Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the website and services provided by brightonix S.A. ("we", "our", or "us"), a Belgian company registered under number 739184620 with its registered office at Rue de la Loi 69, 4066 Liège, Wallonia, Belgium.

By accessing our website, using our services, or entering into a service agreement with brightonix, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access our website or use our services.

Acceptance of Terms

By accessing and using brightonix's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms constitute a legally binding agreement between you and brightonix S.A.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" refers to such entity.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after such changes constitutes acceptance of the new Terms.

Our Services

brightonix provides professional software development services, including but not limited to:

• Custom web application development
• Enterprise software solutions
• Cloud integration and migration services
• Mobile application development
• Data analytics and business intelligence solutions
• Cybersecurity services and consulting
• Technical support and maintenance

Specific terms for individual services will be outlined in separate service agreements or project contracts, which shall supplement these general Terms of Service.

User Obligations

When using our website and services, you agree to:

• Provide accurate, current, and complete information when requested
• Maintain the confidentiality of any account credentials
• Use our services only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorised access to our systems or networks
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of brightonix and third parties

You are responsible for all activities that occur under your account and for maintaining the security of your account information.

Payment Terms

Payment terms for our services will be specified in individual service agreements or project contracts. Unless otherwise agreed:

• All fees are quoted in Euros (EUR) and are exclusive of applicable taxes
• Payment is due within 30 days of invoice date
• Late payments may incur interest charges as permitted by Belgian law
• We reserve the right to suspend services for overdue accounts

All payments must be made in accordance with the payment methods specified in your service agreement.

Intellectual Property

The brightonix website, services, and all related content, including but not limited to text, graphics, logos, images, software, and design elements, are the exclusive property of brightonix S.A. or its licensors and are protected by Belgian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use our content without our prior written consent, except as expressly permitted by these Terms or applicable law.

For custom software development projects, intellectual property ownership will be specified in individual project agreements. Generally, you will own the rights to custom software developed specifically for you, while brightonix retains rights to our general methodologies, tools, and pre-existing intellectual property.

You grant brightonix a non-exclusive licence to use any feedback, suggestions, or ideas you provide regarding our services for the purpose of improving our offerings.

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with the General Data Protection Regulation (GDPR) and other applicable data protection laws. For detailed information about how we handle your personal data, please review our Privacy Policy.

Limitation of Liability

To the maximum extent permitted by Belgian law, brightonix S.A. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount paid by you to brightonix for the specific service giving rise to the claim during the twelve (12) months preceding the claim.

We provide our services "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless brightonix S.A., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from or related to:

• Your use of our services in violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Any content or data you provide to us

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law principles. Any disputes arising from or relating to these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Belgium.

If you are a consumer resident in the European Union, you may also bring proceedings in the courts of your country of residence, and nothing in these Terms affects your rights as a consumer under applicable consumer protection laws.

Termination

Either party may terminate these Terms and any associated service agreements at any time with appropriate notice as specified in individual service contracts. We reserve the right to suspend or terminate your access to our services immediately if you violate these Terms.

Upon termination, your right to use our services will cease immediately. Provisions of these Terms that by their nature should survive termination shall remain in effect, including but not limited to intellectual property rights, limitation of liability, indemnification, and governing law.

Termination of these Terms does not affect any rights or obligations that have accrued prior to termination or any remedies available at law or equity.

Force Majeure

brightonix shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or government actions.

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely approximates the intent and economic effect of the invalid provision.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional service agreements, constitute the entire agreement between you and brightonix regarding the use of our services and supersede all prior or contemporaneous communications and proposals.

Contact Information

If you have any questions about these Terms of Service, please contact us: