Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Brightsea Inc. ("Company," "we," "us," or "our") governing your access to and use of DATIRA (accessible at datira.ai), WebPivotTable (WPT), and all related services, applications, and websites (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. By creating an account, accessing, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

2. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that:

• You are at least 16 years of age
• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Service under applicable laws
• Your use of the Service will not violate any applicable law or regulation
• All registration information you submit is truthful, accurate, and complete

If you are under 18, you represent that you have your parent's or guardian's permission to use the Service and that they have read and agree to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must register for an account. You may register using your email address or through supported third-party authentication providers (such as Google or GitHub). You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Not share your account credentials with anyone
• Immediately notify us at support@brightsea.ca if you suspect unauthorized access to your account
• Log out of your account at the end of each session when using shared devices

We are not liable for any loss or damage arising from your failure to comply with these security requirements.

3.3 Account Termination

You may terminate your account at any time by deleting it through your account settings or by contacting us. We may suspend or terminate your account if we reasonably believe you have violated these Terms, subject to Section 14 (Termination).

4. Service Description

4.1 Overview

DATIRA is a cloud-based data analytics platform that enables you to upload, clean, analyze, and visualize data. The Service includes:

• Data upload and storage (CSV, Excel, JSON, and other formats)
• Data cleaning and transformation tools
• AI-powered data analysis, report generation, and dashboard creation
• Pivot table creation and analysis (powered by WebPivotTable)
• Report and dashboard creation
• Sharing and collaboration features
• Export and download capabilities

4.2 Service Tiers

The Service is offered in multiple tiers (Free, Pro, Business, Enterprise) with different features, limits, and pricing as described on our Pricing Page. We reserve the right to modify features, limits, and pricing for future subscription periods with reasonable notice.

4.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes that affect your use of the Service. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

5. Subscription and Payment Terms

5.1 Free Tier

The Free tier provides basic access to the Service with limitations on storage, features, and usage. Free tier features may be modified at any time. Free tier users utilize browser-based memory mode; data persistence is limited.

5.2 Paid Subscriptions

Paid subscriptions (Pro, Business, Enterprise) are billed on a monthly or annual basis as selected during checkout. By subscribing to a paid plan, you authorize us to charge your payment method for the subscription fees at the then-current rates plus applicable taxes.

5.3 Free Trial

We may offer a free trial period for paid subscriptions. If you do not cancel before the trial ends, you will be automatically charged for the subscription. Trial terms and duration are specified at enrollment.

5.4 Automatic Renewal

Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

5.5 Price Changes

We may change subscription prices at any time. Price changes will take effect at the start of your next billing period. We will provide at least 30 days' notice of price increases via email or in-app notification.

5.6 Refunds

Subscription fees are generally non-refundable, except as required by applicable law. However, if you are unsatisfied with the Service, you may request a refund within 14 days of your initial subscription purchase by contacting support@brightsea.ca. Refunds are provided at our discretion.

5.7 Payment Failure

If payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend your access to paid features until payment is received. Continued non-payment may result in account downgrade or termination.

6. User Content and Data

6.1 Your Content

"User Content" means any data, files, text, information, reports, dashboards, or other materials you upload, create, store, or process through the Service. You retain all ownership rights in your User Content.

6.2 License to Brightsea

By using the Service, you grant Brightsea Inc. a limited, non-exclusive, royalty-free, worldwide license to access, use, copy, store, process, and display your User Content solely as necessary to:

• Provide, maintain, and improve the Service
• Process your data according to your instructions (including data transformation, analysis, and AI features)
• Generate aggregated, anonymized insights about Service usage (which will not identify you or your data)
• Comply with applicable legal requirements

This license terminates when you delete your User Content or your account, except as required for legal compliance or backups retained as described in our Privacy Policy.

6.3 User Content Representations

You represent and warrant that:

• You own or have the necessary rights and permissions to upload and use your User Content
• Your User Content does not infringe any third party's intellectual property, privacy, or other rights
• Your User Content complies with all applicable laws and regulations
• Your User Content does not contain malware, viruses, or harmful code

6.4 Data Processing

For Enterprise customers processing personal data subject to GDPR or similar regulations, we offer a Data Processing Agreement (DPA). Contact sales@brightsea.ca to request a DPA.

6.5 Data Backup and Recovery

While we implement reasonable backup procedures, you are responsible for maintaining your own backups of your User Content. We are not liable for any loss of User Content except as caused by our gross negligence or willful misconduct.

7. Acceptable Use Policy

You agree not to use the Service to:

7.1 Prohibited Content

• Upload, store, or process content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Upload content that infringes any intellectual property rights, trade secrets, or proprietary rights of others
• Upload content that violates any person's privacy rights
• Upload malware, viruses, or any other malicious code
• Upload child sexual abuse material or any content that exploits minors

7.2 Prohibited Activities

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any fraudulent or deceptive purpose
• Attempt to gain unauthorized access to the Service, other accounts, or any systems or networks
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use automated means (bots, scrapers, etc.) to access the Service except through our official APIs
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove, obscure, or alter any proprietary notices or labels
• Use the Service to compete with Brightsea Inc. or to develop a competing product
• Resell, sublicense, or provide access to the Service to third parties without authorization
• Circumvent any usage limits, access controls, or security measures
• Use the Service in a manner that could damage, disable, overburden, or impair the Service
• Send spam, unsolicited messages, or promotional materials through the Service

7.3 Enforcement

We reserve the right (but have no obligation) to review, monitor, and remove User Content that violates these Terms. Violations may result in warnings, suspension, or termination of your account at our sole discretion.

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, source code, and the DATIRA, WebPivotTable (WPT), and Brightsea trademarks, logos, and service marks, are owned by Brightsea Inc. and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your personal or internal business purposes, subject to these Terms. This license does not include the right to:

• Modify, adapt, or create derivative works of the Service
• Copy, reproduce, or distribute the Service
• Sell, resell, license, or commercially exploit the Service
• Use the Service for any purpose not expressly permitted by these Terms

8.2 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Service without any obligation to you.

8.3 Third-Party Components

The Service may include third-party software, libraries, or components that are subject to separate license terms. Such third-party components are provided under their respective licenses.

9. AI Features and Services

9.1 AI-Powered Features

The Service includes AI-powered features for data pivoting, report generation, dashboard creation, and natural language queries. These features use machine learning models, which may include third-party AI services (such as OpenAI, Anthropic, or similar providers).

9.2 AI Limitations

AI-generated outputs are provided for informational and convenience purposes only. You acknowledge that:

• AI outputs may be inaccurate, incomplete, or biased
• AI features are not a substitute for professional judgment or expertise
• You are responsible for reviewing and validating AI-generated suggestions before acting on them
• AI features are subject to usage limits based on your subscription tier

9.3 AI Data Usage

When you use AI features, your queries and relevant data context may be processed by third-party AI providers. We do not use your data to train general AI models. See our Privacy Policy for details on AI data processing.

10. Sharing and Collaboration

10.1 Sharing Features

Depending on your subscription tier, you may share reports and dashboards via:

• Export files: Download .wpt files to share offline
• Public links: Generate shareable links accessible to anyone with the link (Pro and above)
• Email invitations: Send reports to specific email addresses (Business and above)
• Organization sharing: Share within your organization workspace (Business and above)

10.2 Sharing Responsibility

You are responsible for managing access to your shared content. When you share content:

• You grant recipients access according to your sharing settings (view-only or edit)
• Public links are accessible to anyone who obtains the link
• You can revoke access at any time by disabling sharing or deleting the shared content
• Shared content may be copied or downloaded by recipients with access

10.3 Server-Side Compute for Shared Content

Shared reports use server-side compute (on Pro tiers and above) to protect your raw data. Recipients of shared reports see only aggregated results, not your underlying raw data. However, you should not share reports containing sensitive information that could be inferred from aggregated results.

11. Third-Party Services and Links

The Service may integrate with or contain links to third-party services, websites, or applications. These third parties have their own terms and privacy policies that govern their services. We are not responsible for the availability, accuracy, or content of third-party services, and your use of such services is at your own risk.

Third-party services may include:

• Authentication providers (Google, GitHub)
• Payment processors (Stripe)
• AI service providers (OpenAI, Anthropic)
• Cloud infrastructure (AWS)
• OLAP server connections you configure

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• DEFECTS WILL BE CORRECTED
• THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• ANY AI-GENERATED CONTENT, SUGGESTIONS, OR ANALYSIS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE

YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIGHTSEA INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• LOSS OF GOODWILL OR REPUTATION
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• ANY DAMAGES ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT OR SUGGESTIONS
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH LIABILITY IS BASED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Brightsea Inc. and its officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any law, regulation, or third-party right
• Any claim that your User Content caused damage to a third party

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

15. Termination

15.1 Termination by You

You may terminate your account at any time by deleting it through your account settings or by contacting support@brightsea.ca. Termination does not entitle you to a refund of any fees already paid, except as described in Section 5.6.

15.2 Termination by Us

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, if:

• You breach any provision of these Terms
• You fail to pay subscription fees when due
• We are required to do so by law
• We reasonably believe your conduct may cause legal liability or harm to the Service or other users
• We discontinue the Service entirely

15.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and User Content within 30 days (sooner if required by law)
• You may request a copy of your User Content before termination takes effect
• Any provisions of these Terms that by their nature should survive termination will survive (including Sections 6.2, 8, 12, 13, 14, 16, 17, and 18)

16. Dispute Resolution

16.1 Informal Resolution

Before filing any legal claim, you agree to try to resolve the dispute informally by contacting support@brightsea.ca. We will try to resolve the dispute informally within 60 days.

16.2 Arbitration Agreement

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by a mutually agreed-upon arbitration provider, except that either party may seek injunctive or other equitable relief in court to protect intellectual property rights or prevent irreparable harm.

16.3 Class Action Waiver

YOU AND BRIGHTSEA INC. AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

16.4 Exceptions

Notwithstanding the above, either party may bring claims in small claims court if the claim qualifies, and either party may seek injunctive relief in any court of competent jurisdiction.

17. Governing Law and Jurisdiction

These Terms and your use of the Service are governed by the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles. Subject to the arbitration provisions above, any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts located in Toronto, Ontario, Canada, and you consent to the personal jurisdiction of such courts.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Brightsea Inc. regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver must be in writing and signed by us.

18.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

18.5 Notices

We may provide notices to you by email to the address associated with your account, by posting on the Service, or by other reasonable means. You are responsible for keeping your email address current. Notices to us must be sent to support@brightsea.ca.

18.6 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of war or terrorism, labor disputes, government actions, or internet or telecommunications failures.

18.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

19. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. For significant changes that affect your rights, we may also send email notification.

Your continued use of the Service after any changes indicates your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

20. Contact Information

If you have questions about these Terms, please contact us: