Brightwend / Terms
Terms of service
In short
- Brightwend suggests things to do. Every one is optional. Only take one on if you feel up to it and are well enough to do it safely. Use your own judgment. You take part at your own risk.
- Brightwend isn't a medical, emergency, care or transport service. In an emergency, call 911.
- Place details come from the places themselves. Check before you go.
- The person who uses Brightwend agrees to these terms themselves, even when a family member set it up or paid.
- Brightwend Family is one payment for one year, and it never renews. Full refund within 14 days of purchase, no questions asked, or within 30 days if the gift code hasn’t been used. You keep the welcome kit.
- What you write and record stays yours.
- If we ever have a disagreement we can't sort out by email, it goes to individual arbitration or small claims court, not a class action. You can opt out of arbitration within 30 days.
Please read sections 3, 4 and 18 closely. Section 3 is about taking part at your own risk, section 4 says what Brightwend is not, and section 18 is about how disagreements are settled, including arbitration and giving up class actions.
1. This agreement
These terms are an agreement between you and Agori Labs Inc. ("we," "us," "our"), which operates Brightwend: the website, the web app, the mobile apps, and our app notifications, emails and text messages. You agree to them when you create an account, buy Brightwend Family (for your own family or as a gift), or use Brightwend in any other way. Our Privacy policy, Safety page and Text message terms are part of this agreement.
2. Who can use Brightwend
- You must be 18 or older and able to agree to a contract.
- Brightwend is offered in the United States. The places and services it suggests are in the states listed on our home page.
Setting it up for someone else
- Many people set Brightwend up for a parent or relative. If you do, you must have their permission, and the account belongs to them, not to you.
- The person who will use Brightwend is asked to read and accept these terms themselves the first time they sign in. Until they do, they won't get daily suggestions.
- The person who pays for Brightwend Family (for their own family or as a gift) agrees to these terms for the purchase: the price, refunds, mailing and the gift rules.
- You can't agree to text messages on someone else's behalf. The person whose phone it is must agree, as explained in the Text message terms.
3. Activities are your choice, and at your own risk
Brightwend suggests everyday activities: walking somewhere, visiting a public place, meeting people, making or noticing something. Everyday activities carry everyday risks, including trips and falls, heat, cold, sun, storms, insects and animals, traffic and travel, uneven ground, crowds, and the actions of other people.
- Don't take a suggestion if you're not up to it. Only do an activity if you feel well enough and are physically able to do it safely. If you're unwell, tired or recovering, or if your health, mobility, balance, eyesight, hearing or medicines make an activity unwise, skip it. A suggestion from Brightwend is never advice or a recommendation that an activity is safe or suitable for you. Use your own judgment every time.
- Every activity is optional. "Not today" is always a fine answer, and there's always a stay-at-home option.
- You decide. We don't know your health, your fitness or the medicines you take. We look at the forecast and weather warnings for your area, and you can tell us roughly how you feel, but we can't see what you can: the path in front of you, the sky above you, or how you feel right now. You're the best judge of whether an activity is safe and sensible for you, and whether to stop or turn around at any point.
- Check the conditions. Look at the weather before you go, and skip outdoor suggestions in extreme heat, storms or other warnings. Tell someone where you're going, take your phone, and take water.
- Ask your doctor if you're unsure whether an activity is right for you.
To the extent the law allows, by choosing to do an activity you accept the risks that come with it, and you agree that we're not responsible for injury, illness, loss or damage that happens while you do it, unless it was caused by our own gross negligence or willful misconduct.
4. What Brightwend is not
Brightwend is not a medical, health, therapy, care, emergency, monitoring, transport or safety service. It doesn't replace advice from your doctor, and it doesn't watch over anyone. Nobody at Brightwend is checking whether you went out, came home, or are well. If you or someone else is hurt, unwell or in danger, call 911.
Family members can't use Brightwend to supervise or keep track of someone, and should never rely on it to know that a person is safe.
5. Places, and things outside our control
Details about places, including hours, access, paths, parking, restrooms and facilities, come from what those places or the organizations that run them publish. We name the source, but we don't visit or inspect places, and we can't promise the details are accurate, complete or current. Please confirm anything that matters to you before you go. When a place lists a phone number, it's on the place card.
We don't own, run or control the places we suggest, or any event, business, transport or other service you use to get there or while you're there. They're responsible for their own premises and services. Links to maps and other websites are there to help you. We don't control them.
6. Doing things with other people
Family outings and rides
Brightwend Family lets family members pick an outing for a day, plan a surprise get-together and offer a ride. A pick is still only a suggestion, and "Not today" is always fine. Any ride is arranged between you and your family member. Brightwend doesn't provide, arrange, check or insure transport, and isn't responsible for it.
Family circles
- The person who runs a circle invites people to it, with a link they send themselves. Each link works once and lasts 14 days. A family member can also set Brightwend up for someone with a set-up link. When that person signs in through it, the circle is theirs, and the family member who made the link is in it. The person who runs a circle can remove anyone from it.
- The free version includes one family member in the circle, who sees the days shared in the last 7 days and can react to them. Brightwend Family includes everyone they invite, keeps every shared day, and lets everyone write back. One Brightwend Family covers everyone in the circle, whoever bought it.
- Check-in alerts are off unless the person who uses Brightwend turns them on. They send the circle one gentle note after a number of quiet days that person chooses. They're a nudge to get in touch, not a monitoring, emergency or safety service (see section 4), and they never use location.
- When a Brightwend Family year ends and nobody buys another year, the person who uses Brightwend chooses the one family member who stays in their circle. Everyone else is paused, not deleted, and comes back if Brightwend Family starts again. Everything they've shared stays in their app, and their book pages are kept.
- If they remove the payer. If the person who uses Brightwend removes the person who pays from their circle, Brightwend Family keeps running for them. We'll tell the payer. The refund terms in section 9 still apply.
7. Your account
You sign in with your Google account. If you add an email address to your account, you can also sign in with a code we send to it. Keep your devices, passwords and codes to yourself. Nobody from Brightwend will ever ask you for a password or a code. You're responsible for what happens in your account, so tell us straight away at [email protected] if you think someone else is using it.
8. Messages we send
We send the messages you turn on, such as the morning suggestion and a reminder you ask for, plus sign-in codes and a small number of account messages, such as receipts and changes to these terms. We send texts only to people who have agreed to receive them, and you can stop them any time by replying STOP. The details are in the Text message terms. By using Brightwend you agree that we can give you notices electronically, by email, text or in the app.
9. Brightwend Family
- What it is. Brightwend Family is one year of Brightwend with its family features, for one person and everyone in their family circle, bought with one payment. You can buy it for your own family or as a gift. Either way you get a code, and the year starts on the day the code is redeemed.
- Price. $139 for a year through January 31, 2027 (our holiday launch price), and $179 for a year from February 1, 2027, plus any applicable tax. The price you'll pay is shown before you confirm, and it's set when you pay. It doesn't matter when the code is redeemed.
- No automatic renewal. Brightwend Family never renews on its own, and we won't charge you again. Near the end of the year we may ask whether anyone would like another year. Nothing is charged unless someone chooses to buy it.
- Refunds. Full refund within 14 days of purchase, no questions asked, or within 30 days if the gift code hasn’t been used. You keep the welcome kit. We refund the amount actually paid, to the original payment method. Otherwise payments aren't refunded, except where the law requires it or as set out in sections 12 and 21.
- Price changes. If we change the price, it doesn't change the price of a year you've already paid for.
- Welcome kit and book. Brightwend Family includes one welcome kit, mailed to the buyer within one business day of purchase. It's yours to keep. It also includes the Year of Good Days book, printed and mailed at no extra cost. See section 11.
10. Gifts
- A Brightwend gift is Brightwend Family bought for someone else: one payment for one year for one person, starting on the day the code is redeemed. The price and refund terms are in section 9.
- Gifts don't renew, and we won't charge the buyer again. After the gift year, anyone can choose to buy another year.
- Gift codes don't expire. They can't be exchanged for cash, resold or combined with other offers, except where the law requires otherwise. Each code can be redeemed once.
- Keep the code safe, like cash. If a code is lost or stolen before it's redeemed, the buyer can ask us to cancel it and issue a new one. We can't replace a code that someone has already redeemed.
- We may cancel codes that were bought with a stolen card, obtained by fraud, or sold on without our permission.
- Each gift includes a welcome kit, mailed to the buyer within one business day of purchase. The Year of Good Days book is mailed to the buyer too, as set out in section 11.
11. The welcome kit and the Year of Good Days book
- Where they go. We mail the welcome kit and the book to the person who paid for Brightwend Family, or who bought the gift, at the address they give when paying. We never ask the person who uses Brightwend where they live, unless they buy Brightwend Family for themselves, in which case they are the payer and give their own address when paying.
- Changing the address. The payer can change the mailing address by emailing [email protected]. A change applies to anything that hasn't shipped yet.
- Address check, and the address lock. Before the book prints, we email the payer to confirm the mailing address is still right. The book holds only the days the person who uses Brightwend chose to share. The address locks when the book goes to print.
- Delivery. We mail to addresses in the United States only. Delivery dates are our best estimate, not a promise. If a kit or book is lost or arrives damaged, tell us within 30 days and we'll send a replacement. If a kit or book is returned to us, we'll reship it once for free.
- What "a year" means. A Family year is 365 days in a row from the day the code is redeemed. Pausing doesn't stop it.
- A thin year. If fewer than 20 days have been shared by the end of the year, we'll ask the payer whether to print the book now, or keep adding days and print it later.
- What's in the book. The Year of Good Days book is included with Brightwend Family. It has every day the person chose to share with their family circle during the year: up to 2 photos, their note, the place on a map, who picked it, and the family's notes beside the day. We only print what they chose to share. Pictures of the book on our website are illustrations, and a real book will look different.
12. Before we open, and if we ever close
- If you buy a gift before Brightwend opens, the code works from the day we open, and we'll email you when it does.
- If we stop offering Brightwend, we'll give you at least 30 days' notice where we can. We'll refund the unused part of any paid Family year, and refund any gift code that hasn't been redeemed.
13. Your content
- Notes, photos and voice notes you add stay yours.
- You give us permission to store them, process them (for example, to write out voice notes as text), show them to the people you choose to share with, and print notes and photos in their Year of Good Days book. We use them only to provide Brightwend to you and your circle. We don't use them for advertising, and we don't let AI providers train their models on them.
- We may look at the photos you add to keep our information about a place accurate. We don't share them when we do.
- You can offer one of your photos as the picture of a place, one photo at a time. It's off unless you turn it on. Someone here checks it first, it's shown with the line "Photo from a Brightwend member" and never your name, and your words and voice notes are never shown with it. You can take it back whenever you like, and it comes down. We don't use it in advertising. If we ever want to, we'll ask you about that photo first.
- If you delete something, that permission ends, except for copies already printed or already shared with your circle.
- Only add things you have the right to share. Ask before you photograph or record other people, and don't upload anything that's unlawful or that belongs to someone else.
- We may remove content that breaks these terms or puts someone at risk.
- If you believe something on Brightwend infringes your copyright, email [email protected] with the details, and we'll look into it promptly.
14. How to behave
Be kind. Don't use Brightwend to harass, threaten, deceive or exploit anyone; to ask for money, gifts or financial details; to sell things; or to contact people who haven't agreed to hear from you. Don't pretend to be someone else. Don't try to break, overload, scrape, copy or reverse-engineer the app, or get into accounts that aren't yours. We may warn you, remove content, or suspend or close accounts that break these rules, especially where someone's safety or money is at risk.
15. Our part
Brightwend, including its suggestions, place cards, illustrations, design, name and logo, belongs to Agori Labs Inc. and is protected by law. While you follow these terms, we give you a personal, non-transferable permission to use Brightwend for your own non-commercial use. If you send us ideas or feedback, we're free to use them without owing you anything.
16. App stores
If you download Brightwend from the Apple App Store or Google Play, these terms are between you and us, not the store. The store isn't responsible for the app or its support. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. You also agree to follow the store's own terms of use.
17. Disclaimers and limits
We work hard to make Brightwend useful and safe, but it's provided "as is" and "as available." To the extent the law allows, we don't make any promises about it beyond those in these terms, including any implied promises that it's fit for a particular purpose or will always be available, accurate or error-free.
To the extent the law allows:
- We're not responsible for indirect, incidental, special or consequential losses, or for lost profits or data.
- We're not responsible for the places, events, businesses or transport we suggest or link to, or for the actions of other members or of anyone you meet or travel with.
- If we're found responsible for something, our total liability to you for all claims is limited to the greater of what you paid us in the 12 months before the claim, or $100.
Nothing in these terms limits liability that can't be limited by law, including for our gross negligence, fraud or willful misconduct. Some states don't allow some of these limits, so they may not all apply to you.
If you break these terms or the law, or infringe someone else's rights, and that leads to a claim against us, you agree to cover our reasonable costs of dealing with it, to the extent the law allows.
18. If we disagree: informal first, then arbitration
Talk to us first. Most problems are sorted out quickly. Before starting a formal claim, email [email protected] with your name, how to reach you, what went wrong and what you'd like us to do. We'll do the same if we have a claim against you. Both of us will try in good faith to settle it within 60 days.
Arbitration. If we can't settle it, you and we agree that any dispute about Brightwend or these terms will be decided by binding individual arbitration, not in court, except as described below. The arbitration will be run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. It can take place by video or phone, or in the county where you live. For claims under $10,000 that aren't frivolous, we'll pay the filing, administrative and arbitrator fees. The arbitrator can award the same individual relief a court could. The Federal Arbitration Act governs this section.
Exceptions. Either of us can instead bring an individual claim in small claims court, if it qualifies. Either of us can go to court to stop the misuse of our intellectual property.
No class actions. You and we each agree to bring claims only on an individual basis, not as a plaintiff or class member in a class, collective or representative action. If a court decides this paragraph can't be enforced for a particular claim, that claim (and only that claim) will be heard in court, not in arbitration.
You can opt out. You can choose not to be bound by this arbitration section by emailing [email protected] within 30 days of first agreeing to these terms. Tell us your name and the phone number or email on your account, and say that you're opting out of arbitration. Opting out won't affect anything else about your account.
Changes. If we change this section, the change won't apply to a dispute we already know about.
19. Which law applies
These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, and by federal law where it applies. This doesn't take away any protection you have under the consumer protection laws of the state where you live. Any claim that isn't arbitrated, and isn't in small claims court, will be heard in the state or federal courts located in Delaware, unless the law of your state entitles you to bring it where you live.
20. Changes to these terms
We may update these terms as Brightwend changes. If a change matters, we'll tell you by email or in the app at least 30 days before it takes effect, except where a change is needed sooner for safety or legal reasons. If you keep using Brightwend after that, the new terms apply. If you don't agree with them, you can cancel and delete your account before they take effect.
21. Ending
You can stop using Brightwend and delete your account at any time. We may suspend or close an account that breaks these terms, puts someone at risk or is used for fraud. Where it's safe to, we'll tell you why and give you a chance to ask for a copy of what you've kept. If we close your account without good reason, we'll refund the unused part of any paid year. Sections that by their nature should continue, such as 3, 4, 13 and 17 to 19, still apply after an account is closed.
22. The rest
- These terms, and the pages they link to, are the whole agreement between you and us about Brightwend.
- If any part is found unenforceable, the rest stays in effect.
- If we don't enforce a part straight away, we haven't given up the right to enforce it later.
- You can't transfer your account or these terms to someone else. We can transfer them to a company that takes over Brightwend, and these terms will continue to apply.
- We're not responsible for delays or failures caused by things outside our reasonable control, such as hurricanes and other severe weather, power or network outages, or problems with the services we depend on.
23. Contact
Agori Labs Inc. · [email protected] · Safety: [email protected] · Privacy: [email protected]