These Terms set out the rules for using Brightmesh and form a binding agreement between your organisation and Brightmesh Studio. They cover your account, your data, payment, and the limits of our responsibilities as a software provider.
Agreement to Terms
These Terms of Service (the “Terms”) govern access to and use of the Brightmesh platform, websites, and related services (the “Service”), operated by Brightmesh Studio (“Brightmesh”, “we”, “us”). By creating an account, accessing a tenant workspace, or otherwise using the Service, you agree to these Terms on behalf of yourself and the organisation you represent (the “Customer”, “you”).
If you do not agree to these Terms, do not use the Service. If you are entering into these Terms for an organisation, you confirm that you have authority to bind that organisation.
Definitions
The following terms carry specific meanings throughout this document.
- Platform
- The multi-tenant software environment hosted by Brightmesh, including the dashboard, APIs, and supporting infrastructure.
- Tenant
- An isolated workspace provisioned for a single Customer, accessible via a dedicated subdomain such as
acme.pms.brightmesh.studio. - Authorized User
- An individual the Customer permits to access its Tenant, such as an operator, agent, or administrator.
- Customer Data
- All data the Customer or its Authorized Users submit to the Platform, including policy, claims, and policyholder records.
- Subscription
- The plan, term, and usage limits selected by the Customer.
The Service
Brightmesh provides a hosted platform that lets insurance companies manage policies, claims, agents, payments, and policyholders from a single workspace. Features available to the Customer depend on its Subscription.
Subject to these Terms, Brightmesh grants the Customer a non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription term, solely for the Customer’s internal business operations.
What the licence does not include
- Reselling, sublicensing, or providing the Service to third parties as a service bureau, except as expressly permitted in writing.
- Copying, modifying, or creating derivative works of the Platform.
- Reverse engineering or attempting to extract source code, except where this restriction is prohibited by law.
Accounts & Eligibility
To use the Service, the Customer must register an account and provision a Tenant. The Customer is responsible for the accuracy of the information it provides and for keeping it current.
The Customer is responsible for all activity that occurs under its Tenant and for safeguarding the credentials of its Authorized Users. Notify Brightmesh promptly at security@brightmesh.studio of any unauthorised access or suspected breach.
The Service is intended for businesses and their staff. It is not directed to individuals acting in a personal capacity, and accounts may not be created by anyone under 18.
Acceptable Use
The Customer and its Authorized Users must not misuse the Service. Specifically, the Customer agrees not to:
- Upload unlawful, infringing, or malicious content, or use the Service to violate the rights of others.
- Attempt to gain unauthorised access to the Platform, other Tenants, or related systems.
- Interfere with or disrupt the integrity or performance of the Service, including through automated load that exceeds documented limits.
- Use the Service to send unsolicited communications in breach of applicable law.
- Circumvent usage limits, access controls, or security measures.
Brightmesh may suspend access where it reasonably believes the Service is being used in violation of this section, with notice where practicable.
Customer Data & Ownership
As between the parties, the Customer owns all Customer Data and retains all rights in it. Brightmesh claims no ownership of Customer Data.
The Customer grants Brightmesh a limited licence to host, process, and transmit Customer Data solely to provide and support the Service, and as instructed by the Customer through its use of the Platform.
Brightmesh may generate aggregated, de-identified statistics about Platform usage that do not identify the Customer or any individual. Such data may be used to operate and improve the Service.
Insurance & Regulatory Responsibility
Brightmesh is a software provider. It is not an insurer, reinsurer, broker, underwriter, or financial services provider, and nothing in the Service constitutes financial, legal, or actuarial advice.
The Customer is solely responsible for its compliance with all laws and regulations applicable to its business, including licensing, solvency, consumer protection, anti-money-laundering, and policyholder disclosure obligations. The configuration of products, premiums, commissions, and documents within the Platform is the Customer’s responsibility.
Fees, Billing & Taxes
The Customer agrees to pay the fees for its Subscription as described at the time of purchase or in an applicable order. Unless stated otherwise, fees are billed in advance and are non-refundable except where required by law.
Fees are exclusive of taxes. The Customer is responsible for all applicable taxes, levies, or duties, other than taxes based on Brightmesh’s net income.
If an invoice is overdue, Brightmesh may suspend the Service after reasonable notice. Brightmesh may revise fees for a renewal term by giving at least 30 days’ notice before the current term ends.
Third-Party Services
The Service integrates with third-party providers, including payment processors such as PayFast. Use of those services is governed by the third party’s own terms, and Brightmesh is not responsible for their acts or omissions.
Brightmesh does not hold or take custody of premium funds. Payments flow directly between the Customer, its policyholders, and the relevant payment provider.
Service Levels & Support
Brightmesh aims to keep the Service available 99.9% of the time, measured monthly, excluding scheduled maintenance and events beyond its reasonable control. Maintenance windows are communicated in advance where practicable.
Support is provided by email during business hours. Response targets depend on the Customer’s Subscription. Brightmesh may update or modify features over time, provided it does not materially reduce the core functionality of an active Subscription.
Intellectual Property
The Platform, including its software, design, documentation, and the Brightmesh marks, is owned by Brightmesh and its licensors and is protected by intellectual property law. Except for the limited rights granted here, no rights are transferred to the Customer.
If the Customer submits feedback or suggestions, Brightmesh may use them without restriction or obligation.
Confidentiality
Each party may receive information the other treats as confidential. The receiving party will protect such information with the same care it uses for its own confidential information, and will use it only to perform under these Terms.
Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known, or is independently developed.
Disclaimers & Limitation of Liability
Except as expressly stated, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Brightmesh does not warrant that the Service will be uninterrupted or error-free.
Limitation
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue. Brightmesh’s total aggregate liability arising out of or relating to these Terms will not exceed the fees paid by the Customer for the Service in the 12 months before the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot be excluded by law.
Indemnification
The Customer will defend and indemnify Brightmesh against third-party claims arising from the Customer Data, the Customer’s use of the Service in breach of these Terms, or the Customer’s violation of law, except to the extent caused by Brightmesh.
Term & Termination
These Terms apply for as long as the Customer uses the Service. Either party may terminate a Subscription at the end of its term in line with the cancellation terms of the applicable plan.
Either party may terminate for material breach that remains uncured 30 days after written notice. Brightmesh may suspend or terminate immediately for serious misuse, non-payment, or where required by law.
On termination, the Customer’s right to access the Service ends. Brightmesh will make Customer Data available for export for 30 days after termination, after which it may be deleted in line with the Privacy Policy.
Changes to These Terms
Brightmesh may update these Terms from time to time. For material changes, Brightmesh will give reasonable notice (for example by email or an in-product notice) before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
Governing Law & Disputes
These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts of South Africa.
Before commencing formal proceedings, the parties will attempt in good faith to resolve any dispute through discussion between senior representatives.
General
These Terms, together with any order and the Privacy Policy, form the entire agreement between the parties regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect.
The Customer may not assign these Terms without Brightmesh’s consent. Brightmesh may assign them as part of a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.
Notices to Brightmesh should be sent to legal@brightmesh.studio.
Need clarification?
For any questions about these Terms, contact legal@brightmesh.studio. The team responds within two business days.