BrilCloud Service: Terms & Conditions

1. Introduction

Thanks for using BrilCloud. BrilCloud is a service provided by Briltime Corp., located 603, Hung Hom Commercial Centre, Tower A, 37-39 Ma Tau Wai Rd, Hung Hom, Kowloon, Hong Kong., extended in India by Briltime Asia (Global Franchisee), located 1B, Sanjana Apartments, 66B Carter Road, Bandra (w), Mumbai – 400050, Maharashtra, India.

BrilCloud Terms of Service (which we refer to as the “Terms”) cover your use of and access to BrilCloud and your content in BrilCloud. Our Privacy Policy explains how we collect and use your information while our Program Policies outline your responsibilities when using our Service.

Your use of BrilCloud requires that you agree to the Terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use BrilCloud.

2. Your use of BrilCloud

Age Restrictions: In order to use BrilCloud you must be 13 years of age or older. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use BrilCloud and to accept the Terms.

Personal Use: By accepting these terms, you agree not to use BrilCloud for business purposes; you must use the Drive service only for personal non-commercial purposes.

You will need an Email Account in order to use BrilCloud. To protect your BrilCloud Account, keep your password confidential. You are responsible for the activity that happens on or through your BrilCloud Account. Try not to reuse your BrilCloud Account password on third-party applications. If you learn of any unauthorized use of your password or BrilCloud Account, follow these instructions.

Your Conduct: Don't misuse BrilCloud. You may use BrilCloud only as permitted by law, including applicable export and re-export control laws and regulations. You are responsible for your conduct and your content stored in BrilCloud, and you must comply with our Program Policies. We may review your conduct and content in BrilCloud for compliance with the Terms and our Program Policies.

Availability: BrilCloud is available on Mobile devices such as iOS and Android Smartphones , Tablets and Personal Computers through a Free Downloadable Application ‘BrilCloud’ avaialble at Apple App Store, Google Play Store and Briltime webiste.

Your Content: BrilCloud allows you to upload, submit, store, send and receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through BrilCloud, you give Briltime Corp. a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services unless you delete your content. Make sure you have the necessary rights to grant us this license for any content that you submit to BrilCloud.

Sharing settings in BrilCloud allow you to control what others can do with your content in BrilCloud. By default you are set up as the controller of all content you create or upload to BrilCloud. You can share your content and can transfer control of your content to other users.

Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, and spam and malware detection. This analysis occurs as the content is received, shared, uploaded and when it is stored. You can find more information about how BrilCloud uses and stores content in our Privacy Policy. If you submit feedback or suggestions about BrilCloud, we may use your feedback or suggestions without obligation to you.

Announcements: In connection with your use of BrilCloud, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Our BrilCloud services: Using BrilCloud does not give you ownership of any intellectual property rights in BrilCloud or the content you access. You may not use content from BrilCloud unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in BrilCloud. Don’t remove, obscure, or alter any legal notices displayed in or along with BrilCloud.

3. Privacy Protection

BrilCloud's Privacy Policy explains how we treat your personal data and protect your privacy when you use BrilCloud. By using BrilCloud, you agree that BrilCloud can use such data in accordance with our privacy policies.

4. Copyright Protection

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers.

We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and BrilCloud’s policy about responding to notices in our Help Center.

5. Program Policies

We may review content to determine whether it is illegal or violates our Program Policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

6. About Software in our Services

Client Software. BrilCloud includes downloadable client software (“Software”). This Software may update automatically on your device once a new version or feature is available. BrilCloud gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by BrilCloud as part of BrilCloud. This license is for the sole purpose of enabling you to use and enjoy the benefit of BrilCloud as provided by Briltime Corp., in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of BrilCloud or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software. Open source software is important to us. Some software used in BrilCloud may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms.

7. Modifying and Terminating BrilCloud

Changes to BrilCloud. We are constantly changing and improving BrilCloud. We may make performance or security improvements, change functionalities or features, or make changes to comply with law or to prevent illegal activities on, or abuse of, our systems. You can subscribe to our Social media accounts on Facebook and Instagram to receive information about BrilCloud. We will provide notice of material changes to BrilCloud that we reasonably believe will adversely impact your use of BrilCloud. However, there are times when we will need to make changes to BrilCloud without giving notice. These will be limited to instances where we need to take action to ensure the security and operability of the service, prevent abuse or where we must act to meet legal requirements.

Suspension and Termination: You can stop using BrilCloud at any time, although we’ll be sorry to see you go. We may suspend or permanently disable your access to BrilCloud if you materially or repeatedly violate our Terms or our Program Policies. We will give you prior notice of us suspending or disabling your access to BrilCloud. However, we may suspend or disable your access to BrilCloud without notice if you are using BrilCloud in a manner that could cause us legal liability or disrupt other users’ ability to access and use BrilCloud.

Discontinuation of BrilCloud: If we decide to discontinue BrilCloud, we will give you at least 60 days’ prior notice. During this notice period, you will have the opportunity to take your files out of BrilCloud. After the end of this 60 day period you will not be able to access your files. We believe that you own your files and preserving your access to such files is important. For instructions on how to download your files, please visit our support page.

8. Purchasing Storage Capacity and Payments

Purchase of Storage Capacity: You can purchase storage ("Paid Storage Plan") as you need it. Currently, we provide a One-Time payment model from the Date of Purchase of a Paid Storage Plan. In order to purchase a Paid Storage Plan, you must agree to the payment terms as specified in the BrilCloud Payments Terms of Service. In order to purchase a BrilCloud account, you need to visit the web URL 'http://web.brilcloud.com' and choose your Storage Plan or Capacity. The Payments Terms of Service and Privacy Notice also apply whenever you want to purchase a Paid Storage Plan. Please ensure that you read those terms carefully before making any purchase.

Cancellation: Your Paid Storage Plan will remain in effect until it's cancelled or terminated under these Terms. You may cancel your Paid Storage Plan at any time from within your BrilCloud storage settings. Your cancellation will apply to the next billing period after the current service term expires. If you don't pay for your Paid Storage Plan on time, we reserve the right cancel your account and restrict your access to BrilCloud app.

Plan and Price Changes: We may change the storage plan and price in effect but will give you prior notice of these changes. These changes will apply after your current service term expires, when the next payment is due from you after the notice. We will give you at least 30 days’ prior notice of a price increase or storage plan decrease before you are charged. If you are given less than 30 days' prior notice, the change will not apply until the payment after the next payment is due. If you do not wish to continue with the updated storage plan or price, you may cancel your Paid Storage Plan at any time from within your BrilCloud storage settings. Your cancellation will apply with an immediate affect; though we will continue to make your files available to you up to 30 Days or give you a chance to take your files out of BrilCloud.

Validity: The validity of your use shall be for a minimum period of 3 years, from the Date of Purchase, during which no additional charges shall be payable by you to us.

9. Our Warranties and Disclaimers

We provide BrilCloud using a reasonable level of skill and care and we hope that you will enjoy using BrilCloud. But there are certain things that we don’t promise about BrilCloud. Other than as expressly stated, we don’t make any commitments about the specific functionality available through BrilCloud, its reliability, availability, or ability to meet your needs.

10. Limited Liability for BrilCloud

BrilCloud and its suppliers and distributors are not responsible or liable for:

(a) losses that were not caused by our breach of these Terms;
(b) any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of BrilCloud breaching the Terms; or
(c) losses relating to any business of yours including lost profits, revenues, opportunity or data.

The total liability of BrilCloud, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if the subject of the claim is the free service, to supplying you the services again).

Nothing in these terms is intended to exclude or limit the liability of BrilCloud and its suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.

11. Laws Governing the Terms

Regardless of the place of execution hereof, this Agreement, all amendments hereto, and any and all issues or controversies arising herefrom or related hereto, shall be governed by and construed exclusively in accordance with the laws of Hong Kong applicable to contracts made, entered into and performed entirely therein...

12. Force Majeure

If Briltime’s performance of this Agreement or any obligation hereunder is prevented, restricted or interfered with by causes beyond such party's reasonable control including but not limited to, acts of God; fire; explosion; any law, order or regulation of the Hong Kong or other national, state or local government or any civil or military authority; or by national emergencies, wars or strikes, then Briltime shall not be liable to the other for any loss or damage which may be suffered as a result, provided the party suffering such an event of Force Majeure notifies the other party of same within ten (10) days of the occurrence of the event of Force Majeure. Briltime shall use their reasonable commercial efforts under the circumstances to avoid and remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease.

13. About these Terms

We may modify these Terms or any additional terms that apply to BrilCloud, for example: to reflect changes to BrilCloud or to the law, custom, or political or economic policy; or in response to guidelines issued by regulators or relevant industry bodies; or to enable BrilCloud to meet its obligations. You should look at the Terms regularly. We'll post notice of modifications to these Terms on this page. We'll post notice of modified additional terms ("Additional Terms") in BrilCloud and will provide prior notice of material changes to the Terms to you. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted or notified to you. However, changes addressing new functions or features ("New Services") or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a New Service, you should discontinue your use of that New Service (see "Termination" above, for more information).

If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control for that conflict.

These Terms control the relationship between BrilCloud and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated unless to so continue the Agreement would unjustly prejudice the parties hereto

If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated unless to so continue the Agreement would unjustly prejudice the parties hereto

For information about how to contact BrilCloud, please visit our contact page, available at http://web.brilcloud.com.