1. Scope of Services

Bright Harbor provides disaster recovery support services to individuals affected by natural disasters. Our services include access to a disaster recovery advisor and assistance in locating and managing resources essential for recovery. We may, at your request, introduce you to third-party professionals for services requiring licensure. Such referrals are for your convenience only; Bright Harbor does not endorse, warranty, or guarantee the services of any third party.

2. No Licensed Advice

We are not a general contractor, insurance broker, adjuster, public adjuster or lawyer. We do not provide legal, medical, or adjusting services, and we will never negotiate insurance claims or offer legal or medical advice. By using our services, you acknowledge and agree to these limitations. 

All information provided by Bright Harbor is for general informational purposes only and should not be construed as professional advice. We do not review information for legal or medical accuracy, draw legal or medical conclusions, or apply the law to the facts of your situation.

3. Account Registration and Security

To access certain services, you must create an account. You warrant that all information provided is true, accurate, and complete to the best of your knowledge, and you agree to promptly update any changes. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify Bright Harbor immediately of any unauthorized use of your account or any other breach of security. Bright Harbor is not liable for losses resulting from unauthorized use unless due to our gross negligence.

4. Fees, Plans, Refunds, and Service Modifications

Bright Harbor offers multiple plan options, all with no long-term commitment and a day money-back guarantee. To request a refund, you must provide written notice. Refunds will be processed within 14 days of approval.

The specific features, pricing, services, and resources included in each plan will be communicated to you in writing or made available to you in writing at the time of enrollment and may be updated from time to time. Bright Harbor reserves the right to modify the details of what is included in each plan, and such modifications will be communicated to you in writing or made available to you in writing.

If you require additional services beyond your plan, they will be subject to additional fees at our then-current rates. Bright Harbor reserves the right to modify, suspend, or discontinue any aspect of the services, including service offerings and fee structure, with at least 30 days’ advance notice to you via email or other direct means. Such changes will only apply prospectively.

5. Use of Artificial Intelligence and Large Language Models

Bright Harbor may use large language models and other forms of artificial intelligence (“AI”) to assist with certain tasks, including but not limited to providing information, generating communications, and supporting recovery processes. These AI models are experimental and may be subject to errors, inaccuracies, or limitations. By using our services, you acknowledge and accept that outputs generated by AI may not always be accurate or reliable, and you should not rely solely on such outputs for making important decisions. Bright Harbor is not responsible for any errors or omissions resulting from the use of AI or large language models.

6. Client Responsibilities

You agree to provide accurate and complete information as required by Bright Harbor and to promptly communicate any changes in your situation or needs. You acknowledge that Bright Harbor’s ability to provide services depends on the accuracy and completeness of the information you provide.

7. Third-Party Relationships and Disclaimers

Bright Harbor may receive compensation from third-party vendors who use our platform and perform work on your behalf. Our introduction of third-party vendors does not constitute an endorsement, warranty, or guarantee of their services. Any issues or disputes with third-party vendors must be resolved directly with the vendor. Bright Harbor is not responsible for the quality, reliability, or outcome of services provided by third parties.

8. Acceptable Use and Prohibited Conduct

You agree not to use Bright Harbor’s services for any unlawful or prohibited activities, including but not limited to impersonation, fraud, interference with service integrity, or transmission of malicious code. Bright Harbor reserves the right to remove any content or suspend/terminate accounts that violate this Agreement or applicable law, at our sole discretion. We may cooperate with law enforcement or regulatory authorities in investigating violations.

9. Intellectual Property

All content, trademarks, service marks, and logos provided by Bright Harbor are the property of Bright Harbor or its licensors. You may not use, reproduce, or distribute any content without prior written permission.

10. Limitation of Liability

To the maximum extent permitted by law, Bright Harbor and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: (a) loss of data, income, profits, use, or goodwill; (b) any actions, errors, or omissions by third parties, including vendors, contractors, or professionals to whom we refer you; (c) any costs of repair, reconstruction, or restoration; (d) any damages, losses, or adverse consequences arising from insurance claims, compensation requests, or other recovery efforts, whether pursued with Bright Harbor's assistance or independently; (e) any physical, emotional, or economic injuries or losses resulting from your disaster recovery efforts; or (f) any other losses or damages of any kind, whether arising from or related to your use of our services or your disaster recovery efforts generally, even if advised of the possibility of such damages. You acknowledge and agree that you are solely responsible for pursuing and obtaining all appropriate compensation, insurance claims, and other relief related to your disaster recovery. In no event shall Bright Harbor’s total aggregate liability for all claims arising out of or relating to the services exceed the greater of (i) $500 or (ii) the total amount paid by you to Bright Harbor for the services in the twelve (12) months preceding the event giving rise to the claim. This limitation does not apply to liability for Bright Harbor’s fraud or willful misconduct, or where such limitation is prohibited by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Bright Harbor and its affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the services, your violation of this Agreement, or your infringement of any intellectual property or other rights of any third party.

12. Privacy and Data Protection

Bright Harbor is committed to protecting your personal information in accordance with applicable laws and regulations. Our data collection and usage practices are governed by our Privacy Policy, which is incorporated by reference into this Agreement. By using our services, you expressly consent to the collection, use, storage, and processing of your information as described in our Privacy Policy.

13. Modification of Terms

Bright Harbor reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website, updating the effective date, and sending notice to the email address associated with your account. Any such changes will become effective thirty (30) days after such notice. Your continued use of the services after such changes constitutes your acceptance of the new Terms.

14. Governing Law and Dispute Resolution

This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in Austin, Texas, in accordance with the expedited rules of the American Arbitration Association. You may opt out of arbitration by sending written notice to Bright Harbor within 30 days of your acceptance of this Agreement, including your name, address, and a clear statement of your intent to opt out. Notwithstanding the foregoing, if applicable law requires that arbitration be conducted in the state of your residence, then arbitration shall be conducted in the county (or parish) where you reside at the time the claim is filed. If such a requirement applies, the parties agree to conduct the arbitration in that location, and all references to Austin, Texas, in this arbitration provision shall be deemed to refer to the consumer’s home county or parish. 

To the fullest extent permitted by applicable law, you and Bright Harbor agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Bright Harbor Service shall be resolved on an individual basis only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

You and Bright Harbor expressly waive any right to bring or participate in a class action, class arbitration, or other representative action or proceeding. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

If this class action waiver is found to be unenforceable, then the entirety of the arbitration provision shall be null and void, and any such dispute, claim, or controversy must be brought exclusively in the state or federal courts located in Travis County, Texas.

By agreeing to these terms, you acknowledge and agree to waive any right to a jury trial or to participate in a class action or representative proceeding with respect to any claims arising out of or relating to this Agreement or the Bright Harbor Service.

The arbitration and class action waiver provisions survive termination of this Agreement.

15. Termination

Either party may terminate this Agreement at any time by providing thirty (30) days’ written notice to the other party. Upon termination, your right to use the services will cease at the end of the notice period, and any outstanding fees will become immediately due and payable. Bright Harbor may terminate this Agreement immediately upon written notice for your breach of this Agreement.

16. Confidentiality

Bright Harbor will keep all personal and sensitive information you share confidential and will only use it to provide services as described in our Privacy Policy or as required by law. We do not sell your information, but may share it with vendors or third parties as necessary to provide our services or as otherwise described in our Privacy Policy. This confidentiality obligation remains in effect even after the agreement ends.

17. Miscellaneous

• Entire Agreement: This Agreement, together with the Privacy Policy and any other referenced documents, constitutes the entire agreement between you and Bright Harbor and supersedes all prior understandings or agreements.

• Severability: If any provision is found invalid or unenforceable, the remainder of the Agreement remains in effect.

• Assignment: You may not assign your rights or obligations without Bright Harbor’s prior written consent. Bright Harbor may assign this Agreement in connection with a merger, acquisition, or sale of assets.

• Electronic Communications: You consent to receive communications electronically, and such communications satisfy any legal requirements for written notice.

18. User Acknowledgment and Acceptance

By signing up for our service, you affirmatively acknowledge that you have read, understood, and agree to the terms and conditions of this Agreement and our Privacy Policy.