Version: September 2025

Article 1 – Definitions

In these Terms & Conditions, the following definitions apply:
- Brightness Subscriptions BV: the private limited company, registered in Hoofddorp, the Netherlands, with its office at Graftermeerstraat 22C, 2131AC Hoofddorp, registered with the Dutch Chamber of Commerce under number 81921985, trading under the name SparkleCloud.AI.
- Customer: any natural person or legal entity that enters into an agreement with Brightness Subscriptions BV to use the Service.
- Service: the use of the SparkleCloud.AI software-as-a-service platform and related modules.
- Agreement: any agreement between Brightness Subscriptions BV and Customer regarding the use of the Service.

Article 2 – Applicability

1. These Terms & Conditions apply to all offers, agreements, and deliveries of Brightness Subscriptions BV.
2. Deviations are only valid if expressly agreed upon in writing.

Article 3 – Services

1. SparkleCloud.AI is a SaaS solution offering modules, including CRM, AI tools, CMS, and sales modules.
2. The modules are ready-to-use and can be deployed immediately but may be customized to the Customer’s business processes if agreed.
3. Brightness Subscriptions BV reserves the right to modify and improve the Service from time to time.

Article 4 – Accounts and Use

1. Customer is responsible for the proper and secure use of login credentials.
2. The Customer may not use the Service for illegal activities or activities that may disrupt the Service.
3. The Customer is liable for all actions carried out through their account.

Article 5 – Subscription, Payment and Duration

1. The Service is provided on a subscription basis, payable monthly or annually in advance.
2. Payment shall be made through the payment provider designated by Brightness Subscriptions BV.
3. Cancellation must be submitted in writing at least 30 days before the end of the subscription period.
4. If no timely cancellation is received, the subscription will automatically renew for the chosen term.

Article 6 – Liability

1. The liability of Brightness Subscriptions BV is at all times limited to the amount the Customer has paid for the subscription in the month in which the incident occurred.
2. Brightness Subscriptions BV is not liable for indirect damages, including consequential damages, lost profits, or data loss.

Article 7 – Maintenance and Availability

1. Brightness Subscriptions BV shall use reasonable efforts to ensure high availability of the Service but does not guarantee uninterrupted access.
2. Maintenance may result in temporary unavailability of the Service. Maintenance will be announced in advance where reasonably possible.

Article 8 – Intellectual Property

1. All intellectual property rights related to the Service, including software, modules, designs, documentation, and know-how, are owned by Brightness Subscriptions BV or its licensors.
2. The Customer only obtains a non-exclusive and non-transferable right to use the Service for the duration of the Agreement.

Article 9 – Force Majeure

1. Brightness Subscriptions BV shall not be obliged to perform any obligation if prevented from doing so by force majeure.
2. Force majeure includes, among other things: failures in telecommunication infrastructure, internet outages, power failures, network downtime, cyberattacks, and failures of suppliers.

Article 10 – Governing Law and Disputes

1. This Agreement shall be governed by Dutch law.
2. Any disputes shall be submitted to the competent court in Amsterdam, the Netherlands.