valid from 1st of March, 2024
last update: 1st September, 2025
The Services specified herein that Brightpick provides to you are subject to the following Terms of Use ("Terms"). BY USING THE WEBSITE, YOU AGREE TO THESE TERMS.
Any applicable addenda to these Terms, (if any) including agreement, orders, confirmations issued by Brightpick, form the Parties’ final agreement. Any additional or conflicting terms in Customer's initial request, specifications, order or any other written or oral communication are not binding on Brightpick unless separately signed by. Brightpick‘s failure to object to Customer’s additional or conflicting terms does not operate as a waiver of any terms contained in these Terms.
Brightpick shall mean Brightpick s.r.o. with its registered seat at Plynárenská 6, Bratislava 821 09, Slovak Republic, Id. No. (IČO): 47 353 309, registered with the commercial registry of the Municipal Court Bratislava III, Section: Sro, File No. 91452/B.
Customer shall mean for the purpose of these Terms a legal entity along with dedicated account holders or a natural person who has an assigned account for the purpose of obtaining the Services.
Parties shall mean for the purpose of these Terms collectively Brightpick and Customer, Party individually Brightpick or Customer.
Through its network of Web properties, Brightpick provides you with access to a variety of resources, including product information like current status of the BRIGHTPICK system, its current performance parameters, historical performance data, or other run-time parameters or properties (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms.
The Services are provided on Brightpick website my.brightpick.aiin beta version (testing version). The website is accessible on the basis of registered and approved accounts by Brightpick. The number of accounts per Customer may be limited, at sole discretion of Brightpick.
Unless otherwise specified, the Services are for Customer’s internal and non-commercial use. Customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
All rights and title in and to the website and website (including without limitation any user accounts, titles, computer code, themes, objects, concepts, artwork, methods of operation, any related documentation, "applets" incorporated into the website, profile information, and the website client and server software) are owned by Brightpick.
Brightpick grants you a non-exclusive, non-transferable limited license to access and make personal use of the website and not to download (other than page caching) or modify any portion of the website without its prior written approval. Customer shall not use any robot, spider or other device to monitor the website in any manner. Brightpick may terminate this license at any time.
See the Privacy Policy disclosures relating to the collection and use of your personal data.
Always use caution when providing any personally identifiable information about account holders and observe the applicable laws and applicable guidelines.
All content included in or made available through the Services, such as text, graphics, logos, icons, images, digital downloads, data compilation, software, and documents is the exclusive property of Brightpick or its content suppliers and is protected by the various applicable copyright, trademark, patent, and other intellectual property and unfair competition laws locally and internationally. All rights not expressly granted to you in this Terms are reserved and retained by Brightpick or its licensors, suppliers, publishers, rightsholders, or other content providers.
Elements of the website providing access to the Services are protected by trademark, copyright, unfair competition, and other applicable laws and may not be copied or imitated in whole or in part. No logo, graphic, image from Brightpick website may be copied or retransmitted unless expressly permitted by Brightpick.
Permission to use Documents (such as downloads, sprint-screens, datasheets etc.) from the Services is granted, provided that use of such Documents from the Services is for informational, non-commercial and internal use of Customer, only and will not be distributed or posted on any network or published, and no modifications of any Documents are made without prior consent of Brightpick. Use for any other purpose is expressly prohibited, and may result in breach of these Terms and Brightpisk’s rights.
Should Customer receive the Service in beta version, such Service will be provided to Customer, at no cost, at Customer own risk, without warranty of any kind, “AS IS”, without any guarantees on the data or functions of the Brightpick website and subject to confidentiality as outlined in these Terms.
Brightpick makes no representations about the completeness, accuracy or suitability of the information contained in the documents and related graphics published as part of the Services for any purpose. All such information, documents and related graphics are provided “as is“ without warranty of any kind. Brightpick hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Brightpick be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of information available from the Services.
The Documents, information and related graphics supplied via Services could include inter alia inaccuracies, incompleteness or typographical errors. Changes are periodically added to the information herein. Brightpick may make improvements and/or changes at any time.
In no event shall Brightpick and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide Services, or information available from the Services.
Without limiting the foregoing, Customer agrees that neither Brightpick shall have no liability for errors or omissions in the output of the Services or use of website, whether such errors or omissions are caused by errors or inaccuracies in the conversion of data as inputs, the processing of such data or other software, in the display of such data, or otherwise.
The total liability of Brightpick, whether arising from breach hereof, tort (including negligence), unjust enrichment, or any other legal ground, shall be strictly limited to foreseeable damage, which is defined as an amount not exceeding the monthly fee (excluding VAT) paid by the Customer for the services for the calendar month in which the event giving rise to the damage occurred.
Customer may request an assignment of an account to its holder (e.g. employees or agents) for which it shall assume full responsibility. To log in the account, Customer shall use an external ID account (Google account or Microsoft account). Customer is, either directly or indirectly (throughout assigned holders), entirely responsible for maintaining the confidentiality of passwords and accounts. Furthermore, Customer is entirely responsible for any and all activities that occur under its account. Customer undertakes to notify Brightpick immediately of any unauthorized use of an account or any other breach of security. Brightpick will not be liable for any loss that may incur as a result of someone else using the Customer's password or account, either with or without Customer knowledge. However, Customer could be held liable for losses incurred by Brightpick or another party due to someone else using its account or password. Customer may not use anyone else's account at any time, without the permission of the account holder.
The Services may contain statistical and informational data from operation of the Brightpick automated solution implemented at Customer under the relevant agreement.
As a condition of use of the Services, Customer will not use the Services for any purpose that is unlawful or prohibited by these terms or applicable laws, conditions, and notices. Customer may not use the Services in any manner that could damage, disable, overburden, or impair any Brightpick server, or the network(s) connected to any Brightpick server, or interfere with any other party's use and enjoyment of any Services. Customer may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Brightpick server or to any of the Services, through hacking, password mining or any other means. Customer may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. Customer may not attempt to copy or change, alter or otherwise attempt to modify the Services or these Terms.
Brightpick reserves the right at all times to disclose any information as Brightpick deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Brightpick's sole discretion.
These Terms are effective until terminated by Brightpick. Customer may terminate them by terminating the account, provided that all provisions regarding indemnification, warranty, liability, and limits thereon, and confidentiality and/or protections of proprietary rights and other terms which shall not be by their nature and purpose terminated shall survive the termination of these Terms or after termination of the Customer account.
Brightpick MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE WEB ACCOUNT ACCESS AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of these Terms.
Both during and after the term of the use of the Services, the Parties will treat as confidential (taking into account the exception above set out in Use of services and termination) all information obtained from the disclosing Party and all relevant information compiled or generated by the disclosing Party throughout the use of the Services or under these Terms for the receiving Party, including but not limited to business aggregated or individual information, technical data, flow charts, listings. Brightpick has the right to share confidential information with its affiliates and subcontractors, provided those recipients are subject to the same confidentiality obligations set forth herein.
Nothing in these Terms requires a Party to treat as confidential any information which: (i) is or becomes generally known to the public, without the fault of the receiving Party; (ii) is disclosed to the receiving Party, without obligation of confidentiality, by a third party having the right to make such disclosure; (iii) was previously known to the receiving Party, without obligation of confidentiality, which fact can be demonstrated by means of documents which are in the possession of the receiving Party upon the date of the Agreement; (iv) was independently developed by receiving party or its representatives, as evidenced by written records, without the use of discloser’s confidential information; or (v) is required to be disclosed by law, except to the extent eligible for special treatment under an appropriate protective order, provided that the Party required to disclose by law will promptly advise the disclosing Party of any requirement to make such disclosure to allow the disclosing Party the opportunity to obtain a protective order and assist the disclosing Party in so doing.
In relation to the performance under these Terms and throughout the use of the Services, the Parties agree to comply with all applicable laws and regulations, including but not limited to those relating to the protection of personal data, trade secrets, know-how or other data.
Each Party acknowledges that the ability of the other Party to perform under these Terms is subject to compliance by such other Party and its affiliates with applicable laws, rules and regulations, including but not limited to applicable trade sanctions implemented at the local, regional, and international level (collectively, “Trade Sanctions”). Each Party agrees that any refusal or failure by the other Party to perform hereunder on account of compliance with Trade Sanctions or other legal requirements shall not constitute a breach of any obligation under these Terms.
Any waiver by a party of strict compliance with these Terms must be in writing, and any failure by the Parties to require strict compliance in one instance will not waive its right to insist on strict compliance thereafter.
These Terms are governed by and constructed in accordance with the laws of the Slovak Republic, without regard to its conflict of laws principles, and to the United Nations Convention on Contracts for the International Sale of Goods. Each Party agrees that claims and disputes arising out of these Terms must be decided by the Slovak courts. Each Party submits to the personal jurisdiction of such courts for the purpose of litigating any claims or disputes.
Brightpick reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of these Terms at any time, including without limitation access policies, the availability of any feature of the website, hours of availability, content, data, software or equipment needed to access the website, effective with or without prior notice; If any future changes to these Terms are unacceptable to Customer or cause Customer to no longer be in compliance with these Terms, Customer must terminate, and immediately stop using, the website and the account. Continued use of the website following any revision to these Terms constitute complete and irrevocable acceptance of any and all such changes. Brightpick may change, modify, suspend, or discontinue any aspect of the website at any time. Brightpick may also impose limits on certain features or restrict your access to parts or the entire Website without notice or liability.
Parties agree that all communication will be held in the English Language.
End of text.