeure Event persists for more than sixty (60) consecutive days, either party may terminate these Terms with immediate effect upon written notice to the other party.

Relationship. These Terms do not create any agency, partnership, employment, trustee, or other type of legal relationship between you and the Company, other than that of two independent contractual parties.

Entire Agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements regarding the App.

Assignment. You may not assign or delegate these Terms or any of your rights, performances, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void. In the event of a Company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party. Upon such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performances, duties, liabilities and obligations under these Terms.

Severability. These Terms constitute the entire and complete agreement between the parties concerning the subject matter herein and supersedes all prior oral or written statements, understandings, negotiations and representations with respect to the subject matter herein. If any provision of these Terms is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions will remain in full force and effect.

No Waiver. Neither party will, by mere lapse of time, without giving express notice thereof, be deemed to have waived any breach, by the other party, of any terms or provisions of these Terms. The waiver by either party of any such breach, will not be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.