01This agreement

These terms govern use of the Brillaince website and platform, operated by DAV Media. By using either, you agree to them. If you are agreeing on behalf of an organisation, you confirm you have the authority to bind it.

Where you have signed a separate order form, master services agreement or data processing agreement with us, that document takes precedence over these terms wherever the two conflict.

02The service

Brillaince collects publicly available content about a brand across press, social, video and AI assistants, analyses it, ranks what matters and drafts suggested responses. What is included depends on the plan on your order form.

We improve the platform continuously. We will not materially reduce the core functionality of a paid plan during a term without notice and, where the reduction is significant, the option to terminate and receive a pro-rated refund.

03Accounts and access

Accounts are for named individuals at your organisation. Credentials are not to be shared.
You are responsible for activity under your accounts and for telling us promptly if you suspect unauthorised access.
We may suspend access where there is a genuine security risk, a serious breach of these terms, or non-payment that has not been resolved after notice.

04Acceptable use

The platform exists to help organisations understand and respond to what is published about them. It is not to be used to do the following.

Monitor, profile or target private individuals, employees or activists as individuals rather than as commentators on a brand.
Harass, intimidate or retaliate against a journalist, creator or member of the public.
Build or enrich a dataset about individuals for sale, resale or advertising.
Reverse engineer, scrape or resell the platform, its outputs or its underlying data except as your plan expressly allows.
Break any law that applies to you, including data protection, defamation, competition and securities law.

We take this seriously. Accounts used this way are terminated, and we will say so plainly rather than quietly letting a contract lapse.

05Your data and your content

Your data stays yours. You grant us the licence we need to host, process and display it in order to run the service for you, and nothing beyond that.

We do not use one client's data to serve another, and workspaces are kept separate.
We do not use your data to train third-party models, and our providers are contractually barred from doing so.
On termination you can export your data, and we delete or return it in line with the data processing agreement.

06Third-party content and sources

Much of what the platform shows is content published by other people: news articles, social posts, videos and answers generated by AI assistants. We surface, deduplicate and analyse it. We did not write it.

We do not warrant the accuracy, completeness or legality of third-party content, and showing it is not endorsement.
Source availability changes. A provider can restrict or withdraw access, and coverage of any given source is not guaranteed for the life of a contract.
Rights in third-party content stay with the rights holder. Before republishing anything you find in the platform outside your organisation, check you have the right to.

07Analysis, drafts and AI output

The platform produces scores, rankings and drafted text automatically. These are inputs to a professional judgement, not a substitute for one.

Sentiment, relevance and severity are estimates. Where a figure is built on too little data we label it as thin rather than presenting it as confident.
Drafted statements, pitches and posts are starting points. You review, edit and approve everything before it goes anywhere, and you remain responsible for what you publish.
We report what AI assistants say about a brand and identify the sources feeding those answers. Nobody can guarantee what a model will say tomorrow, and we do not.
Nothing in the platform is legal, financial or investment advice.

08Fees and payment

Fees, currency, billing period and term are set out on your order form.
Invoices are payable within the period stated on them. Late payment may attract interest at the rate permitted by law.
Fees are exclusive of taxes, which are charged where applicable.
Except where these terms say otherwise, fees paid are non-refundable for the period already served.

09Confidentiality

Each of us may learn confidential information about the other. Each of us will protect it with at least reasonable care, use it only for the purpose of this agreement, and not disclose it except to people who need it and are under equivalent obligations. This does not apply to information that is public through no fault of the receiver, independently developed, or required to be disclosed by law.

10Warranties and disclaimers

We warrant that we will provide the service with reasonable skill and care, and in line with any service levels on your order form.

Beyond that, and to the extent the law allows, the service is provided as is. We do not warrant that it will be uninterrupted or error free, that every relevant mention will be captured, or that any particular commercial outcome will follow from using it. Coverage depends on sources we license from third parties.

11Limitation of liability

Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or anticipated savings.
Each party's total liability in any twelve-month period is capped at the fees paid or payable by you in that period.
Nothing in this section limits your obligation to pay fees properly due.

12Indemnity

You will indemnify us against claims arising from your use of the service in breach of these terms, in particular the acceptable use section, or from content you publish using material obtained through the platform.

We will indemnify you against third-party claims that the platform itself infringes their intellectual property, provided you tell us promptly and let us handle the defence.

13Term, termination and suspension

The term and renewal mechanics are on your order form.
Either party may terminate for material breach that is not remedied within 30 days of written notice.
Either party may terminate immediately on the other's insolvency.
On termination, access ends, you may export your data for 30 days, and we then delete or return it as agreed.

14Governing law

These terms are governed by the laws of India, and the courts of India have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

15Changes to these terms

We may update these terms. For material changes affecting a paid subscription we give at least 30 days' notice before they take effect for you, and if a change is materially adverse you may terminate before it applies and receive a pro-rated refund for the unused period.

Terms of Service