Terms of Service
NOTICE TO ALL USERS: PLEASE READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR THE LICENSE OF 'MediaMarkup' ("SOFTWARE") BY BRIGHTER TOOLS LTD ("BrighterTools"). BY CLICKING 'I Accept the the Terms and Conditions of service' OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. License
Subject to the payment of the applicable license fees or usage granted through the signup service, and subject to the terms and conditions of this agreement. BrighterTools hereby grants to you a non-exclusive, non-transferable right to use one login account of the Software and the accompanying documentation (the "Documentation")
2. Termination
This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Documentation or downloadable items provided on the site. You may terminate this Agreement at any point by destroying all the Documentation, downloadable items and contacting BrighterTools technical support indicating that you would like your account terminated.
In the case of DEMONSTRATION ("DEMO") or EVALUATION ("EVAL") or TRIAL ("TRIAL") or BETA ("BETA") or FREE ("FREE") use, the software may only be used for the duration of the DEMO or EVAL or TRIAL or FREE period given, no more than 30 calendar days, at which point this agreement terminates. Continued use will re-instate the DEMO, EVAL or TRIAL or FREE period for a following 30 days.
3. Ownership / Intellectual Property
With the exception of your content and data, BrighterTools and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement.
The software, documentation and any downloads accompanying this agreement are licensed, not sold, to you by BrighterTools for use only under the terms of this License, and BrighterTools reserves any rights not expressly granted to you.
BrighterTools does not claim ownership of your content or data, but may use your company name and logo on the MediaMarkup website and have these publically available on your account login page. If a company logo is uploaded to the MediaMarkup site for public display, please ensure any geographical, personal or other metadata is removed from the image.
BrighterTools may adjust or modify content or data through technical support if required, or as requested.
4. Restrictions
You may not rent, lease, loan, sub-license or resell the Software. You may not permit third parties to benefit from the use or functionality of the Software via a time-sharing, service bureau, shared logins or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, de-compile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation. All rights not expressly set forth hereunder are reserved by Brighter Tools Ltd.
5. Payment
MediaMarkup accepts payment using Stripe (www.stripe.com) via the web application.
The price displayed is the price paid and represents the total price excluding any VAT in the UK.
Both VAT and non-VAT invoices are available depending on your company requirements. If a VAT invoice is required, this preference is configured in the Account settings for the owner of the account.
Payment for services is made via a subscription that is setup within the application using a credit card, either during or after the 30 day Trial period.
Subscriptions will automatically renew at the end of the monthly subscription period, which can be any time of the month, cancelling a subscription will allow usage until the end of the current period and will not renew.
In the event payment cannot be taken, an account administrator will need to update their payment details to access features and view data within the application.
6. Service Level Agreement
MediaMarkup is a web based application hosted on cloud services and requires the internet to operate.
All efforts have been made to ensure resilience of services provided. Services provided by Brighter Tools Ltd are largely dependent on our hosting providers, Microsoft Cloud (Azure), and other external third party services.
Availability / Up-time
Availability or Up-time is the percentage of time service are available, measured by our monitoring services outside of scheduled maintenance, or beyond Brighter Tools reasonable control.
BrighterTools strives for 100% up-time. If Up-time falls below 95% in a given subscription month, we will provide a ("SERVICE CREDIT"), the equivalent of 5 days credit off the following months subscription cost. (calculated as the monthly subscription on the 1st of the current month divided by 30)
The ("SERVICE CREDIT") will not be provided in the following cases; a) Circumstances beyond BrighterTools reasonable control, including but not limited to war, terrorism, acts of God or failure of third party suppliers or services b) Internet related network or connectivity issues and DNS problems c) Accuracy/Up-time of third party monitoring tools, c) Downtime during scheduled updates and maintenance, d) Downtime less than 10 minutes e) suspension of services due to expiration or non-payment, f) during trial periods, g) forgotten passwords
To receive ("SERVICE CREDIT"), a request must be submitted to support@brightertools.com with 10 days of the incident, Brighter Tools will investigate the request based on; evidence supplied (logs, reports indicating non-availability/downtime) and internal monitoring metrics to provide a detailed report and provide the ("SERVICE CREDIT") as required with a maximum of 1 month credit.
This SLA is your only remedy for any failures in the services supplied.
Restrictions On Use
The MediaMarkup web application is subject to usage limits, each subscription plan is based on storage capacity, number of admin users and active file approvals within the system.
There are no hard limits on usage outside and over above the primary quotas, however if an account is used or misused in such a way that causes excessive storage, users, or uncharacteristic bandwidth usage that effects the operation of the system, we will address this using appropriate actions.
Business Hours
The MediaMarkup software application is operated by Brighter Tools Ltd in the United Kingdom.
Enquiries, Customer Support and all communication will be received and responded to within BrighterTools office hours:
Office Hours: 9:00am and 17:30am, Monday to Friday, GMT/UTC+0 (Greenwich Mean Time) or UTC+1 (British Summer Time).
Support may be available outside of these hours if there are any major incidents where services are interrupted and/or scheduled maintenance is taking place.
Customer Support
Brighter Tools staff will endeavour to communicate and address your enquiries promptly, including times outside office hours, please email support@brightertools.com for any queries or use the in-app support/communication features to contact us.
Language
The MediaMarkup web application is currently only available and supported in the English language.
Maintenance
The MediaMarkup web application will require on-going updates as security and features are added, improved and maintained.
Scheduled maintenance will be done outside of UK office hours to reduce interruption of services.
Application and security updates will be scheduled and notice will be provided by email and/or in-app notifications at least 72 hours before the update, unless critical application or security issues need to be addressed immediately.
Upgrades, including bug fixes, new features and feature improvements are free of charge and will not effect existing subscription fees.
Direct notifications will not be sent for for updates where expected downtime is less than 10 mins. Notifications may be available via our Twitter account: @MediMarkup
Security
All efforts have been made, through hosting infrastructure, development methodology, industry best practices and internal processes, to ensure that the security of data and personal details is kept safe and only available and visible to authorised users.
The application is running over SSL (https) using 256 bit encryption. Passwords for all users are hashed (stored is such a way that they cannot be decrypted) and there is no way for anyone to get access to passwords, there are facilities for users to reset forgotten passwords.
If you believe there is a breach of this security, please contact support@brightertools.com immediately and provide as much information as possible.
Additional information about security and disclosure is available at https://MediaMarkup.gitbook.io/docs/security/overview
7. Disclaimer
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BrighterTools DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, BrighterTools MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BrighterTools, ITS PARENT OR SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRTTEN MATERIALS. IN NO EVENT WILL BrighterTools BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE BrighterTools CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN IF BrighterTools OR A BrighterTools REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Controlling Law and Severability
If there is a local subsidiary of BrighterTools in the country in which the agreement was obtained, then the local law in which the subsidiary sits shall govern this agreement. Otherwise this agreement will be construed under the laws of the United Kingdom, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.
10.Cookie Policy
Information about our use of cookies
A cookie is a small amount of information stored on your computer via your web browser. This information is passed between your web browser and the website.
MediaMarkup uses cookies to store session information and distinguish between users of the application.
Cookies can be blocked by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the website/application.
For more information on cookies see our full privacy policy
11. Miscellaneous
Disclaimer: Users are entirely responsible for the correct input of data and for checking the accuracy and reliability of resulting calculations, data or files produced by the software.
Recommendation's: Users are advised to make frequent backups of data or files uploaded, entered into, produced or used by this software.
Brighter Tools Ltd is not responsible for any loss or defect.
All logos, names and products are registered trade-marks and/or copyright of the respective holders and owners.
You will only receive marketing related emails from Brighter Tools Ltd relating to MediaMarkup and supporting software/services based on your consent and subscription to our mailing lists.
You can unsubscribe from any of our mailing lists after the first email or within your account preferences.
The MediaMarkup application sends transactional and/or notification emails during the operation of the web application as part of the workflow functionality, this communication forms part of the application features, options can be set to reduce the number of emails, however some emails ensure the collaborative nature of the application is maintained.
Users must register using a real and valid email address, accounts using temporary email accounts may be suspended without notice.
This license agreement does not affect statutory rights.
Brighter Tools Ltd
Registered in England, Company No.: 07035832
VAT Registration No.: 133 3499 16