Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and the entity you represent ("you," "Customer") and Brilliance Direct LLC, doing business as "Métier" ("Métier," "we," "us," "our"), governing your access to and use of the Métier software service, websites, and applications (the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are accepting on behalf of a company, you represent that you are authorized to bind it.

1. The Service & accounts

Métier is a customer-relationship tool for field sales. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription, subject to these Terms.

• Eligibility: you must be at least 18 and able to form a binding contract. The Service is for business use, not personal/household use.
• Accounts: you are responsible for your account, for your authorized users (owners, managers, reps), and for keeping credentials secure. You are responsible for all activity under your account.
• Authorized users: you may provision users up to your plan's limits and are responsible for their compliance with these Terms.

2. Subscriptions, billing & renewal

• Plans & fees: the Service is offered on subscription plans (e.g., Solo, Growth, Pro, Enterprise) at the prices shown at purchase. AI features are included on all plans, subject to fair-use limits described at purchase (for example, a monthly action cap on the Solo plan).
• Billing & auto-renewal: depending on the plan you select, fees are billed in advance on a recurring monthly or annual basis through our payment processor (Stripe), and the subscription renews automatically for successive periods until cancelled. You authorize us to charge your payment method for all fees.
• Cancellation: you may cancel at any time. Cancellation stops future renewals and takes effect at the end of your current billing period; you retain access until then.
• Refunds: all fees are non-refundable, except where required by law or at our discretion (for example, to correct a billing error).
• Price changes: we may change prices with at least 30 days' notice, effective on your next renewal.
• Past-due accounts: if a payment fails, we may attempt to collect, and may suspend or limit the Service after notice until the balance is resolved.
• Taxes: fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.

3. Acceptable use

You agree not to, and not to permit any user to:

• use the Service unlawfully or in violation of these Terms or any third party's rights;
• send unsolicited, deceptive, or unlawful email, or otherwise violate anti-spam laws (such as the U.S. CAN-SPAM Act), including by using connected mailboxes to send messages recipients have not agreed to receive;
• upload content that is unlawful, infringing, or that you lack the right to process;
• attempt to gain unauthorized access to, probe, or disrupt the Service or its infrastructure;
• reverse engineer, copy, resell, or create derivative works of the Service, except as permitted by law;
• use the Service to build a competing product, or scrape or extract data other than your own;
• misuse AI features (see the AI Disclosure), including relying on AI output without human review for decisions affecting third parties.

We may investigate and take appropriate action, including suspension or termination, for violations.

4. Your data & your responsibilities

• Ownership: as between you and us, you own the Customer Data you submit. You grant us a limited license to host, process, and transmit it solely to provide and support the Service.
• Your representations: you represent that you have all rights and any necessary consents to submit Customer Data and to send communications through the Service, and that doing so complies with applicable law.
• Connected mailboxes: if you connect Gmail/Microsoft, you authorize Métier to send and read replies as described in the Privacy Policy, and you are responsible for your use of those features and your compliance with the providers' terms.
• Privacy: our handling of personal data is described in the Privacy Policy.

5. Intellectual property

The Service, including all software, design, text, and trademarks (including "Métier"), is owned by Brilliance Direct LLC and its licensors and is protected by intellectual-property laws. Except for the limited rights granted here, we reserve all rights. You may not use our marks without our prior written permission.

Feedback. If you give us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

6. Third-party services

The Service integrates with third parties (such as Google, Microsoft, Stripe, and Anthropic). Your use of those integrations is also subject to the third party's terms and privacy policies, and we are not responsible for third-party services. Integrations may change or be discontinued.

7. AI features

The Service offers AI-assisted features. AI output may be inaccurate or incomplete and is provided for your review; you are responsible for reviewing and approving any AI-assisted content before it is sent or relied upon. See the AI Disclosure. We make no warranty as to the accuracy of AI output.

8. Term & termination

• Term: these Terms apply while you use the Service or maintain an account.
• By you: you may stop using the Service and cancel at any time.
• By us: we may suspend or terminate your access for material breach (including non-payment), for unlawful or harmful use, or if required by law, with notice where practicable.
• Effect: you retain access to the Service until the last day of your paid subscription period. After that, we retain your Customer Data for 90 days so you can reactivate or export it, after which we may delete it as described in the Privacy Policy. Sections that by their nature should survive (ownership, disclaimers, liability limits, indemnity, dispute resolution) survive termination.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, BREACHES OF CONFIDENTIALITY, AND YOUR MISUSE OF THE SERVICE OR VIOLATION OF THE ACCEPTABLE-USE OR INTELLECTUAL-PROPERTY TERMS, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You will defend, indemnify, and hold harmless Métier and its affiliates from third-party claims and losses arising out of (a) your Customer Data, (b) your use of the Service in violation of these Terms or law, including unlawful communications, or (c) your violation of a third party's rights.

12. Dispute resolution & governing law

Governing law. These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

Informal resolution first. Before starting an arbitration, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. Any dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Westchester County, New York. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. To the extent permitted by law, disputes will be resolved only on an individual basis, and you and Métier each waive any right to participate in a class, collective, or representative action.

Exceptions. Either party may bring an action in the state or federal courts located in Westchester County, New York to seek injunctive or other equitable relief (for example, to protect intellectual property or confidential information) and to enforce an arbitration award; each party consents to personal jurisdiction there.

Opt-out. You may opt out of this arbitration agreement and class-action waiver by emailing [email protected] within 30 days of first accepting these Terms. If you opt out, disputes will instead be resolved by the courts located in Westchester County, New York.

13. Changes to the Service or Terms

We may modify the Service or these Terms. For material changes to the Terms, we will provide reasonable notice by email or in-app notice. Changes take effect on the date posted (or as stated in the notice), and your continued use means you accept them. If you do not agree, stop using the Service.

14. General

• Entire agreement: these Terms, the Privacy Policy, and any order or plan you select are the entire agreement between us regarding the Service.
• Assignment: you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability & waiver: if any provision is unenforceable, the rest remains in effect; a failure to enforce is not a waiver.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices: we may provide notices by email or in the Service; you may contact us at the address below.
• Relationship: the parties are independent contractors; these Terms create no agency, partnership, or joint venture.

15. Contact

Brilliance Direct LLC (d/b/a Métier)
Dobbs Ferry, NY 10522
[email protected]