Preview Phase Notice
The Services are currently in a preview phase ("Preview Phase") and are provided free of charge. All Terms of Service apply in full during the Preview Phase.
The duration and conditions of the Preview Phase are defined at the time of installation and displayed within the platform. Upon conclusion of the Preview Phase, continued access to the Services will require selection of a paid Subscription Plan, as communicated within the platform.
These Terms of Service ("Terms") constitute a legally binding agreement between Connectif Artificial Intelligence S.L. ("Brilliant," "we," "us," or "our") and you (either an individual or the entity you represent) ("Customer," "you," or "your") governing your access to and use of Brilliant's AI Sales Assistant platform for eCommerce, including our website, software, applications, integrations, and related services (collectively, the "Services").
By accessing or using the Services, creating an account, subscribing to a plan, or clicking "I Accept," you represent and warrant that:
If you do not agree to these Terms, you must immediately discontinue use of the Services.
"Account" means the account created by Customer to access and use the Services.
"Customer Data" means all data, content, and information submitted, uploaded, transmitted, or processed by Customer or End Users through the Services, including but not limited to chat transcripts, customer information, product data, and store data.
"Documentation" means Brilliant's user guides, technical documentation, and other materials made available at https://support.connectif.ai or within the Services.
"End Users" means Customer's customers, website visitors, or other individuals who interact with the Services deployed on Customer's online store.
"Subscription Plan" means the service tier selected by Customer as described at https://apps.shopify.com/brilliant, which may be modified by Brilliant from time to time.
"Agent" means an individual AI Sales Assistant configuration deployed by Customer for a specific language and currency market combination within their online store.
"AI Outputs" means AI-generated responses, content, and outputs produced by the Services based on Customer Data and Brilliant's proprietary models.
"Subscription Term" means the period for which Customer has subscribed to the Services, either monthly (30-day rolling period from signup date) or annual (12 months from signup date).
Subject to Customer's compliance with these Terms and payment of applicable fees, Brilliant grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the Subscription Term solely for Customer's legitimate eCommerce business purposes, including deployment of the AI Sales Assistant to End Users on Customer's online store.
New customers may be eligible for a 7-day free trial. During the trial period, Customer may access the Services at no charge. At the end of the trial period, the applicable Subscription Fees will be automatically charged through the billing platform unless Customer cancels before the trial expires. Free trials are limited to one per customer and may not be combined with other promotional offers unless explicitly authorized by Brilliant. The free trial is the only risk-free period offered by Brilliant; following its expiry, all Subscription Fees are non-refundable except as required by applicable law.
Each Subscription Plan defines usage limits across three parameters: i) conversations¹ — the total number of complete end-user sessions per billing period; ii) products — the maximum number of products from the Customer's product catalogue that can be indexed and made available to the Service; and iii) markets — the number of Agents that can be simultaneously active within the Service. Specific limits for each plan are published at https://apps.shopify.com/brilliant. Current consumption and remaining quota for each parameter are displayed in real time within the Service.
Brilliant reserves the right to modify Subscription Plans and features with at least 30 days' advance notice, with changes taking effect at the start of Customer's next Subscription Term. Pricing changes are governed by Section 4.5.
¹ A conversation corresponds to a complete end-user session with the AI Sales Assistant. Session boundaries may vary depending on inactivity periods and platform configuration.
When a Customer reaches the usage limits of their Subscription Plan, the Service will be paused until the start of the next billing period. Customers may opt in to automatic plan upgrades at any time through the Service settings — if this option is enabled, reaching a plan limit will trigger an automatic upgrade to the next available plan tier, processed through Shopify's billing platform. Regardless of this setting, Customers can always manually upgrade their plan at any time.
Unless cancelled before the end of the current Subscription Term, subscriptions automatically renew for successive terms of the same length at the then-current rates, processed through Shopify's billing platform. Customers may cancel at any time through their account settings or by contacting Brilliant at support@getbrilliant.ai.
Customer must provide accurate, complete, and current information during registration and maintain the accuracy of such information throughout the Subscription Term. Customer is responsible for:
Brilliant is not liable for any loss or damage arising from Customer's failure to protect account credentials.
Customer agrees to pay all Subscription Fees associated with their selected Subscription Plan. All fees are:
All billing for the Services is processed through Shopify's billing platform in accordance with Shopify's terms and conditions. By subscribing to the Services, Customer authorizes charges to their Shopify account for all applicable Subscription Fees. Brilliant does not collect or store payment information directly. Customer's billing relationship is governed by the terms agreed with Shopify.
If any payment fails or is declined:
All fees are exclusive of applicable taxes, including VAT (Value Added Tax) applicable under Spanish and EU law, as well as any other taxes, levies, or duties. Customer is responsible for paying all applicable taxes. If Brilliant is required to collect or remit taxes, Customer will be invoiced for such amounts unless Customer provides a valid tax exemption certificate. EU business customers providing a valid VAT number may qualify for reverse charge treatment in accordance with applicable EU VAT rules.
Brilliant reserves the right to change Subscription Fees at any time. Price changes will not affect the current Subscription Term and will take effect at the beginning of the next Subscription Term. Brilliant will provide at least 30 days' advance notice of material price increases via email or in-app notification. If Customer does not agree to a price increase, Customer may cancel before the new pricing takes effect.
All fees are non-refundable except as required by applicable EU or Spanish consumer protection law. Billing is managed through Shopify's platform and subject to Shopify's applicable policies.
Customer agrees to use the Services only for lawful purposes and in accordance with these Terms. Customer will not, and will not permit any End User to:
Customer is solely responsible for:
Customer represents and warrants that Customer Data will not contain:
While Brilliant does not generally restrict industries, Customer acknowledges that the Services are intended for legitimate eCommerce businesses. Brilliant reserves the right to refuse service or terminate accounts engaged in illegal activities, fraudulent schemes, or uses that could harm Brilliant's reputation or violate third-party rights.
Customer is responsible for complying with Shopify's terms of service when using the Services in connection with their Shopify store. Brilliant is not responsible for enforcement of Shopify's terms or for suspension or termination of Customer's Shopify account.
The Services, including all software, algorithms, models, interfaces, designs, documentation, content, trademarks, and logos (collectively, "Brilliant Technology"), are owned by or licensed to Connectif Artificial Intelligence S.L. and are protected by Spanish, EU, and international intellectual property laws. All rights not expressly granted in these Terms are reserved by Brilliant. Customer acquires no ownership rights in the Brilliant Technology.
As between Brilliant and Customer, Customer retains all rights, title, and interest in and to Customer Data. Customer grants Brilliant a worldwide, non-exclusive, royalty-free license to use, process, store, and transmit Customer Data solely to:
This license terminates upon termination or expiration of these Terms, subject to Brilliant's data retention rights as set out in Section 7.6.
The Services generate AI Outputs for Customer. Subject to Customer's compliance with these Terms:
The Services may utilize a combination of third-party artificial intelligence providers and Brilliant's own self-hosted models. In either case, Brilliant takes reasonable steps to ensure that Customer Data is not used to train general-purpose AI models — whether by maintaining appropriate contractual protections with third-party providers or by operating self-hosted infrastructure under Brilliant's direct control. Brilliant retains the right to use Customer Data and AI Outputs to improve Brilliant's own proprietary models and services.
Brilliant may collect and use aggregated and anonymized usage data that does not identify Customer or any individual for internal purposes including analytics, benchmarking, research, and product development. As this data contains no personally identifiable information and cannot be attributed to any individual or Customer, it falls outside the scope of Customer Data and may be freely used by Brilliant as part of its ongoing operations and service improvement.
If Customer provides Brilliant with any suggestions, enhancement requests, recommendations, or other feedback regarding the Services ("Feedback"), Customer grants Brilliant an unlimited, irrevocable, perpetual, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Services without any obligation to Customer.
Customer may not remove, alter, or obscure any Brilliant branding, trademarks, or logos displayed in connection with the Services unless specifically authorized in writing by Brilliant. Unauthorized removal of Brilliant branding constitutes a material breach of these Terms.
Brilliant's collection and use of personal data is governed by our Privacy Policy, available at https://getbrilliant.ai/privacy-policy/, which is incorporated into these Terms by reference. Customer is responsible for ensuring that their use of the Services complies with applicable data protection laws in their jurisdiction.
For Customers whose use of the Services involves the processing of personal data, Brilliant acts as a Data Processor and Customer acts as the Data Controller under GDPR and applicable EU/EEA data protection law. Brilliant will process such personal data only on Customer's documented instructions and in accordance with applicable law. A Data Processing Agreement (DPA) governs such processing and is available upon request by contacting dpo@getbrilliant.ai; upon execution it forms part of these Terms.
Where Customer Data is processed outside the EEA, Brilliant ensures appropriate safeguards are in place in accordance with applicable data protection law. A list of Brilliant's key subprocessors is available in our Privacy Policy; a full list is available upon request by contacting dpo@getbrilliant.ai.
Customer Data is stored in data centers located within the European Economic Area (EEA) by default. Where processing by third-party subprocessors requires data to leave the EEA, Brilliant ensures appropriate safeguards are in place as described in Section 7.3. By using the Services, Customer acknowledges and consents to this processing.
Brilliant implements commercially reasonable technical and organizational security measures to protect Customer Data, including:
However, no security system is impenetrable, and Brilliant cannot guarantee absolute security. Customer acknowledges that any transmission of data over the internet is at Customer's own risk.
Brilliant will retain Customer Data for as long as Customer's account is active and as necessary to provide the Services. Upon termination or expiration of these Terms:
Account and billing records (such as registration details and invoicing information) may be retained for longer periods in accordance with Brilliant's Privacy Policy and applicable legal obligations. These are distinct from Customer Data and are not subject to the 90-day deletion period above.
Brilliant will assist Customer in responding to requests from individuals exercising their rights under GDPR and applicable data protection law, including rights of access, rectification, erasure, restriction, portability, and objection. Customer, as Data Controller, is primarily responsible for handling such requests from its End Users. Brilliant will notify Customer without undue delay upon receiving a data subject request that relates to Customer Data.
In the event of a personal data breach (as defined under GDPR) affecting Customer Data, Brilliant will notify Customer without undue delay and in any case within 72 hours of becoming aware of the breach where feasible, and will cooperate with Customer to investigate and remediate the incident as required by applicable law.
This Section 8 applies where Customer is a consumer — an individual acting for purposes outside their trade, business, or profession — under applicable consumer protection legislation. Business customers are not affected by this Section except where otherwise stated.
Consumers have the right to withdraw from these Terms within 14 calendar days of entering into the agreement, without giving any reason, as provided under applicable EU consumer protection law. However, by expressly requesting that the Services commence before the end of the withdrawal period, Customer acknowledges that the right of withdrawal will be lost once the Services have commenced. Following the expiry or loss of the withdrawal right, Customer is bound by the Terms for the full duration of the agreed Subscription Term, including any annual commitment, subject to the termination provisions in Section 15.
To exercise the right of withdrawal, Customer must notify Brilliant at legal@getbrilliant.ai with an unequivocal statement of their decision to withdraw.
Nothing in these Terms limits any statutory rights you may have under applicable consumer protection law that cannot be excluded or varied by contract.
As required by applicable EU law, Brilliant provides the following link to the EU Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr. Brilliant's contact for ODR purposes is: legal@getbrilliant.ai. All disputes are otherwise governed by the provisions of Section 16.
Brilliant will use commercially reasonable efforts to make the Services available 24/7, but does not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to:
Brilliant will provide advance notice of scheduled maintenance when reasonably practicable.
Brilliant reserves the right to modify, update, improve, or replace aspects of the Services at any time, including adding features, expanding functionality, or replacing existing features with equivalent or improved alternatives. Where Brilliant permanently removes a material capability included in Customer's Subscription Plan without providing a functional equivalent, Brilliant will provide 30 days' advance notice via email. Customer's continued use of the Services after such notice constitutes acceptance of the change. Customers under an annual Subscription Term who do not wish to accept such removal may cancel their subscription without liability for remaining monthly payments in the current term, effective at the end of the notice period.
Brilliant may discontinue the Services entirely with 30 days' advance written notice to Customer. As all charges are processed through Shopify's billing system, any billing adjustments following discontinuation will be handled in accordance with Shopify's applicable billing policies.
Brilliant may occasionally make beta, pilot, or experimental features available to selected customers ("Beta Features"). Beta Features are clearly identified as "beta," "preview," or similar designations. Beta Features:
Customer's use of Beta Features is voluntary and at Customer's own risk.
The Services integrate with Shopify's e-commerce platform. Such integration:
The Services may also interact with other third-party services such as payment processors and analytics tools. Such integrations are subject to the terms and policies of those third-party providers and are outside Brilliant's control.
Brilliant does not control, endorse, or assume responsibility for third-party platforms, integrations, or services. Brilliant makes no warranties regarding the availability, reliability, quality, security, or privacy practices of third-party providers. Customer's use of third-party services is at Customer's own risk.
The Services may contain links to third-party websites. Such links are provided for convenience only and do not constitute an endorsement by Brilliant. Brilliant is not responsible for the content, accuracy, or privacy practices of third-party websites.
Brilliant warrants that the Services will perform substantially in accordance with the Documentation under normal use. Customer's sole remedy for breach of this warranty is for Brilliant to use commercially reasonable efforts to correct the non-conformity, or if Brilliant is unable to do so within a reasonable time, Customer may terminate the affected Services.
EXCEPT FOR THE LIMITED WARRANTY IN SECTION 11.1 AND ANY MANDATORY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE EU OR SPANISH LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BRILLIANT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
CUSTOMER ACKNOWLEDGES AND AGREES THAT:
Where the Services utilize third-party artificial intelligence models, Brilliant does not control the accuracy, performance, or content of outputs generated by those systems and disclaims liability for any errors, inaccuracies, or inappropriate outputs they may produce.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRILLIANT'S TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID IN CONNECTION WITH THE SERVICES DURING THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRILLIANT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
The limitations in Sections 12.1 and 12.2 do not limit Brilliant's liability for:
Nothing in this Section 12 limits Customer's liability for:
Customer acknowledges that the limitations of liability in this Section 12 are fundamental elements of the agreement between Customer and Brilliant, and that Brilliant would not provide the Services without these limitations. The Subscription Fees reflect this allocation of risk.
"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes but is not limited to:
The Receiving Party agrees to:
Confidential Information does not include information that:
The obligations in this Section 13 survive termination of these Terms for a period of three (3) years, except that obligations with respect to trade secrets continue for as long as such information remains a trade secret under applicable law.
Customer agrees to defend, indemnify, and hold harmless Connectif Artificial Intelligence S.L., its affiliates, and their respective officers, directors, employees, representatives, and contractors (collectively, "Brilliant Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Brilliant agrees to defend, indemnify, and hold harmless Customer from and against any third-party claim that the Services, when used in accordance with these Terms, infringe or misappropriate such third party's valid patent, copyright, or trademark ("IP Claim"). Brilliant's obligations under this Section 14.2 are conditioned on Customer:
Brilliant's indemnification obligations in Section 14.2 do not apply to claims arising from:
If the Services become, or in Brilliant's opinion are likely to become, the subject of an IP Claim, Brilliant may, at its option and expense:
These Terms commence on the date Customer accepts these Terms and creates their first Agent within the Brilliant AI Sales Assistant, and continue until terminated in accordance with this Section 15.
Customer may terminate these Terms and cancel their subscription at any time by:
Termination by Customer takes effect at the end of the current Subscription Term. Customer will not receive a refund of Subscription Fees already paid upon termination (except as provided in Section 8.2 for the right of withdrawal, or as otherwise required by applicable law).
Brilliant may suspend or terminate Customer's access to the Services immediately, with or without notice, if:
Brilliant will provide notice and an opportunity to cure where reasonably practicable, except in cases of suspected fraud, security threats, or legal prohibition.
Upon termination or expiration of these Terms:
Except as expressly provided in these Terms (such as the right of withdrawal in Section 8.2), Customer is not entitled to any refund of Subscription Fees already paid upon termination.
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Mandatory consumer protection provisions applicable in Customer's country of residence are not affected.
Before initiating any formal legal proceeding, the parties agree to first attempt to resolve any dispute informally by contacting Brilliant at legal@getbrilliant.ai. The parties will negotiate in good faith for at least thirty (30) days before resorting to legal action. If informal resolution fails, disputes shall be submitted to the competent courts of Murcia, Spain, as set out in Section 16.3.
The parties consent to the exclusive jurisdiction of the courts of Murcia, Spain for any disputes arising out of or related to these Terms. Consumers located in EU member states may also bring proceedings before the courts of their country of residence in accordance with applicable EU law.
Neither party will be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) caused by events beyond that party's reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government actions, or failure of third-party infrastructure.
The Services may be subject to applicable export control and sanctions laws and regulations, including those of Spain and the European Union. Customer agrees to comply with all applicable export laws and represents that Customer and its End Users are not located in, or subject to sanctions from, any jurisdiction that would prohibit use of the Services.
Customer may not assign, transfer, or delegate any rights or obligations under these Terms without Brilliant's prior written consent. Any attempted assignment in violation of this Section is void. Brilliant may assign these Terms in whole or in part without restriction, including in connection with a merger, acquisition, or sale of substantially all assets. Subject to the foregoing, these Terms bind and benefit the parties and their respective successors and permitted assigns.
All notices required or permitted under these Terms must be in writing and will be deemed given when delivered personally, when sent by confirmed email, or three (3) business days after being sent by certified mail, return receipt requested. Notices to Brilliant must be sent to:
Connectif Artificial Intelligence S.L.
Avenida Ciclista Mariano Rojas 76, Planta 4ta
30009 Murcia, Murcia, Spain
Email: legal@getbrilliant.ai
These Terms, together with the Privacy Policy, any Data Processing Agreement, and any subscription agreement separately executed by the parties, constitute the entire agreement between Customer and Brilliant regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral.
Brilliant may modify these Terms at any time by posting revised Terms on the Brilliant website or by providing notice through the Services or via email. Material changes will be effective thirty (30) days after notice is provided, except that changes required by law may be effective immediately. Customer's continued use of the Services after the effective date of revised Terms constitutes acceptance of the changes.
Waiver: No failure or delay by either party in exercising any right under these Terms constitutes a waiver of that right.
Severability: If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision will be severed from these Terms. The remaining provisions will continue in full force and effect.
These Terms are for the sole benefit of Customer and Brilliant and do not confer any rights or remedies upon any third party, except that Brilliant's affiliates, officers, directors, employees, and representatives are intended third-party beneficiaries of the indemnification and limitation of liability provisions.
The parties are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship. Neither party has the authority to bind the other or incur obligations on the other's behalf without prior written consent.
Brilliant may identify Customer as a customer of the Services and use Customer's name and logo in Brilliant's marketing materials, customer lists, and website. Customer may request removal of its name and logo by contacting legal@getbrilliant.ai, and Brilliant will comply within thirty (30) days.
Any provisions of these Terms that by their nature should survive termination will survive, including but not limited to Sections 4 (with respect to fees accrued prior to termination), 6, 7, 11, 12, 13, 14, and 16.
These Terms are drafted in English. In the event of any conflict between an English version and a translated version, the English version shall prevail, to the extent permitted by applicable law. Consumers in Spain may also be entitled to receive these Terms in Spanish upon request.
For questions about these Terms or the Services, please contact us:
Connectif Artificial Intelligence S.L.
Avenida Ciclista Mariano Rojas 76, Planta 4ta
30009 Murcia, Murcia, Spain
General support: support@getbrilliant.ai
Legal inquiries: legal@getbrilliant.ai
Billing inquiries: billing@getbrilliant.ai
Data Protection Officer: dpo@getbrilliant.ai
BY USING THE SERVICES, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY THESE TERMS.