1. About these terms
These Terms of Service ("Terms") are an agreement between you and Brilliant with AI Inc. ("Brilliant with AI," "we," "us," "our"), a corporation incorporated under the laws of Ontario, Canada.
They govern your access to and use of the Brilliant with AI platform (the "Platform") and any product experience you purchase or access through it (each, a "Product Experience").
By creating an account, purchasing a Product Experience, or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.
These Terms apply to you whether you purchased access yourself or an organization purchased it on your behalf. They apply in full either way.
2. Definitions
Platform — the Brilliant with AI software platform, including all websites, applications, and interfaces through which Product Experiences are delivered.
Product Experience — any product, experience, session, or service made available through the Platform, whether purchased on a one-time, recurring, or per-use basis. Product Experiences may be offered individually or as bundles. We may add, modify, or discontinue Product Experiences at any time.
Session Content — everything you contribute to a Product Experience: your responses, statements, questions, uploads, and the record of your conversation with the Platform.
Output — the reports, letters, summaries, artifacts, and other materials the Platform generates for you from your Session Content.
Organization — an entity that purchases access to one or more Product Experiences for individuals other than itself, under an order form, master services agreement, or other written agreement with us.
Participant — an individual who uses a Product Experience, whether they purchased it themselves or an Organization purchased it for them.
Group Reporting — synthesis produced for an Organization about a group of its Participants, with direct identifiers removed and no statement attributed to a named individual.
Anonymized Data — information combined across a large enough number of Participants that it forms aggregate patterns which cannot reasonably be traced to any individual.
3. Eligibility
You must be at least 18 years old to use the Platform. By using it, you confirm that you are.
You must have the legal capacity to enter into this agreement. If you are agreeing on behalf of an entity, you confirm you have authority to bind it.
4. Your account
You are responsible for keeping your account credentials secure and for all activity under your account. Notify us at support@brilliantwith.ai if you believe your account has been accessed without your authorization.
Accounts are personal to you. Do not share your account or transfer it to anyone else.
Authentication is by emailed magic link. You are responsible for maintaining access to and control of the email address associated with your account.
5. The Platform and Product Experiences
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and the Product Experiences you have purchased, for your own personal or internal business purposes.
Each Product Experience is described on the Platform or on the page from which it is purchased. That description governs what you are buying. These Terms govern how you may use it.
We are continuously developing the Platform. Product Experiences may change, and new ones may be added. We may modify or discontinue any Product Experience. If we discontinue a Product Experience you have paid for but not yet used, we will refund you.
6. Purchases, pricing, and billing
Currency. Prices are displayed and charged in Canadian dollars (CAD) or United States dollars (USD), as indicated at checkout.
Taxes. Prices exclude applicable Canadian sales taxes (GST/HST), which are calculated and added at checkout for Canadian customers based on province. We do not collect sales tax in other jurisdictions.
Payment. Payments are processed by our payment processor. We do not store your full payment card details. Charges will appear on your statement under a descriptor identifying Brilliant with AI and the Product Experience purchased.
One-time purchases. You pay once and receive access to the Product Experience as described at the point of purchase.
Per-use purchases. You pay per instance of use, at the price stated at the point of purchase.
Recurring purchases. Where a Product Experience is offered on a subscription basis, you authorize us to charge your payment method on a recurring basis at the stated interval until you cancel. Subscriptions renew automatically. You may cancel at any time through your account or by contacting support@brilliantwith.ai. Cancellation takes effect at the end of the current billing period; you retain access until then.
Price changes. We may change our prices. For recurring purchases, we will give you at least 30 days' notice before a price change takes effect, and you may cancel before it does.
7. Refunds
One-time and per-use purchases. If you feel you did not get value, you may request a refund at any time, for any reason, with no questions asked. Email support@brilliantwith.ai. There is no deadline.
Recurring purchases. You may cancel at any time and will retain access through the end of the current billing period. We do not refund the current or prior billing periods.
One per customer. We reserve the right to decline to sell to anyone who has previously received a refund. The policy above is offered in good faith and depends on being used in good faith.
8. Organizational engagements
Where an Organization purchases Product Experiences for Participants, the commercial terms of that engagement are set out in a separate order form or master services agreement between us and the Organization.
That agreement governs the Organization's relationship with us. It does not govern yours. As a Participant, your relationship with us is governed by these Terms, and nothing an Organization agrees with us can reduce the protections you have here.
In particular, and regardless of who paid:
- The Organization does not receive your Output.
- The Organization does not receive your Session Content.
- The Organization does not receive any individual-level information about what you said, what surfaced for you, or what your Output contains.
An Organization may receive Group Reporting synthesized across its Participants, subject to Section 12 and to the minimum group size stated in its agreement with us.
You are free to share your own Output with anyone, including your employer, if you choose to. That is your decision alone, and we will not make it for you or on your behalf.
9. Ownership: yours
Your Session Content is yours. You retain all right, title, and interest in it.
Your Output is yours. We assign to you all right, title, and interest we may have in the Output generated for you from your Session Content. It is yours to keep, use, share, publish, or destroy, without restriction and without any ongoing obligation to us. This survives termination of your account and of these Terms.
For clarity: your ownership of your Output is not conditional on your account remaining active, on your subscription continuing, or on anything else.
10. Confidentiality
Your Session Content is confidential. We will not disclose it to any third party except:
- to sub-processors who need it to deliver the Product Experience to you, under obligations of confidentiality (see Section 13);
- where you direct us to;
- where we are legally compelled to, in which case we will notify you unless prohibited by law from doing so.
Our personnel do not access your Session Content except where necessary to deliver, support, secure, or troubleshoot the Platform, or where we reasonably believe it is necessary to investigate a violation of these Terms or to prevent harm.
11. Our licence to your Session Content
You grant us a worldwide, non-exclusive, royalty-free licence to host, store, process, and transmit your Session Content for the purposes of:
- delivering the Product Experience to you;
- maintaining continuity across your sessions, so that later sessions can build on earlier ones;
- providing support, security, and troubleshooting;
- improving the Platform and our Product Experiences.
This licence is limited to the purposes above. It does not transfer ownership. It ends when you delete your Session Content or your account, except to the extent that Anonymized Data has already been derived from it (see Section 12).
12. Anonymized synthesis
We synthesize patterns from Session Content and Outputs across Participants. This is central to how our Product Experiences work and how they improve.
We may use synthesized information to:
- produce Group Reporting for an Organization about its own Participants;
- improve, refine, evaluate, and develop the Platform and our Product Experiences;
- conduct research and identify patterns across cohorts or across all Participants;
- publish or otherwise share insights, patterns, and findings externally, including in research, marketing, writing, and speaking; and
- any other purpose consistent with this Section.
The following apply to all of this:
We remove direct identifiers and never attribute what you said to you by name. In Group Reporting, we aggregate across Participants so that no output names an individual or quotes them by name.
In a small group, inference is still possible. People who know the team may be able to infer the likely source of a pattern from its content. We cannot prevent people from recognizing each other's situations, and this is true of any group feedback. We reduce this risk by never attributing statements by name, and by only sharing insights externally when they are drawn from a group large enough that no individual can reasonably be identified.
Minimum group size. We will not publish or share synthesis derived from a group smaller than the minimum group size stated in the applicable Organization agreement, or, where no agreement applies, a size sufficient to prevent re-identification.
Aggregate data that cannot be traced to you. Where we combine information across a large number of Participants into aggregate patterns that cannot reasonably be traced to any individual, that aggregate is Anonymized Data. It is no longer personal to you, it is not affected by your deletion, and it remains our property. Deleting your Session Content, your Output, or your account does not withdraw Anonymized Data already derived, because it can no longer be connected to you. This is true of every Participant.
13. AI processing and model training
We do not use your Session Content to train AI models. Not ours, not anyone else's.
Product Experiences are delivered using AI models provided by third parties. Currently, we use OpenAI. Your Session Content is transmitted to OpenAI's API for processing in order to deliver the Product Experience to you.
We want to be precise about what that means. OpenAI's published API terms state that data submitted through their API is not used to train their models. We rely on those published terms. We do not currently have a separately negotiated agreement with OpenAI beyond them. We are being explicit about this rather than implying a contractual commitment we do not have.
We maintain a current list of the sub-processors we use to deliver the Platform — including our AI provider, our hosting provider, and our payment processor — and will make it available on request at support@brilliantwith.ai. We may change AI providers or add sub-processors, and we will keep this list current.
AI outputs are probabilistic. They may be inaccurate, incomplete, or wrong. See Section 16.
14. Retention and deletion
We retain your Session Content for as long as your account is active. This is deliberate. Your Session Content is the context that allows Product Experiences to build on each other over time. Purging it would mean starting from scratch every time, which would make the Platform worse.
You may ask us to delete your Session Content, your Output, or your account at any time, using any deletion controls we provide or by contacting support@brilliantwith.ai.
When you ask, we will delete it. We remove your content from the Platform. Some residual copies may persist for a limited time in routine encrypted backups, which are overwritten on their normal cycle, and in any work product already derived before your request. We will remove your content from our active systems; we do not represent that deletion is instantaneous or that we can reach every copy everywhere. If your Session Content is deleted, future sessions start fresh with no prior context. If you want to keep your Output, download it first, because we will not be able to send it to you afterwards.
Two things are not affected by your deletion, and this applies to everyone:
- Anonymized Data already derived from your Session Content, because it can no longer be connected to you (Section 12).
- Transaction records we are required to keep for tax, accounting, or legal purposes. These do not include Session Content or Outputs.
15. Our intellectual property
We own the Platform and everything underlying it: the software, the Product Experiences, the instruments, the prompts, the models of inquiry, the methodology, the report structures and formats, the templates, our name, our brand, and all associated intellectual property.
Nothing in these Terms transfers any of it to you. Your ownership of your Output (Section 9) is ownership of that specific artifact, not of the instrument that produced it.
You may not:
- copy, reverse engineer, decompile, or attempt to derive the source, prompts, or methodology of any Product Experience;
- use the Platform or any Output to build, train, or improve a competing product or service;
- resell, sublicense, or provide the Platform to third parties as a service;
- scrape, systematically extract, or bulk-download from the Platform;
- remove or obscure any proprietary notice.
You may use your own Output for any purpose, including quoting it, sharing it, and publishing it.
16. Not advice
Product Experiences are designed to prompt reflection and perspective. They are not advice, and you should not rely on them as a substitute for professional judgment.
Outputs are generated by AI. They may be inaccurate or incomplete, and they reflect what you told the Platform, not verified facts about you or anyone else. No professional relationship of any kind is created by your use of the Platform.
You are solely responsible for any decision you make, and any action you take or refrain from taking, on the basis of an Output. Where a situation calls for professional guidance, seek it from a qualified professional.
17. Acceptable use
You agree not to:
- use the Platform for any unlawful purpose or in violation of any applicable law;
- submit content you do not have the right to submit, including confidential information belonging to a third party;
- submit content that is unlawful, harassing, defamatory, or that infringes anyone's rights;
- impersonate anyone or misrepresent your affiliation;
- attempt to gain unauthorized access to the Platform, other accounts, or our systems;
- interfere with or disrupt the Platform;
- use automated means to access the Platform except as we expressly permit;
- use the Platform to make decisions about other people that produce legal or similarly significant effects for them, including hiring, promotion, discipline, or termination decisions.
That last one matters. Product Experiences are development instruments. They are not selection or evaluation tools and must not be used as such.
We may suspend or terminate access for violation of this Section, with or without notice.
18. Disclaimers
The Platform is provided "as is" and "as available."
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the Platform will be uninterrupted, timely, secure, or error-free, that any defect will be corrected, or that any Output will be accurate, complete, or suitable for any purpose.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent that applies to you, some of the above may not apply, and you may have rights that these Terms cannot limit.
19. Limitation of liability
To the maximum extent permitted by law:
We are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to these Terms or your use of the Platform, whether or not we have been advised of the possibility.
Our total aggregate liability arising out of or relating to these Terms or your use of the Platform will not exceed the greater of (a) the amount you paid us in the 12 months preceding the event giving rise to the claim, and (b) one hundred Canadian dollars (CAD $100).
These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.
20. Indemnity
You agree to indemnify and hold us harmless from any claim, demand, loss, or expense (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Platform, your Session Content, or your use of your Output.
21. Suspension and termination
By you. You may stop using the Platform and delete your account at any time. Section 14 governs what happens to your data.
By us. We may suspend or terminate your access if you breach these Terms, if we are required to by law, or if we reasonably believe your use poses a risk to us, to other users, or to third parties. Where practicable and lawful, we will give you notice and an opportunity to address the issue first.
If we terminate your access without cause, we will refund any amounts you have paid for Product Experiences you have not yet used, and any unused portion of a subscription period.
On termination, your licence to use the Platform ends. Your ownership of your Output does not (Section 9). Sections 9, 12, 15, 16, 18, 19, 20, 22, and 23 survive.
22. Changes to these Terms
We will update these Terms as our products and our obligations evolve. Here is how we handle that.
Every version is archived. This is version 1.0. As we release new versions, we maintain a dated, public archive and a changelog describing what changed and when, so you can always see what you agreed to.
The version in force when you agreed is the version that governs your agreement, until you accept a new one or a change takes effect under this Section.
Material changes. If we make a change that materially affects your rights or obligations — including changes to pricing, refunds, ownership, retention, deletion, anonymized synthesis, AI processing, liability, or dispute resolution — we will email you at your account address at least 30 days before it takes effect. Your continued use after the effective date constitutes acceptance. If you do not accept, you may delete your account before the effective date and, where you have paid for something you have not used, request a refund.
Non-material changes, such as corrections, clarifications, formatting, or updates to contact details, take effect on posting and are recorded in the changelog without individual notice.
We determine whether a change is material acting reasonably and in good faith, and we will err toward notifying you.
23. Governing law and disputes
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of laws principles.
You and we submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in Ottawa, for any dispute arising out of or relating to these Terms.
If you are a consumer resident in a jurisdiction whose law gives you the right to bring proceedings in your local courts or to the benefit of mandatory consumer protections, nothing in this Section removes that right.
24. General
Entire agreement. These Terms, together with our Privacy Policy and any order form or agreement between us and your Organization, constitute the entire agreement between you and us regarding the Platform, and supersede any prior understandings.
Order of precedence. As between you and us, these Terms govern. Where an Organization agreement conflicts with these Terms in respect of a Participant's rights, these Terms prevail (see Section 8).
Severability. If any provision is held unenforceable, it is severed and the rest remains in force.
No waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, on notice to you.
Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control.
Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship.
Third party beneficiaries. There are none.
Language. These Terms are drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
25. Contact
Brilliant with AI Inc.
116 Coolspring Crescent
Ottawa, Ontario, K2E 7M8, Canada
Version 1.0 — Effective August 4, 2026. Previous versions: none.