Terms and Conditions

1. Definitions

• Service: the Brilliant Bots platform and any AI-assisted coaching, advisory, tutoring, or decision-support features made available via the website, apps, integrations, or agreed access routes.
• Client / you: the organisation or individual contracting for access to the Service.
• Learner: an individual user who accesses the Service under a Client subscription or programme (for example an employee, participant, or learner).
• Authorised Users: the individuals the Client permits to access the Service (including Learners).
• Client Data: all data, content, documents, prompts, inputs, files, and materials submitted to the Service by the Client or Authorised Users, or processed on the Client's behalf through use of the Service.
• Outputs: responses, insights, summaries, recommendations, or other content generated by the Service.
• AI Model: the underlying machine-learning or language models used to generate Outputs.
• Aggregated Insights: anonymised, high-level themes, patterns, or statistics derived from use of the Service, which do not identify any individual.

2. Acceptance of these Terms

2.1 By accessing or using the Service, you agree to these Terms.

2.2 If you use the Service on behalf of an organisation, you confirm you have authority to bind that organisation.

2.3 If you are a Learner, your use is also subject to the Learner Terms (see Section 6 and Schedule A). If there is any conflict, the Learner Terms apply to you as an individual user, and these Terms apply to the Client relationship.

3. Nature of the Service. No professional advice

3.1 The Service provides AI-assisted coaching and decision-support designed to support human thinking, reflection, and sense-making.

3.2 The Service:

• does not constitute legal, medical, financial, regulatory, policy, or other professional advice,
• does not act as an autonomous decision-maker,
• is intended to augment, not replace, human judgement, professional expertise, and organisational governance processes.

3.3 The Client and Learners remain solely responsible for decisions, actions, and outcomes arising from use of the Service.

4. Human oversight and accountability

4.1 The Client and Learners acknowledge that:

• Outputs may be probabilistic, incomplete, inaccurate, or context-dependent,
• Outputs must be reviewed and validated by a qualified human before use in operational, policy, legal, financial, or other high-impact contexts,
• the Service should not be relied on as the sole source of truth in regulated or high-risk environments.

4.2 Human oversight is required at all times when using Outputs to inform decisions with legal, financial, operational, safeguarding, or societal impact.

5. Accounts and access

5.1 If account access is required:

• users must provide accurate information and keep login credentials secure,
• the Client is responsible for activity carried out under its account, including by Authorised Users,
• the Client must promptly notify us of unauthorised access or suspected security issues.

5.2 We may suspend or restrict access where reasonably necessary for security, suspected misuse, policy compliance, or non-payment.

6. Learner onboarding and Learner Terms

6.1 The Service may be made available to Learners under a Client's programme.

6.2 As a condition of access, Learners must review and accept the Learner Terms before first use (for example via an in-app acceptance flow or equivalent process).

6.3 The Client is responsible for ensuring its Learners are informed that the Service is decision-support, not professional advice, and that human oversight is required.

7. Acceptable use

7.1 The Client and all Authorised Users agree not to:

• use the Service unlawfully or to infringe third-party rights,
• attempt to reverse engineer, scrape, probe, or bypass security, rate limits, or access controls,
• upload malware or harmful code, or content intended to disrupt the Service,
• use the Service to produce or distribute content that is unlawful, defamatory, or violates privacy or confidentiality obligations.

7.2 Sensitive data: Unless expressly agreed in writing, you should not submit special category personal data (for example health data), criminal offence data, or other highly sensitive personal data.

8. Client Data ownership and permissions

8.1 All Client Data remains the Client's property. Nothing in these Terms transfers ownership of Client Data to us.

8.2 The Client grants us a limited, non-exclusive right to process Client Data solely to provide, maintain, and support the Service and to meet legal obligations.

9. Use of Client Data

9.1 Client Data will:

• be used exclusively to provide the Service to the Client and its Authorised Users,
• not be shared with other clients,
• not be used to train shared, public, or third-party AI models unless explicitly agreed in writing.

9.2 We do not use individual coaching session content or Outputs for unrelated research, analytics, or product development without consent.

10. Data security and segregation

10.1 We implement appropriate technical and organisational measures designed to protect Client Data, including:

• logical segregation from other clients' data,
• access controls restricting access to authorised systems and personnel,
• measures designed to prevent unauthorised access, disclosure, alteration, or loss.

10.2 No system is perfectly secure. The Client agrees to use reasonable security practices on its side (for example strong passwords and controlled access for Authorised Users).

11. Confidentiality and Aggregated Insights

11.1 Client Data, coaching interactions, and Outputs are treated as confidential.

11.2 We will not disclose Client Data to third parties except:

• where required by law or a valid regulatory request,
• with the Client's explicit written consent,
• to trusted sub-processors strictly necessary to deliver the Service, subject to equivalent confidentiality and security obligations.

11.3 Aggregated Insights (anonymised thematic reporting):

(a) With the Client's agreement, we may produce Aggregated Insights based on use of the Service, to support organisational learning and improvement (for example high-level themes, common capability gaps, frequently asked topics, or aggregated usage patterns).

(b) Aggregated Insights will be designed to avoid identifying any individual Learner and will not include names, direct quotes attributable to a person, or other identifiers, unless explicit permission is obtained from the relevant individual.

(c) Where the Client's programme involves 1:1 coaching or masterclasses, we may request permission from Learners to use anonymised high-level themes for feedback to the Client organisation to drive change where needed.

(d) The Client remains responsible for how it uses Aggregated Insights within its organisation, including ensuring appropriate governance and safeguarding.

12. Data retention and deletion

12.1 Client Data is retained only as long as necessary to provide the Service, unless otherwise agreed.

12.2 On termination or expiry:

• we will delete or return Client Data in line with agreed instructions,
• residual backups may be retained for a limited period for security and compliance purposes, then securely deleted.

13. Data protection

13.1 To the extent personal data is processed under these Terms:

• the Client is the controller and we are the processor (unless otherwise agreed),
• both parties will comply with applicable data protection laws (including UK GDPR and the Data Protection Act 2018 where relevant),
• a separate data processing agreement (DPA) may apply for certain client arrangements.

14. Intellectual property

14.1 We own all intellectual property rights in the Service, including software, branding, and platform content, excluding Client Data.

14.2 The Client owns Client Data.

14.3 Outputs are generated for the Client and its Authorised Users. The Client may use Outputs internally for business purposes. The Client is responsible for ensuring its use of Outputs complies with law and does not infringe third-party rights.

15. Compliance and regulated use (Client and Learners)

15.1 Learner responsibility: Learners must use the Service in line with the Learner Terms, and must not treat Outputs as professional advice or as an instruction to act without review.

15.2 Client responsibility: Where the Service is used in government, public-sector, regulated, or high-risk environments, the Client remains responsible for:

• ensuring compliance with applicable laws, policies, and governance requirements,
• applying appropriate audit, review, and approval processes before using Outputs,
• ensuring appropriate transparency, accountability, and record-keeping obligations are met,
• ensuring safeguarding and appropriate oversight where Outputs may affect people, services, or public outcomes.

15.3 The Service does not remove or reduce statutory obligations related to transparency, accountability, safeguarding, or record-keeping.

15.4 The Provider does not accept responsibility for outcomes arising from decisions made by the Client or Learners, particularly where Outputs are used without appropriate human review or outside the intended scope of use.

16. Third-party systems, sub-processors, and models

16.1 The Service may rely on third-party infrastructure, tools, or AI models to operate. These providers may process limited data strictly to deliver the Service (for example hosting, databases, authentication, logging, analytics, or model inference).

16.2 We take reasonable steps to ensure such providers meet appropriate security and confidentiality standards.

16.3 We are not responsible for changes, outages, or limitations arising from third-party systems beyond our reasonable control.

16.4 Current sub-processors and key third-party services used by Brilliant Bots are listed in Schedule B. We may update Schedule B from time to time where required to operate or improve the Service.

17. Accuracy and limitations. No warranty

17.1 We make no guarantees that Outputs will be accurate, complete, or suitable for any specific purpose. Outputs may reflect limitations inherent in AI systems, including bias, ambiguity, or error.

17.2 To the maximum extent permitted by law, the Service is provided "as is" and "as available".

18. Fees and payment

18.1 Fees (if any) will be set out on the website, order form, proposal, or statement of work.

18.2 If the Client fails to pay fees when due, we may suspend access until payment is made. Unless required by law, fees are non-refundable.

19. Suspension and termination

19.1 We may suspend or terminate access if:

• there is a material breach of these Terms or the Learner Terms,
• use poses a security risk,
• we are required to do so by law,
• fees remain unpaid after reasonable notice.

19.2 The Client may stop using the Service at any time. Termination does not affect accrued rights or obligations.

20. Liability

20.1 Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

20.2 Subject to the above, and to the extent permitted by law:

• we are not liable for indirect, incidental, special, or consequential losses, or loss of profits, revenue, goodwill, or data,
• our total aggregate liability arising out of or in connection with the Service is limited to the fees paid by the Client for the Service in the 12 months preceding the event giving rise to the claim, or the amount specified in the agreement if no fees were paid, whichever is higher.

21. Indemnity

The Client agrees not to use the Service in a way that violates law or infringes third-party rights, and will indemnify us for reasonable losses arising from unlawful use or breach of these Terms by the Client or its Authorised Users.

22. Changes to the Service and Terms

We may update or improve the Service from time to time. We may also update these Terms. If changes are material, we will provide reasonable notice where practicable. Continued use after changes take effect means acceptance of the updated Terms.

23. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, unless applicable law requires otherwise.