Terms & Conditions

Welcome to BrightBee. We want to protect your rights and those of any other user or third party who interacts with us, so we created these Terms of Service (“Terms”). By accessing or using the BrightBee applications, website, services, software, and/or content made available by BrightBee Inc. (“the BrightBee Service,” “we,” and “us”), you agree to these Terms. If you don’t agree to these Terms, do not access or use the BrightBee Service.

Acceptance

By accepting a BrightBee user account or simply by using the Platform & Services in any manner, you and the entity or organization you represent (collectively, “you,” and “your”) agree that you have read and agree to be bound by and a party to the terms and conditions of this Agreement, to the exclusion of all other terms, except for any written Agreement made between a School and BrightBee, in which case the terms of such Agreement will control. Use of the Platform & Services is expressly conditioned upon your assent to all the Terms. If you do not unconditionally agree to all the Terms, please navigate away from this page and you will have no right to use the Services. You also represent and warrant that you are authorized to bind any entity or organization on whose behalf you are entering into this Agreement.

Changes to Terms

Like BrightBee’s business and its services, our Agreement may evolve and change. BrightBee reserves the right to make changes to the Website Terms at our sole discretion and without notice. When such changes are made, BrightBee will make a new copy of these Website Terms available at the above URL. BrightBee will also update the “Last Updated” date at the bottom of the Website Terms. We will notify you of any material changes and you shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Platform & Services following such notification constitutes your acceptance of the Website Terms as modified.

Description of Services and Parties

BrightBee’s Platform & Services allow Schools to post requests for Workers (primarily but not limited to hourly support staff at school) that fill work assignments for Schools and others. The Platform & Services, enables Schools to view information about Workers and track their requests, and allows Workers to view and accept such requests, for example.

There are at least three types of Parties that use this Website / Platform & Services, as listed below, and some of these Website Terms are specific to one or more of those Parties. In general, the terms apply to all Parties/users, except for those that explicitly mention a particular type of Party or that by nature cannot apply to all. In the event of any conflict between the terms of a signed agreement between such Parties and BrightBee, the terms of the signed agreement will control.

(1) (2) School Administrators and Schools: School administrators who use the Website to engage in the Platform & Services (for instance, in order to post teaching requests). The general relationship between BrightBee and such School is governed by any such signed agreements. The Website terms herein are meant mainly to address use of the Website and management of related information (for example, an administrator’s Google online account). Some terms governing the relationship between Schools and BrightBee are listed in this document, but the majority are in the signed agreement between these two parties. In the event of any conflict between the terms of that signed agreement and these Website Terms, the terms of the signed agreement will control.

(3) Workers, who are teachers and related professionals working to provide teaching and tutoring services for Schools and Families.

Please note any individual under 18 (namely, students) may not have an account with BrightBee. If you are aware of any student or any individual under 18 that has created an account or is using the Services, please contact us at info@brightbee.org immediately.

Use of the Services and BrightBee Platform

License. The Platform & Services and other assets of BrightBee (collectively, the “BrightBee Platform & Services”) are protected by copyright laws and other laws. Subject to the Terms, BrightBee grants you a limited, revocable, royalty free license to reproduce portions of the BrightBee Platform & Services for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by BrightBee in a separate license, your right to use any BrightBee Platform & Services is subject to the Terms.

Modifications. BrightBee reserves the right to modify or discontinue the Platform & Services with or without notice to you. BrightBee will not be liable to you or any third party should BrightBee exercise our right to modify or discontinue the Platform & Services. If you object to any such changes, your sole recourse will be to discontinue use access to the Platform & Services. Continued access of the Platform & Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Platform & Services as so modified.

Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially any portion of the BrightBee Platform & Services, including the Website, Platform & Services (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property (including images, text, page layout or form) of BrightBee; (c) you shall not use any metatags or other “hidden text” using BrightBee’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the BrightBee Platform & Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website, Platform & Services (except that BrightBee grants the operators of public search engines revocable permission to use spiders to copy materials from the Platform & Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the BrightBee Platform & Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the BrightBee Platform & Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the BrightBee Platform & Services. Any future release, update or other addition to BrightBee Platform & Services shall be subject to the Website Terms. BrightBee, its suppliers and service providers reserve all rights not granted in the Website Terms. Any unauthorized use of the BrightBee Platform & Services terminates the licenses granted by BrightBee pursuant to the Website Terms.

Third-Party Materials. As a part of the BrightBee Platform, you may have access to materials that are hosted by another party. You agree that it is impossible for BrightBee to monitor such materials and that you access these materials at your own risk.

Registration

User Accounts. In order to access most aspects of the BrightBee Platform you may be required to become a Registered User. For purposes of the Website Terms, a “Registered User” is a User who has registered an account on the Platform & Services (“Account”).

Access through Google. BrightBee may allow you to use your Google ID to set up an Account. If you access the Services using your Google ID, you may link your Account with your Google account. By doing so, you allow BrightBee to access your email address and your basic Google profile information (e.g., your full name, your profile picture, and any publicly available information you include in your profile), as is permitted under the terms and conditions that govern your use of your Google account. You represent that you are entitled to disclose your Google account login information to BrightBee and/or grant BrightBee access to your Google account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of your Google account and without obligating BrightBee to pay any fees or making BrightBee subject to any usage limitations imposed by Google. PLEASE NOTE THAT YOUR RELATIONSHIP WITH GOOGLE IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH GOOGLE, AND BRIGHTBEE DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY GOOGLE IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR GOOGLE ACCOUNT. BrightBee makes no effort to review any Google content, beyond your information, for any purpose, including but not limited to, for accuracy, legality or non-infringement, and BrightBee is not responsible for any Google content. BrightBee may also use another software platform ID to create an account for you, in which case the same terms and conditions apply to that software platform ID, and account.

Registration Data. In registering to use the Services, you agree to (a) provide true, accurate, current and complete information about yourself, as well as any entity you represent, such as a School, as prompted by the Services’ registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the BrightBee Platform & Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (i) notify BrightBee immediately of any unauthorized use of your password or any other breach of security; and (ii) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or BrightBee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BrightBee has the right to suspend or terminate your Account and refuse any and all current or future use of the BrightBee Platform & Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. and represent and warrant that any information you enter is accurate as such. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the BrightBee Platform & Services if you have been previously removed, terminated, or banned by BrightBee.

Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the BrightBee Platform. You are solely responsible for any fees, including any Internet connection or mobile fees that you incur when accessing the BrightBee Platform & Services.

Responsibility for Content

Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the BrightBee Platform & Services (“Content”), including the Website, Platform & Services, is the sole responsibility of the party from whom such Content originated. This means that you, and not BrightBee, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the BrightBee Platform & Services (“Your Content”), and that you and other Users of the BrightBee Platform & Services, and not BrightBee, are similarly responsible for all Content they Make Available through the BrightBee Platform & Services (“User Content”).

No Obligation to Pre-Screen Content. You acknowledge that BrightBee has no obligation to pre-screen Content (including, but not limited to, User Content), although BrightBee reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation text communications. In the event that BrightBee pre-screens, refuses or removes any Content, you acknowledge that BrightBee will do so for BrightBee’s benefit, not yours. Without limiting the foregoing, BrightBee shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

Ownership

BrightBee Platform. Except with respect to your Content and User Content, you agree that BrightBee and its suppliers own all rights, title and interest in the BrightBee Platform & Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BrightBee Platform & Services or the Services.

Trademarks. BrightBee’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the BrightBee Platform & Services or in connection with the Services are the trademarks of BrightBee and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the BrightBee Platform & Services are the property of their respective owners.

Other Content. Except with respect to your Content, you agree that you have no right or title in or to any Content that appears on or in the BrightBee Platform & Services.

Your Content. BrightBee does not claim ownership of Your Content. However, when you as a User Make Available your Content on or in the BrightBee Platform, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your Content. You represent and warrant that your content does not infringe on any third-party rights.

License to Your Content. Subject to any applicable account settings that you select, you grant BrightBee a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating the BrightBee Platform & Services and providing the Services to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of your Content that you submit to any “public” area of the BrightBee Platform & Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not BrightBee, are responsible for all of your Content that you Make Available on or in the BrightBee Platform & Services.

Feedback on BrightBee. You agree that submission of any ideas, suggestions, documents, and/or proposals to BrightBee through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that BrightBee has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to BrightBee a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sub-license the foregoing rights, in connection with the operation and maintenance of the BrightBee Platform & Services. You agree that BrightBee can share, republish, and make public such Feedback as appropriate.

User Conduct

Subject Matter. You agree not to use the Platform & Services to Make Available any Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) that is harmful to minors in any way; or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

General Conduct. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Website Terms): (a) upload, transmit, or distribute to or through the Platform & Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send through the Platform & Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) use the Platform & Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform & Services, or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Platform & Services (or to other computer systems or networks connected to or used together with the Platform & Services), whether through password mining or any other means; (f) harass or interfere with any other user’s use and enjoyment of the Platform & Services; or (g) use software or automated agents or scripts to produce multiple accounts on the Platform & Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform & Services (provided, however, that BrightBee conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Platform & Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

Interactions with Other Users

User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through use of the Platform & Services; provided, however, that BrightBee reserves the right, but has no obligation, to intercede in such disputes. You agree that BrightBee will not be responsible for any liability incurred as the result of such interactions. You understand and agree that BrightBee has no control over and is not responsible for the acts or omissions of any Users on or off the Platform & Services. You also understand and agree that BrightBee makes no representation or warranty regarding the quality of any services provided by any User.

Content Provided by Other Users. The BrightBee Platform & Services may contain User Content provided by other Users. BrightBee is not responsible for and does not control User Content. BrightBee has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk. You also agree to make best efforts to report to BrightBee any User Content or User Conduct that by another party that is not allowed according to the above User Content and User Conduct sections.

Third-Party Services

Third-Party Websites & Ads. The BrightBee Platform & Services may contain links to third-party websites (“Third-Party Websites”) and advertisements for third parties (collectively, “Third-Party Websites & Ads”). When you click on a link to a Third-Party Website or Ad, BrightBee will not warn you that you have left the BrightBee Platform & Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of BrightBee. BrightBee is not responsible for any Third-Party Websites & Ads. BrightBee provides these Third-Party Websites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites & Ads, or their products or services, as BrightBee has no agency with such Third Parties. You use all links in Third-Party Websites & Ads at your own risk. When you leave our Website, Platform & Services, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Mobile Text Message Terms

The following terms apply to everyone who signs up to receive one or more SMS, MMS or similar messages. As of the date of these Website Terms, only Workers are asked to participate in such Messages Services.

When you sign up for the Message Services, you are expressly consenting to receive text messages on behalf of BrightBee, in the following manner, among others:

-To confirm the phone number to receive notifications.

-To notify applicable Workers when a new request is issued by a School.

-To confirm and update Workers, on their status with respect to a request, just as being to the waitlist, confirmed, or deselected, and to confirm and update Schools similarly.

-While you may opt out of such messaging, it is highly recommended that you use this system. -You may opt out by texting the word STOP in response to a text you receive from BrightBee

BrightBee does not charge a fee for the Message Services; however, depending on your messaging plan, your mobile carrier may charge you for each message BrightBee sends you or that you send us. It is your responsibility to know how your carrier will charge you for message costs. BrightBee assumes no responsibility for charges incurred by your using the Message Services. The Message Services may not be available in all areas at all times. This means BrightBee may not be able to successfully transmit SMS/MMS messages to you, and BrightBee has no liability for any such transmission delay or message failure. The Text Services may not work in the event of product, software, coverage, or other changes made by your wireless carrier or changes you make to your mobile device. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.

Disclaimers

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH HEREIN, BRIGHTBEE MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE BRIGHTBEE PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE BRIGHTBEE PLATFORM & SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BRIGHTBEE PLATFORM & SERVICES OR THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE BRIGHTBEE PLATFORM & SERVICES WILL BE CORRECTED. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE BRIGHTBEE PLATFORM & SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE BRIGHTBEE PLATFORM & SERVICES , OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRIGHTBEE OR THROUGH THE BRIGHTBEE PLATFORM & SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE BRIGHTBEE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY OR, INTEGRITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE WEBSITE AND SERVICES. BRIGHTBEE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA OR ACCOUNT FROM MALICIOUS THIRD-PARTY INTERFERENCE (“HACKING”).

No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE BRIGHTBEE IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE BRIGHTBEE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF BRIGHTBEE.

Limitation of Liability.

Limitation of Liability. IN NO EVENT WILL BRIGHTBEE OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (I) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (II) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (III) FOR ANY MATTER BEYOND BRIGHTBEE’S REASONABLE CONTROL; (IV) FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY THIRD-PARTY PRODUCTS, SERVICES, SOFTWARE OR WEBSITES THAT ARE ACCESSED VIA, OR INTEGRATED WITH, THE BRIGHTBEE SOLUTION; (V) FOR ANY BACKGROUND CHECKS PERFORMED, OR THE ACCURACY OF ANY BACKGROUND INFORMATION PROVIDED, BY ANY THIRD PARTY (E.G., THE DOJ AND FBI); (VI) FOR INDEPENDENTLY VERIFYING THAT A BW OR PW HAS COMPLETED THE TRAINING AND/OR EDUCATION THAT THEY REPRESENT THEY HAVE COMPLETED. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 9, IN NO EVENT WILL EITHER PARTY OR THEIR RESPECTIVE AFFILIATES BE LIABLE TO THE OTHER PARTY FOR ANY AMOUNTS THAT, IN THE AGGREGATE, EXCEED THE FEES PAID BY YOU TO BRIGHTBEE UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE FIRST CLAIM, IN EACH CASE, WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BRIGHTBEE PROVIDES THE PLATFORM SOLELY AS A VENUE FOR CONNECTING YOU TO POTENTIAL WORKERS. BRIGHTBEE DOES NOT PROVIDE ANY EQUIPMENT, CURRICULUM NOR ANY OTHER EDUCATION SERVICES AND BRIGHTBEE DOES NOT PARTICIPATE IN THE RELATIONSHIP OR INTERACTION BETWEEN YOU AND ANY WORKER YOU ENGAGE WITH ON OUR PLATFORM.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BRIGHTBEE BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH BRIGHTBEE OR THE SERVICES OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT BRIGHTBEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE BRIGHTBEE PLATFORM & SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM THE USE OF THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE BRIGHTBEE PLATFORM & SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE BRIGHTBEE PLATFORM & SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BRIGHTBEE PLATFORM & SERVICES.

Express Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW HEREBY NOW AND FOREVER EXPRESSLY AND ABSOLUTELY RELEASES AND DISCHARGES, AND COVENANTS NOT TO SUE, BRIGHTBEE (AND IT AFFILIATES, ASSIGNS AND SUCCESSORS ) FROM ANY AND ALL CLAIMS, LIABILITY, ACTIONS, SUITS, DEMANDS, DAMAGES, COSTS OR EXPENSES OF ANY KIND OR NATURE WHATSOEVER , KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FIXED OR CONTINGENT, THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF ANY WORKERS YOU ENGAGE THROUGH THE BRIGHTBEE PLATFORM WHILE THEY ARE ENGAGED BY YOU, ON YOUR PREMISES, AND/OR PERFORMING DUTIES FOR YOU IN CONNECTION WITH A PAID ASSIGNMENT OR OTHERWISE. YOU ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (“SECTION 1542”), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

User Content. THE BrightBee PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRIGHTBEE AND YOU.

Term and Termination

Term and Termination. These Website Terms are effective on the earliest of (1) the effective date of any signed agreement with BrightBee (“Signed Effective Date”) that references these Website Terms; (2) the date on which you create an account; or (3) the date you receive any meaningful business service from BrightBee (“Website Terms Effective Date”). The Website Terms remain in full force and effect for one year from the Website Terms Effective Date. Thereafter the Website Terms shall automatically renew on the anniversary date of the Effective Date. Either party may terminate without cause with 30 days notice by means discussed herein or in a signed agreement.

Termination of Services by BrightBee. If you have materially breached any provision of the Website Terms, or if BrightBee is required to do so by law (e.g., where the provision of the Platform & Services is, or becomes, unlawful), BrightBee has the right to, immediately and without notice, suspend or terminate use of the Website and any Services provided to you. You agree that all terminations for cause shall be made in BrightBee’s sole discretion, not subject to appeal, and that BrightBee shall not be liable to you or any third party for any termination of your Account.

Termination of Services by You. If you wish to terminate the Platform & Services provided by BrightBee, you must provide notice to BrightBee. Your notice must be sent by contacting us at info@brightbee.org. BrightBee will assume that you wish to have your Website account suspended rather than completely deleted. If you later request that your account be unsuspended, then the terms of this Agreement will again apply. If instead, you wish to have your Website account deleted, so that your account information is deleted (to the degree that is reasonably practical), you should explicitly request account deletion via an email to info@brightbee.org. If you then wish to create a new account, you will need to provide all required information again, and the terms of this Agreement will again apply.

Effect of Termination. Termination includes removal of access to the underlying Website, Platform & Services, and barring of further use of such. Termination of all such access also includes lack of access or deletion of your password and all related information, files and content associated with or inside your Account (or any part thereof). Upon termination of any service, your right to have any of the Platform & Services will automatically terminate immediately. You understand that any termination of services may involve permanent lack of access to your Content associated therewith from our databases. BrightBee will not have any liability whatsoever to you for any suspension or termination, including lack of such access or deletion of your Content. All provisions of the Website Terms that by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

Remedies

Violations. If BrightBee becomes aware of any possible violations by you of the Terms, as well as any illegal activity, BrightBee reserves the right to investigate such violations. If, as a result of the investigation, BrightBee believes that criminal activity has occurred, BrightBee reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. BrightBee is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the BrightBee Platform & Services, including your Content, in BrightBee’s possession in connection with your use of the BrightBee Platform & Services, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms, (c) respond to any claims that your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of BrightBee, its Users or the public, and all enforcement or other government officials, as BrightBee in its sole discretion believes to be necessary or appropriate.

Breach. In the event that BrightBee determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the BrightBee Platform & Services, BrightBee reserves the right to:

-Warn you via e-mail (to any e-mail address you have provided to BrightBee) that you have violated the Website Terms;

-Delete any of your Content provided by you or your agent(s) to BrightBee Platform & Services;

-Discontinue your registration(s) with the any of the BrightBee Platform & Services, including any Services;

-Discontinue your access to any Services and/or discontinue providing Services;

-Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

-Pursue any other action that BrightBee deems to be appropriate.

No Subsequent Registration. If your registration(s) with or ability to access the BrightBee Platform & Services is discontinued by BrightBee due to your violation of any portion of the Terms or for conduct that BrightBee otherwise deems inappropriate, then you agree that you shall not attempt to re-register with or access the BrightBee Platform & Services through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, BrightBee reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

Governing Law and Dispute Resolution. This Website Terms and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by BrightBee, including the Services, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis, conducted in Alameda, California. In any circumstances where the foregoing permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Alameda County, California.

Last Updated: September 4, 2025