Terms of Service

Bright Ears is operated by Bright Ears Co., Ltd., a company registered in Thailand (registration number 0105550096659). By creating an account or using Bright Ears, you agree to these terms. If you are using the service on behalf of a business, you confirm you are authorised to bind that business. If you do not agree, do not use the service.

Bright Ears is a tool for businesses(performer businesses such as DJs and bands), not for consumers. You confirm you are subscribing for purposes related to your trade or profession. Where, despite this, mandatory consumer-protection law applies to you, nothing in these terms removes a right you cannot legally waive (see Governing law).

Bright Ears ingests the inquiries your business receives, triages spam, drafts replies in your voice, lets you approve them, and runs follow-up sequences. An optional proactive Hunt can draft and send outreach to venues on your behalf. Features available to you depend on your plan.

No outcome is guaranteed. The service is provided to help you respond faster and follow up reliably. It does not guarantee bookings, revenue, deliverability of any message, or any other specific outcome. AI-generated drafts may contain errors or inaccuracies; you are responsible for reviewing and approving messages before they are sent, except where you choose to enable per-source automatic sending (in which case you accept responsibility for those automated sends).

• You must provide accurate account information and keep your credentials secure.
• You are responsible for all activity under your account.
• Your use of the service — and especially all outbound messaging — must comply with our Acceptable Use & Anti-Spam Policy, which forms part of these terms.
• You must not attempt to reverse engineer, disrupt, overload, or gain unauthorised access to the service, nor use it to impersonate others or send unlawful, deceptive or harassing messages.

For every outbound message generated or sent through Bright Ears — whether delivered via our Postmark infrastructure (mail.brightears.io) or from your own connected Google mailbox — you are the legal sender and initiator of that message. Bright Ears provides the tooling; you decide who is contacted and what is said, and you are solely responsible for compliance with all applicable anti-spam and electronic-marketing law (including CAN-SPAM, CASL, UK PECR, the Australian Spam Act, and the GDPR/ePrivacy rules), as detailed in the Acceptable Use & Anti-Spam Policy.

You agree to indemnify and hold harmless Bright Ears Co., Ltd. and its officers and contractors against any claims, penalties, fines, losses and reasonable costs arising out of messages you send (or cause to be sent) through the service, or out of your breach of the Acceptable Use Policy or applicable law. This indemnity survives termination.

For the personal data of your leads and end-clients that flows through the product, you are the controller and Bright Ears is the processor; that handling is governed by the Privacy Policy and the Data Processing Addendum, which form part of these terms. For your own account data, and for the scraped venue contacts gathered by the Hunt, Bright Ears is the controller — see the Privacy Policy. You remain responsible for having a valid legal basis for your leads’ data and for the messages you send.

• Subscribe to activate. Your agent is paused until you subscribe to a plan. Subscribing switches the service on; there is no automatic free trial. You can cancel at any time, and you stay month-to-month throughout.
• Subscription and prices. Paid plans are billed monthly through Stripe and renew automatically: Starter $25/month, Pro $79/month, Studio $149/month. Your plan sets your monthly inbound-inquiry capacity and the features available to you. We do not send surprise overage bills — at your plan’s cap, drafting pauses and we prompt you to add capacity rather than charging automatically.
• Auto-renewal disclosure (express consent). When you add a payment method and subscribe to a plan, you are enrolling in an automatically renewing subscription: it continues each month at the price above and your card is charged each renewal until you cancel. By subscribing you give express consent to these recurring charges. This disclosure is provided clearly and conspicuously at the point of subscribing, consistent with the California Automatic Renewal Law, the US ROSCA / FTC Act §5, and equivalent rules.
• Cancel anytime. You can cancel at any time, self-serve, through the same medium you used to subscribe — from Settings (which opens the Stripe customer portal). Cancellation stops future renewals from the end of the current billing period.
• No money-back guarantee. Subscriptions are month-to-month and you can cancel at any time, so fees already billed are non-refundable except where a refund is required by applicable mandatory law. At your cap we pause — never a surprise bill.

Bright Ears and its software, design and content are owned by Bright Ears Co., Ltd. You retain ownership of your business content (profile, packages, voice samples) and your leads’ data, and you grant us the rights needed to process that content to provide the service.

To the fullest extent permitted by law, the service is provided “as is” and “as available”, without warranties of any kind. We do not warrant that the service will be uninterrupted or error-free, or that AI-generated content will be accurate.

Liability cap. To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the service in any 12-month period is limited to the amount of fees you paid us in the 12 months before the event giving rise to the claim.

Excluded losses. We are not liable for any indirect, incidental, special or consequential loss, or for lost profits, lost revenue, lost bookings, lost goodwill or lost data, however arising.

Carve-outs.Nothing in these terms limits or excludes liability for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, for death or personal injury caused by negligence, or for any liability that cannot lawfully be limited or excluded — including non-excludable consumer guarantees under the Australian Consumer Law, the UK Consumer Rights Act, or other mandatory consumer law where it applies. These limitations are intended to be reasonable and to operate only to the extent permitted by Thailand’s Unfair Contract Terms Act and other applicable law; if any limitation is held unenforceable, it applies to the maximum extent that is enforceable.

You may stop using the service at any time. We may suspend or terminate access if you breach these terms (including the Acceptable Use Policy) or use the service unlawfully. On termination, your data is handled per the Privacy Policy and the Data Processing Addendum.

We may update these terms; material changes will be communicated, and continued use after the effective date constitutes acceptance.

Governing law and venue. These terms are governed by the laws of Thailand, and the courts of Thailand have jurisdiction over disputes. However, where you deal with us as a consumer protected by mandatory law in your country of residence, that choice of law and venue does not deprive you of the protection of provisions that cannot be derogated from by agreement under that mandatory law (for example, Article 6 of the EU Rome I Regulation, the UK Consumer Rights Act, or the Australian Consumer Law), and you may have the right to bring proceedings in your local courts.

Questions about these terms can be sent to info@brightears.io.