Terms and conditions Trial

Brilliant’s full general terms and conditions, including the data processing agreement, are available at brilliantfuture.se/en/terms-and-conditions and apply in full if the Customer, after the Trial Period, enters into a paid subscription. In the event of any conflict between these Trial Terms and the full general terms and conditions, these Trial Terms shall apply during the Trial Period. 

1.    What is included in the Trial Period

During the Trial Period, the Customer receives a non-exclusive, non-transferable right to use the Service for the Customer’s internal operations, to the extent and subject to any limitations (e.g. number of users) set out at registration and/or in the Service. The Trial Period runs for 45 days from the date the account is created and is entirely free of charge. No payment card details or other payment information are required to start the Trial Period.

2.    What happens when the Trial Period expires

The Trial Period does not automatically convert into a paid subscription. If the Customer does not, before the Trial Period expires, add payment details and actively confirm a paid subscription, the Customer’s access to the Service’s features will be automatically disabled at the end of the Trial Period. However, the Customer will still be able to log in to the platform for a reasonable period after the end of the Trial Period in order to download its Customer Data and Output Data. Brilliant will notify the Customer within the Service ahead of the Trial Period expiring. If the Customer wishes to continue using the Service after the Trial Period, Brilliant’s full general terms and conditions and the order/subscription then entered into by the Customer shall apply. Brilliant may, at any time during the Trial Period and with reasonable notice, terminate or withdraw the Trial Period, for example in the event of misuse of the Service or these Trial Terms.

3.    Restrictions on use

During the Trial Period, the Customer may not, and may not permit anyone else to:
a)    use the Service in violation of law or in a manner that infringes the rights of any third party;
b)    use the Service in a manner that may harm the Service or other customers’ use of it;
c)    use the Service to make decisions concerning individuals entirely without human oversight;
d)    use the Service to categorise individuals based on sensitive personal characteristics (e.g. gender, race, religion, health) or to draw conclusions about individuals’ emotions, except for anonymised or aggregated text analysis and sentiment interpretation;
e)    attempt to extract the source code from, decompile, or create derivative works based on the Service; or
f)    make the Service available to any third party beyond what is intended for the Customer’s own employees and, where applicable, respondents to surveys/questionnaires.

The Customer is responsible for ensuring that the data the Customer or its users input into the Service is lawful and does not infringe the rights of any third party, and for informing its own users of these Trial Terms.

4.    Intellectual property rights

Brilliant owns the Service and all intellectual property rights relating to it. The Customer does not receive any rights to the Service other than the limited right of use set out above.

The Customer owns its own data (“Customer Data”) as well as the results, analyses and summaries (“Output Data”) that the Service generates based on Customer Data during the Trial Period.

5.    Customer Data and processing of personal data

The Customer grants Brilliant the right to use, process and store Customer Data for the purpose of providing the Service during the Trial Period. Brilliant may also use Customer Data in anonymised and aggregated form to improve the Service and to produce industry statistics.

The Customer may, at any time during the Trial Period, export its Customer Data or request that it be deleted. If the Customer does not enter into a paid subscription after the Trial Period, Customer Data will be deleted in accordance with Brilliant’s data retention procedures, unless the Customer has exported the data before then.

The Service involves Brilliant processing personal data on behalf of the Customer. The Customer is the data controller and Brilliant acts as data processor. Brilliant’s standard data processing agreement, which the Customer accepts by creating an account and which is available at brilliantfuture.se/terms-and-conditions, applies to such processing.

6.    Support

Brilliant provides limited support by e-mail (support@brilliantfuture.se) during ordinary office hours. Brilliant makes no warranties regarding the availability or functionality of the Service during the Trial Period, and the Trial Period is not covered by the service levels that apply to paid subscriptions.

7.    Limitation of liability

Since the Trial Period is free of charge, the Service is provided during the Trial Period on an “as is” basis, without warranties of any kind other than as expressly stated in these Trial Terms. Brilliant’s total liability to the Customer for damages arising during the Trial Period is, to the extent permitted by law, limited to a maximum of one price base amount. Neither party shall be liable for indirect damages, consequential damages or loss of profit. This limitation of liability does not apply in the case of intent, gross negligence, or such liability that cannot be limited under mandatory law.

8.    Confidentiality

Each party shall treat information received from the other party that is marked as, or that should reasonably be understood to be, confidential with the same degree of care that the party applies to its own confidential information of a similar nature, but never with less than reasonable care. Customer Data always constitutes confidential information.

9.    Amendments and termination

The Customer may terminate its account at any time during the Trial Period, free of charge and without notice. Brilliant may amend these Trial Terms with future effect for new customers; changes will be announced at brilliantfuture.se/terms-and-conditions.

10.    Governing law and dispute resolution

These Trial Terms are governed by Swedish law. Disputes shall primarily be resolved through discussion between the parties. If the parties are unable to reach agreement, the dispute shall be finally settled by arbitration administered by the SCC Arbitration Institute in accordance with the Rules for Expedited Arbitrations, with its seat in Stockholm.

11.    Contact

Questions about the Trial Period or these Trial Terms will be answered by support@brilliantfuture.se.