EULA (End User License Agreement)

Last updated: January 27, 2023

Please read this User Agreement (“Agreement”) carefully before enabling BRight by Bright Data (“BRight”). By enabling BRight, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not enable BRight.

YOU CANNOT USE BRight IF:

YOU ARE NOT OF LEGAL AGE IN THE COUNTRY OF YOUR OFFICIAL ADDRESS OR IN ANY OTHER WAY LEGALLY INCOMPETENT TO FORM A BINDING AGREEMENT AS INTENDED HEREIN.
YOU ARE PROHIBITED FROM USING BRight OR PRODUCTS OF SIMILAR TYPE UNDER APPLICABLE LAWS, INCLUDING THE LAWS OF YOUR COUNTRY OF RESIDENCY OR ONE YOU’RE USING THE APPLICATION AT;
YOU ARE PROHIBITED FROM ENTERING INTO AGREEMENTS SIMILAR TO THIS AGREEMENT BY LEGAL AGREEMENTS WITH YOUR INTERNET SERVICE PROVIDER, MOBILE SERVICE PROVIDER, ETC., THAT, AMONG OTHER THINGS, GOVERN HOW YOU CAN SHARE YOUR INTERNET TRAFFIC, IP, AND DEVICE’S RESOURCES;
YOU ARE CURRENTLY DEVELOPING OR HAVE DEVELOPED A COMPETING PRODUCT AND INTEND TO ACCESS THE APPLICATION FOR COMPETITIVE PURPOSES (E.G., MONITORING AVAILABILITY, PERFORMANCE, OR FUNCTIONALITY).

Description of BRight

BRight is a software component that uses your IP address and free resources to download a few web pages in the background from well known Internet sites. In return, Bright Data will make an environmental contribution in your name as detailed in our FAQs.

For example, when reaching the required milestone (as mentioned in the FAQs), a tree will be planted in your name. A certificate will be presented with the geo-location of the planted tree.

Downloading web pages is done in a way that does not materially interrupt you. The webpages are then sent to Bright Data’s customers, who use them to, among others, improve their databases, offer better products, services and pricing. It is also used for critical environmental and public wellbeing research and supports the Bright Initiative, a pro bono program using public web data and data expertise to drive change across the world.

BRight customizes your network settings by modifying the system settings on your device. By enabling BRight, you are incorporated to be part of the Bright Data network, and BRight calculates the credits you earn using a proprietary algorithm. Credits, if verified by Bright Data, may be redeemed for value, in this case, making environmental impacts in your name.

Information regarding your use, credits and applicable rates can be found on the BRight app interface or FAQ section (https://Bright4Good.eco/).

Privacy

Bright Data is committed to protecting your privacy and safety rights while using BRight.

Bright Data does not collect any personal information from you other than as described herein and in Bright Data Privacy Policy at: https://brightdata.com/legal/sdk-privacy.

You understand that through your use of the BRight you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information within the United States and/or other countries for storage, processing and use by Bright Data and its affiliates.

Restrictions

BRight is intended for use on personal devices only (such as personal computers, mobile devices, SmartTVs, etc. that are in actual use by you as part of your everyday life). For the avoidance of doubt, BRight should not be installed in hosting services and or on other non-personal use devices. Installing BRight on non-personal devices constitutes a violation of BRight’s terms of use.

In consideration for continued access to the BRight, you agree to adhere to the terms governing member conduct as written herein. You understand that your account and any Credits you have earned can be terminated or suspended at the sole discretion of Bright Data if Bright Data reasonably believes you have violated the terms of member conduct in any way. You understand that BRight and software embedded within BRight may include security components that monitor the use and conduct of users. You may not attempt to override or circumvent any of the security measures, monitoring measures, or usage rules embedded into BRight. Any unauthorized modification of any kind of the software provided by Bright Data, in whole or in part, is strictly prohibited.

When using BRight, you agree not to:

cheat, defraud, game, mislead, misinform, trick, or deceive Bright Data in any way in order to accrue Credits or for any other reason;
attempt to fraudulently manipulate your accrual, retention, balance, or redemption of Credits;
impersonate any person or entity, including, but not limited to, a Bright Data official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Bright Data Service;
interfere with or disrupt BRight or servers or networks connected to BRight, or disobey any requirements, procedures, policies or regulations of networks connected to BRight, including using any device, software or routine to bypass our robot exclusion headers;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

You acknowledge that Bright Data may or may not pre-screen content, but that Bright Data and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any content that is available via BRight. Without limiting the foregoing, Bright Data and its designees shall have the right to remove any content that violates applicable law, this Agreement or is otherwise objectionable.

You acknowledge, consent and agree that Bright Data may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Bright Data, its users and the public.

Modifications

Bright Data reserves the right to modify, suspend or discontinue, temporarily or permanently, BRight or any service to which it connects, with or without notice and without liability to you.

Disclaimer of Warranties

BRIGHT DATA IS PROVIDING THE USE OF THE BRight ON “AS IS” BASIS AND IT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE CONDITION, VALUE OR QUALITY OF BRight, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR ANY DEFECT THEREIN, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BRIGHT DATA FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF BRight BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.

Limitation of Liability

In no event will Bright Data be liable under this Agreement for any consequential, special, indirect or punitive damages or for any loss, profits or revenue (whether in contract, tort, negligence or any other legal theory) in any way relating to this Agreement (“Event”), even if Bright Data had been informed in advance of the possibility of such damages. Bright Data’s aggregated liability under this Agreement for any claim or damage or series of such is limited to US$50.

Term and Termination

This Agreement shall remain in effect until terminated by you or Bright Data.

Bright Data may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Bright Data, in the event that you fail to comply with any provision of this Agreement. You may terminate this Agreement by opting out of our network through the BRight settings. You may also terminate this Agreement by deleting BRight and all copies thereof from your device(s).

Miscellaneous

This Agreement constitutes the entire understanding between the parties with respect to the matters referred to herein.

All notices or other communications hereunder shall be given by email to the email address provided by the parties as part of the registration to BRight.

This Agreement shall be governed by the laws of the State of Israel, excluding its conflict of law rules, and the courts of Tel-Aviv-Jaffa shall have exclusive jurisdiction over the parties.

If any provision of this Agreement will be held by a court of competent jurisdiction to be contrary to any law, the remaining provisions will remain in full force and effect as if said provision never existed.

No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof.

Bright Data may, at any time, and at its sole discretion, modify this Agreement, with or without notice to the Client. Any such modification will be effective immediately upon public posting. Client’s continued use of the Systems and Service following any such modification constitutes acceptance of the modified Agreement.

EULA (End User License Agreement)