Last updated: January 15, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you and Brilliant Harvest, Inc. ("Brilliant Harvest," "we," "us," or "our"), a corporation organized under the laws of the State of Oregon with its principal offices at 1420 SW Broadway, Suite 200, Portland, OR 97201. These Terms govern your access to and use of the Brilliant Harvest precision agriculture platform, including the web application at brilliantforward.com, mobile applications, APIs, and any associated services (collectively, the "Services").
Please read these Terms carefully before using the Services. By creating an account, accessing the Services, or using any feature of our platform, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a farm operation, company, or other legal entity, you represent that you have the authority to bind that entity to these Terms.
Your use of the Services constitutes your acceptance of these Terms as of the date you first access the Services ("Effective Date"). If you do not agree to these Terms, you must not access or use the Services. We reserve the right to update or modify these Terms at any time. We will provide notice of material changes by email or through a prominent notice on the platform at least thirty days before changes take effect. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the updated Terms.
You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
To access most features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update your information as necessary to keep it accurate and current. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to notify Brilliant Harvest immediately at support@brilliantforward.com if you suspect any unauthorized use of your account or any other breach of security. Brilliant Harvest is not liable for any loss or damage arising from your failure to maintain the security of your account credentials.
We reserve the right to suspend or terminate accounts that are inactive for an extended period, that violate these Terms, or that we reasonably believe are being used fraudulently or in a manner that could harm other users or the platform. We will provide notice before account termination where reasonably practicable.
Subject to these Terms and payment of applicable subscription fees, Brilliant Harvest grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal agricultural management purposes. This license does not include the right to sublicense, resell, or otherwise transfer access to the Services to third parties without our written consent.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
Brilliant Harvest offers both free and paid subscription tiers. Features available at each tier are described on our platform and are subject to change with reasonable notice. Paid subscriptions are billed on the basis described at the time of subscription — monthly or annually — and renew automatically unless cancelled before the renewal date.
All fees are stated in United States dollars. You authorize us to charge your designated payment method for all applicable fees as they become due. Subscription fees are non-refundable except as required by applicable law or as expressly described in our refund policy. We reserve the right to change subscription pricing upon thirty days' notice, with such changes taking effect at the start of your next billing period after notice is provided.
If payment fails for any reason, we will notify you and may suspend access to paid features until payment is successfully processed. We are not responsible for losses resulting from service suspension due to non-payment.
Your Content: You retain ownership of all farm operational data, records, documents, and other content you submit or upload to the Services ("Your Content"). By using the Services, you grant Brilliant Harvest a limited, non-exclusive, royalty-free license to host, process, and display Your Content as necessary to provide the Services to you and as described in our Privacy Policy.
Our Platform: The Brilliant Harvest platform, including its software, algorithms, models, interfaces, documentation, branding, and all other elements developed by us, is and remains the exclusive intellectual property of Brilliant Harvest, Inc. Nothing in these Terms transfers any ownership interest in our intellectual property to you. Your license to use the Services does not include any right to the underlying technology.
Feedback: If you provide us with suggestions, ideas, or feedback about the Services ("Feedback"), you grant us an unrestricted, royalty-free, perpetual license to use and incorporate that Feedback into the Services without obligation to you. We are not required to implement any Feedback we receive.
Third-Party IP: The Services may include third-party software, data, and content subject to their own license terms. Your use of such components is subject to those terms in addition to these Terms.
The Brilliant Harvest platform provides tools to help you analyze agricultural data and generate recommendations for farm management decisions. You acknowledge and agree that:
The accuracy and completeness of platform outputs depends substantially on the accuracy and completeness of the data you provide. Brilliant Harvest is not responsible for errors in outputs caused by inaccurate, incomplete, or improperly calibrated input data.
All agronomic recommendations generated by the platform are advisory in nature. You are solely responsible for evaluating recommendations in light of your specific field conditions, knowledge, and judgment, and for all decisions about the management of your farm operation. Brilliant Harvest does not warrant that following any platform-generated recommendation will result in specific outcomes.
Agricultural outcomes are affected by many factors beyond the scope of any software platform, including weather, pest and disease events, market conditions, equipment performance, and operator decisions. Brilliant Harvest is not responsible for crop outcomes, economic losses, or other damages arising from your reliance on platform outputs.
The Services may allow you to connect with third-party platforms, equipment manufacturers, and data services through integrations. These integrations are provided as a convenience. Brilliant Harvest does not endorse or take responsibility for any third-party products, services, or content accessible through integrations. Your use of third-party services is governed by those parties' own terms and privacy policies.
We do not guarantee the continued availability of any specific integration. Third-party services may change their APIs, terms, or capabilities in ways that affect integrations, and we cannot guarantee uninterrupted integration availability.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRILLIANT HARVEST DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BRILLIANT HARVEST DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR CURRENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRILLIANT HARVEST, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF CROPS, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF BRILLIANT HARVEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BRILLIANT HARVEST'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES EXCEED THE AMOUNTS PAID BY YOU TO BRILLIANT HARVEST IN THE TWELVE MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Brilliant Harvest, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services in violation of these Terms, your violation of any applicable law or regulation, your infringement of any third-party rights, or any data or content you provide to the Services.
You may terminate your account at any time by contacting us at support@brilliantforward.com or through your account settings. Upon termination, your right to use the Services ceases immediately, and we will process deletion of your personal information and farm data as described in our Privacy Policy.
Brilliant Harvest may terminate or suspend your access to the Services at any time, with or without cause, with or without notice, including but not limited to violations of these Terms. In the event of termination for cause, we are not obligated to provide any refund of prepaid subscription fees.
These Terms are governed by the laws of the State of Oregon, without regard to its conflict of law provisions. You agree that any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Multnomah County, Oregon, and you consent to the personal jurisdiction of such courts.
Notwithstanding the foregoing, Brilliant Harvest reserves the right to seek injunctive or other equitable relief in any jurisdiction to protect its intellectual property rights or confidential information.
Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Brilliant Harvest with respect to the Services and supersede all prior or contemporaneous communications.
Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. Brilliant Harvest may assign its rights and obligations without restriction.
Force Majeure: Brilliant Harvest shall not be liable for delays or failures in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics, power outages, or internet disruptions.
For questions about these Terms, please contact us:
Brilliant Harvest, Inc.
Attn: Legal Department
1420 SW Broadway, Suite 200
Portland, OR 97201
Email: legal@brilliantforward.com
Phone: 503-555-0178