Terms of Service

Terms of Service

Effective Date: February 18, 2026

0. Definitions

1. Company Parties
   • Refers to Pacific Holdings, LLC, a Nevada limited liability company, doing business as Brilliant Directories, and its affiliates, contractors, officers, directors, employees, agents, service providers, successors, and assigns. Pacific Holdings, LLC is the sole legal entity responsible for operating and maintaining the Service, and any legal disputes, claims, lawsuits, or legal processes of any kind initiated against any of the Company Parties must be exclusively directed to and formally served upon Pacific Holdings, LLC at its principal place of business. Throughout these Terms, "we," "us," and "our" refer to these Company Parties.
2. Service
   • Refers to all websites, platforms, portals, subdomains, mobile and desktop applications, software, APIs, hosting environments (including production, beta, staging, and testing), tools, documentation, and support services operated, managed, or provided by Company Parties—whether directly or through third-party providers—including, without limitation, BrilliantDirectories.com, ManageMyDirectory.com, DemoBootstrap.com, and any successor or related domains, subdomains, or properties.
3. Terms
   • These Terms of Service, including all schedules, policies, and referenced materials.
4. User
   • Any individual or entity that accesses, browses, visits, views, interacts with, submits information to, or otherwise uses the Service in any manner, whether actively or passively, whether manually or through automated means, whether as a paying customer, account holder, administrator, member, contributor, or anonymous website visitor. Throughout these Terms, "You," "Users," and "Your" refer to any such individual or entity.
5. Privacy Policy
   • Our Privacy Policy, which is incorporated herein by reference.
6. USD
   • United States Dollars, the currency in which all fees, charges, and penalties under these Terms are denominated.

1. Acceptance of Terms

By accessing, browsing, viewing, interacting with, or otherwise using the Service in any manner, you enter into a binding agreement with the Company Parties and agree to these Terms and to the terms of our Privacy Policy. Your access to or use of the Service constitutes legally sufficient consideration and your affirmative agreement to these Terms, whether or not you create an account. If you represent a legal entity, you confirm that you have full authority to bind that entity to these Terms. If you disagree with any part of these Terms, you must immediately discontinue use of the Service. Continued access or use of the Service after updates are posted constitutes acceptance of those changes. No fiduciary, agency, joint venture, or partnership relationship is created by these Terms. These Terms are drafted in English; in case of conflict, the English version prevails. You acknowledge that these Terms are presented in a clear and conspicuous manner and that your continued use of the Service constitutes affirmative assent under applicable law.

2. Changes to Terms

Company Parties may update these Terms at any time by posting revisions at https://www.brilliantdirectories.com/terms-of-service. Amendments will take effect 30 days after posting on that page or as otherwise specified in our notice. By continuing to access or use the Service after updated Terms are posted and the notice period has passed, you agree to the revised Terms. It is your responsibility to review the latest version of the Terms regularly.

3. Eligibility & Account Terms

1. Users must be at least 13 years old; under 18 requires parental consent.
2. Provide accurate information during signup and keep it current. False or misleading details may lead to immediate suspension or termination.
3. Each login is personal and non-transferable; you are responsible for all activity under your account. Safeguard your credentials and notify us of unauthorized use.
4. Users agree to interact with Company Parties' staff and representatives in a respectful, courteous, and professional manner in all communications.
5. Company Parties may suspend or terminate your account at any time, including but not limited to violations of these Terms, suspected unlawful conduct, abuse of the Service, security risks, or business necessity.
6. Upon cancellation or termination, you must cancel any third-party subscriptions or payments you manage.
7. Plans include default quotas for bandwidth, disk space, outbound emails, member seats, and other quantifiable resources. You can increase these quotas by purchasing boosts and upgrades as detailed on our Add-ons Page, which links to pricing information. Exceeding your allocated quotas without purchasing additional capacity may result in account suspension or other limitations to ensure fair usage for all users. It is your responsibility to monitor your usage and manage your plan and add-ons accordingly.
8. Account ownership transfers require a verified written request and may involve a transfer fee. Contact [email protected]. Users may not assign or delegate their rights or obligations, including by change of control, without prior written consent.

4. License & Permitted Use

1. We grant you a limited, non-exclusive, non-transferable, revocable license for internal business use of the Service. All licenses terminate upon account cancellation or upon these Terms ending.
2. Accessing the Service does not grant you any ownership rights in the underlying software, content, or intellectual property; all such rights remain with Company Parties or their licensors.
3. Prohibited actions include reverse engineering, modifying, sublicensing, reselling, unlawful use, or hosting unauthorized third-party applications.
4. Company Parties may audit, throttle, suspend, revoke, or delete your access (including API keys) at will if non-compliance is suspected—no prior notice required.
5. Ownership of Platform Code & Design. All platform code, styling variables, scripts, templates, UI components, and backend logic remain the sole intellectual property of Company Parties and are licensed to Users on a limited, revocable basis. Users may not export, copy, host, or deploy these assets outside of the Service. Unauthorized replication—whether in whole or in part—constitutes a material breach of these Terms and may result in legal action, including suspension, termination, and injunctive relief.

5. Accuracy and Availability of Information

Company Parties make no representations or warranties regarding the accuracy or completeness of any information or content provided through the Service. Company Parties reserve the right to withdraw or delete any such information or content at any time without notice.

6. User Content, Feedback & DMCA Compliance

1. You retain ownership of any content you upload; Company Parties do not claim ownership of your content. You grant Company Parties a worldwide, non-exclusive, royalty-free license—to host, reproduce, and display it as necessary to operate and improve the Service. This license survives termination of these Terms.
2. We do not sell personal information and do not share personal information except as described in our Privacy Policy or as reasonably necessary to provide the Service or comply with applicable law. Any content you choose to make publicly available (including, but not limited to, your website URL or other materials posted in a public forum) is deemed shared with your consent and no longer private. You grant Company Parties permission to use or reshare such publicly available content for sales, marketing, and promotional purposes.
3. You waive any moral rights in your content to the extent permitted by law.
4. Any feedback, suggestions, ideas, or other submissions you submit regarding the Service are licensed to Company Parties under a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to use, reproduce, modify, distribute, and otherwise exploit them without restriction, attribution, or compensation to you.
5. Company Parties comply with the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. To report infringing content, contact [email protected] with the required information.
6. You may not post or submit content that is illegal, infringing, defamatory, libelous, harmful, obscene, pornographic, harassing, threatening, deceptive, or related to hate speech, discrimination, prostitution, or illegal drug use. Company Parties may remove such content and suspend or terminate repeat infringers or violators. These prohibitions are also part of our Acceptable Use Policy in Section 16 and may result in suspension or termination of your account.
7. Public Data & External Imitation. Company Parties are not responsible for the actions of third parties who may scrape, copy, mimic, or otherwise attempt to replicate websites, features, or data hosted or previously hosted on the Service. Users acknowledge that publicly accessible content—whether published by you or others—may be viewed, indexed, copied, or imitated beyond the control of Company Parties. The existence of similar or cloned functionality elsewhere does not imply our involvement, support, or liability.

7. Intellectual Property

The Service's design, text, graphics, and software are owned by Company Parties. No rights to use trademarks or designs are granted without prior written consent.

8. Third-Party Services, Companies, Professionals, Individuals & Integrations

1. Integrations or links to third-party services are governed by their terms. Company Parties are not responsible for their performance or content.
2. Use of third-party payment gateways is subject to their terms and policies. Company Parties disclaim liability for any disputes, chargebacks, fraudulent transactions, abusive or unauthorized access or conduct, security breaches, or any financial loss or other harm arising from your use of those payment services.
3. Company Parties are not responsible for the privacy or security practices of third-party integrations. Review their policies before use.
4. References to third-party products, services, or websites are provided for convenience only and do not imply endorsement by Company Parties.
5. No Endorsement of Third Parties. Company Parties do not endorse, warrant, or guarantee the quality, legality, or conduct of any third-party developers, contractors, service providers, or individuals, including those who may have been previously affiliated, referred, or engaged with Company Parties. All such parties operate independently, and Company Parties are not responsible for any acts, omissions, deliverables, disputes, damages, or financial loss resulting from their services or conduct.
6. Independent Conduct Disclaimer. Company Parties shall not be held liable for any conduct, outcomes, damages, disputes, or claims—whether direct or indirect, actual or alleged—arising from the websites, content, branding, public communications, business practices, development activity, or online presence of any former, current, or referred users, developers, or service providers. This includes, but is not limited to, claims of reputational harm, financial loss, unauthorized data use, infringement, or platform mimicry. All legal concerns related to such conduct must be addressed directly with the responsible individual or entity, and not with Company Parties.
7. Third-Party Disputes & Liability Disclaimer. You agree that Company Parties shall not be liable for, and you expressly waive any right to hold Company Parties responsible for, any claim, action, demand, loss, damage, liability, cost, expense, or dispute of any kind—whether direct or indirect, actual or alleged—arising from or relating to the actions, omissions, content, conduct, or services of other Users or third parties. This includes, but is not limited to, claims involving intellectual property violations, unauthorized use of your content or likeness, scraping of publicly available data, site mimicry or replication, developer misconduct, reputational harm, or financial loss. You acknowledge that any such claims must be directed exclusively to the third party involved, and not to Company Parties, regardless of any past referral, affiliation, or communication with that party.

9. Security, Data Protection, and Data Controller Responsibilities

Company Parties may implement administrative, technical, and organizational measures that they deem commercially reasonable and appropriate to the nature of the Service, if any, in an effort to protect information processed through the Service. Company Parties make no representations or warranties regarding the security, availability, integrity, or confidentiality of the Service or any data. No system is completely secure, and the responsibilities, limitations, and role allocations described below apply.

1. Data Controller Responsibilities: When a User collects, uploads, stores, or otherwise processes personal data of its own customers, members, or end users through the Service, that User represents and warrants that it has all necessary rights, authority, and lawful bases (including required notices and consents) to do so and that, as between the parties, the User is the sole and exclusive data controller of such personal data. The User determines the purposes and essential means of processing such data, and Company Parties act solely as a service provider or data processor on behalf of the User, except to the extent otherwise required by applicable law.
2. Role of Company Parties: Company Parties act as a data processor and service provider with respect to personal data processed on behalf of Users, and as an independent data controller with respect to personal data processed for our own legitimate business operations (including billing, account administration, marketing, security, compliance, and support), as described in our Privacy Policy.
3. User Compliance Obligations: Each User is solely and exclusively responsible, at its own expense, for complying with all applicable data-protection, privacy, and consumer-protection laws, including providing required notices, obtaining valid consents, honoring data-subject rights, maintaining lawful bases for processing, and ensuring that personal data is accurate, lawful, and up to date.
4. No Monitoring or Enforcement Duty: Company Parties have no obligation to monitor, review, audit, supervise, or enforce a User's compliance with applicable data-protection laws and shall not be responsible or liable for any failure by a User to delete, update, secure, restrict, or otherwise process personal data as required by law.
5. Sub-Processors: Users authorize Company Parties to engage third-party sub-processors in connection with the Service. Company Parties may update or replace sub-processors at any time. Where required by applicable law, we will make available information regarding sub-processors upon request or through our website. A User's continued use of the Service after such notice constitutes acceptance of the updated sub-processor engagement.
6. Security Limitations: Company Parties do not guarantee, warrant, or represent that the Service or any data will be secure, uninterrupted, error-free, or protected against unauthorized access or loss. Users are solely responsible for safeguarding their account credentials, configurations, access controls, integrations, and any data they process through the Service.
7. User-Caused Incidents: Company Parties shall not be responsible or liable for any unauthorized access, disclosure, loss, alteration, or data breach arising out of or relating to a User's actions or omissions, including misconfigurations, weak credentials, third-party services, external systems, custom code, plugins, APIs, integrations, or content made accessible by the User.
8. Limitation of Liability for Security Events: To the fullest extent permitted by applicable law, Company Parties shall not be liable for any loss, damage, or harm—whether direct, indirect, incidental, consequential, exemplary, or punitive—arising out of or relating to security incidents, data breaches, data loss, corruption, business interruption, reputational harm, or system compromise.
9. Legal Notifications: Company Parties may provide notifications regarding data incidents or breaches solely where and to the extent required by applicable law and assume no obligations beyond such legal requirements.
10. User Indemnification for Data Compliance: Users agree to defend, indemnify, and hold harmless Company Parties from and against any claims, investigations, penalties, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising out of or relating to a User's collection, processing, storage, disclosure, or use of personal data through the Service.

Users are solely responsible for implementing any backup, contingency, redundancy, or business-continuity measures they deem necessary. The Service is not intended to replace or function as professional IT infrastructure, security programs, legal compliance systems, or regulatory controls. Nothing in the Service, Documentation, or Company Parties' conduct constitutes legal, regulatory, privacy, security, or compliance advice.

10. Privacy & Cookies

By agreeing to these Terms, you also agree to our Privacy Policy, which is incorporated herein by reference and which governs our processing of personal data in accordance with applicable data protection laws to the extent they apply to our operations and your use of the Service.

11. No Professional Advice

We are not a law firm, accounting firm, or other professional advisor. Nothing in the Service or these Terms constitutes professional advice.

12. Disclaimers & Warranties

The Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express or implied, including accuracy, availability, fitness for a particular purpose, or non-infringement. You acknowledge that you have not relied on any representations or promises outside these Terms, including any oral or written statements by Company Parties' employees, agents, sales representatives, or other third parties, whether in advertising, promotional materials, or elsewhere.

13. LIMITATION OF LIABILITY; WAIVER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY PARTIES DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, INACCURATE RESULTS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO: (A) THE SERVICE; (B) COMPANY PARTIES CONTENT; (C) USER CONTENT; (D) YOUR USE OF OR INABILITY TO USE THE SERVICE; (E) ANY ACTION OR INVESTIGATION BY COMPANY PARTIES OR LAW ENFORCEMENT; (F) INTELLECTUAL PROPERTY CLAIMS; (G) SYSTEM ERRORS OR FAILURES; OR (H) ANY DAMAGE TO YOUR EQUIPMENT OR DATA, INCLUDING DAMAGE RESULTING FROM BUGS, MALFUNCTIONS, VIRUSES, OR NEGLIGENCE — EVEN IF COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

WITHOUT LIMITING THE FOREGOING, COMPANY PARTIES EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSSES OR DAMAGES RESULTING FROM YOUR CLIENT INTERACTIONS, BUSINESS ACTIVITIES, PRESENTATIONS, SALES EFFORTS, CONTRACT NEGOTIATIONS, OR ANY RELIANCE YOU PLACE ON THE TIMING, AVAILABILITY, OR PERFORMANCE OF THE SERVICE.

THE AGGREGATE LIABILITY OF COMPANY PARTIES SHALL NOT EXCEED THE GREATER OF: (I) USD $1,000; OR (II) THE TOTAL AMOUNT YOU ACTUALLY PAID TO COMPANY PARTIES FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. LIABILITY FOR DATA RECOVERY IS FURTHER LIMITED TO USD $500. THIS LIMITATION APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS IN THIS SECTION APPLY INDIVIDUALLY AND IN THE AGGREGATE, REGARDLESS OF THE NUMBER OF CLAIMS, CLAIMANTS, OR THEORIES OF LIABILITY ASSERTED. YOU AGREE THAT THESE CAPS ON LIABILITY ARE CUMULATIVE AND NOT PER-INCIDENT; THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU FURTHER AGREE THAT THIS LIMITATION REPRESENTS A FAIR AND REASONABLE ALLOCATION OF RISK GIVEN THE NATURE AND PRICING OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF ANY PART OF THIS SECTION IS HELD UNENFORCEABLE, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THIS SECTION LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD OR WILLFUL MISCONDUCT, TO THE EXTENT PROHIBITED BY LAW.

BY USING THE SERVICE, YOU WAIVE THE RIGHT TO CLAIM UNKNOWN OR UNSUSPECTED DAMAGES UNDER ANY "MYSTERY LOSS" STATUTE (INCLUDING, WITHOUT LIMITATION, CALIFORNIA CIVIL CODE §1542) OR ANY SIMILAR LAW IN ANY JURISDICTION.

BY USING THE SERVICE, YOU EXPRESSLY ACCEPT THESE LIMITATIONS AND AGREE THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY PARTIES.

14. Indemnification & Defense

You agree to defend, indemnify, and hold harmless Company Parties—including their officers, directors, employees, agents, affiliates, and licensors—from and against any and all claims, demands, liabilities, damages, judgments, settlements, losses, and expenses (including reasonable attorneys' fees, court costs, and investigation expenses) arising out of or in connection with:

1. Your use of or access to the Service;
2. Your violation of these Terms (including Section 6 or any other provision);
3. Your Content or any content you submit, post, or make available through the Service;
4. Your feedback, suggestions, ideas, or other submissions regarding the Service;
5. Your violation of the intellectual property rights of another party;
6. Your violation of the privacy rights of another party or any applicable data protection laws or regulations;
7. Your violation of any other rights of another, including publicity or contractual rights;
8. Your violation of any law, regulation, or third-party policy; or
9. Your gross negligence, fraud, or willful misconduct.

Company Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully in asserting any available defenses and will not settle any such matter without the prior written consent of Company Parties.

Your indemnification obligations under this Section 14 shall survive termination or expiration of these Terms. This indemnification applies regardless of whether the claim arises from actions taken by you or anyone using your account.

15. Service Level & Maintenance

1. The Service is provided "as-is," without any guarantee of uptime, availability, or uninterrupted access. Outages may occur for any reason, including planned maintenance or unforeseen technical failures.
2. You understand and acknowledge that outages, slowdowns, or service interruptions may occur at any time.
3. Maintenance may be scheduled or unscheduled and may occur at any time, with or without notice.
4. Company Parties are not responsible for any disruption to your business, loss of revenue, client dissatisfaction, reputational harm, or other damages resulting from Service interruptions.
5. No service credits, refunds, liability, or compensation of any kind shall be due for downtime or technical disruptions, regardless of impact or duration.

16. Acceptable Use

Do not post or engage in activities involving spam, harassment, threats, libel, defamation, deception, pornography, prostitution, illegal drug use, malware, phishing, hate speech, discriminatory content, incitement of violence, or any unlawful, abusive, or harmful behavior. This includes, without limitation, engaging in abusive, bullying, intimidating, or threatening communication of any kind (verbal, written, electronic, or otherwise) directed at other Users or Company Parties' staff or representatives. Violations may result in immediate suspension or termination and may be reported to law enforcement or relevant authorities. We maintain a zero-tolerance policy for abusive, threatening, or harassing behavior. Engaging in such conduct constitutes a material breach of these Terms and may result in immediate suspension or permanent termination of your account without notice and without eligibility for any refund of pre-paid fees.

Users agree not to make knowingly false, misleading, or defamatory public statements about the Service or Company Parties. All disputes must be resolved through the process described in Section 19 (Dispute Resolution). Breach of this provision may result in account suspension, legal action, or both.

17. International Compliance

1. The Service and its use may be subject to international laws, regulations, and treaties, including export control and economic sanctions laws of the United States and other jurisdictions. You agree to comply with all such applicable laws and regulations.
2. You specifically agree not to use the Service in violation of any export control or economic sanctions laws of the United States or any other relevant jurisdiction. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo or sanctions, and that you are not on any U.S. government list of prohibited or restricted parties, or any similar lists maintained by other relevant governmental authorities.
3. You are solely responsible for ensuring that your use of the Service complies with all laws, regulations, and conventions applicable to you and your content in your jurisdiction and any other relevant jurisdiction.
4. We reserve the right to immediately suspend or terminate your account and access to the Service if we determine, in our sole discretion, that your use may be in violation of any applicable laws or regulations.

18. Force Majeure & Disruptions

Neither party will be liable for delays or failures due to causes beyond its reasonable control, including acts of God, pandemics, epidemics, war, terrorism, labor disputes, third-party service failures, telecommunication failures, governmental orders, cyberattacks, or other force majeure events. The party invoking a force majeure event must promptly notify the other party and use reasonable efforts to resume performance.

System failures by hosting providers, DNS propagation delays, or third-party API interruptions (including but not limited to mapping, email, or payment processors) shall also be considered force majeure events.

19. DISPUTE RESOLUTION & GOVERNING LAW

1. This section governs all disputes, claims, or controversies arising out of or relating to these Terms, the Service, or your relationship with Company Parties—regardless of the legal theory involved, including but not limited to contract, tort, equity, or statute. This section applies to you and survives termination of your account or use of the Service.
2. GOVERNING LAW: These Terms and any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles. You agree that the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of all provisions related to arbitration.
3. INFORMAL RESOLUTION PROCESS: Before initiating arbitration or litigation, you agree to make a good-faith effort to resolve your dispute by following the Informal Resolution Process described below.
   1. Informal Resolution Notice: Before initiating arbitration or any court proceeding, you agree to first send a detailed written notice via email of your dispute ("Notice") to [email protected]. This Notice must include: (a) the date; (b) your name and account email; (c) a detailed description of the nature and factual basis of your dispute; (d) the specific relief you seek; and (e) evidence supporting your claim.
   2. Company Parties' Response (45 days): Upon receipt of your complete Notice, Company Parties will have forty-five (45) days to investigate and respond in writing to your Notice. This response may include a proposed resolution.
   3. Good Faith Negotiation (30 days): If Company Parties' response does not fully resolve your dispute, you and Company Parties agree to engage in a good faith effort to negotiate a resolution for an additional thirty (30) days following our response. This negotiation may include at least one phone or video conference.
   4. Limited Release (30 days): If you accept Company Parties' written settlement offer made during this informal resolution period within thirty (30) days of our offer, you agree that the settlement will constitute a full and final release of any and all claims, demands, actions, causes of action, damages, losses, expenses, and liabilities of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, arising out of or in any way connected with the factual allegations and the relief sought in your Notice of Dispute. Upon acceptance of the offer, you irrevocably waive any right to initiate or continue any arbitration or court proceedings related to those released claims.
4. MANDATORY INDIVIDUAL ARBITRATION: If the dispute is not resolved through the informal resolution process described above, you and Company Parties agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Service, or your relationship with Company Parties shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its applicable rules in effect at the time the arbitration is initiated, including, as applicable, the AAA Commercial Arbitration Rules or Consumer Arbitration Rules. The arbitration shall take place in Clark County, Nevada, unless the parties mutually agree in writing to another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
5. NO SMALL CLAIMS EXCEPTION: You and Company Parties agree that all disputes must be resolved exclusively through binding arbitration as described in this Section. You hereby waive any right to bring or participate in any action in any court, including small claims court, unless you timely opt out of arbitration as described below.
6. ARBITRATION OPT-OUT: If you do not wish to resolve disputes through arbitration, you must notify us in writing within THIRTY (30) DAYS of your first acceptance of these Terms or when you first use the Service, whichever occurs first. Your written notification must be sent via email to [email protected] and must clearly state that you do not wish to resolve disputes through arbitration and include your name and account email address. If you do not notify us in accordance with this section, you agree to be bound by the arbitration agreement. Any opt-out notice received after this thirty (30) day period will not be valid.
7. SEPARATE CLASS ACTION AND REPRESENTATIVE ACTION WAIVER: YOU AND COMPANY PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Company Parties agree otherwise in a signed writing, 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.
8. CLASS ACTION AND REPRESENTATIVE ACTION WAIVER OPT-OUT: If you do not wish to waive your right to participate in a class action or representative proceeding, you must notify us in writing within THIRTY (30) DAYS of your first acceptance of these Terms or when you first use the Service, whichever occurs first. Your written notification must be sent via email to [email protected] and must clearly state that you do not wish to waive your right to participate in a class action or representative proceeding and include your name and account email address. If you do not notify us in accordance with this section, you agree to be bound by the class action and representative action waiver. Any opt-out notice received after this thirty (30) day period will not be valid.
9. ARBITRATOR'S AUTHORITY: The arbitrator shall have exclusive authority to resolve any dispute regarding the scope, enforceability, interpretation, or formation of this arbitration provision, including any challenge to arbitrability.
10. FEES & COSTS IN ARBITRATION: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be limited to the amount you would have paid to file a comparable action in court in your state of residence. Company Parties will pay the remainder of those fees. However, if the arbitrator finds that your claim is frivolous or brought for an improper purpose, the arbitrator may assess you reasonable attorneys' fees and costs incurred by Company Parties. You are responsible for your own attorneys' fees unless otherwise awarded by the arbitrator in accordance with applicable law or the AAA Rules.
11. COMPANY INJUNCTIVE RELIEF: Notwithstanding the agreement to arbitrate, Company Parties retain the right to seek emergency, provisional, or injunctive relief (including, without limitation, to protect intellectual property rights, enforce confidentiality obligations, or prevent irreparable harm) in any court of competent jurisdiction. Any resort to a court for such relief shall not waive the obligation to arbitrate other disputes under this Section 19.
12. EXCLUSIVE VENUE FOR COURT PROCEEDINGS (IF ARBITRATION OPT-OUT IS EXERCISED): If you exercise your option to opt out of arbitration, you agree that any legal suit, action, or proceeding arising out of or relating to these Terms or the Service shall be brought only as an individual claim in small claims court located in Clark County, Nevada. You waive any right to file or participate in any action in any other court or jurisdiction, including civil or federal courts, and waive any objection based on jurisdiction, venue, or forum non conveniens.
13. TIME LIMIT ON CLAIMS: IMPORTANT - Regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to these Terms, the Service, or your use of the Service must be filed within one (1) year after the date on which the cause of action arose. You understand and agree that this time limit is shorter than the statutory limitations that may otherwise apply. This shorter period is necessary due to the rapidly evolving nature of the Service, the need for timely investigation, and the limited retention period for diagnostic logs, system snapshots, and backups. Claims filed after this one-year period are permanently barred. This limitation is intended to be fair, reasonable, and consistent with applicable law. If a court or arbitrator finds this time limit unenforceable in your jurisdiction, the applicable statutory limitation period shall apply instead.
14. SEVERABILITY: If any provision of this Section 19 is held invalid or unenforceable, the remainder of this Section 19 shall continue in full force and effect. If the waiver of class or representative actions is found to be unenforceable for any reason in a case in which a class or representative action has been asserted, then the agreement to arbitrate shall not apply to that case, and that case shall proceed in court.
15. ACKNOWLEDGMENT: BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SECTION 19 AND ARE VOLUNTARILY WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION IF YOU DO NOT EXERCISE THE OPT-OUTS PROVIDED.

20. Payments, Taxes & Refunds

1. Valid payment method required; fees billed in advance and auto-renew unless cancelled.
2. Fees exclude taxes; you are responsible for all applicable charges.
3. "Right Plan Promise." Ensures existing users retain their current rates for active products and services. New plans, subscriptions, and orders are offered at their then-current pricing.
4. 7-Day Money-Back Guarantee: For new, full-price subscription plans only (excluding discounted, promotional, custom, development, add-on, boost, one-time purchase, or "Lifetime" offers), you may request a refund by emailing [email protected] within seven (7) calendar days of initial purchase. After this 7-day period, all fees are non-refundable and non-creditable. Setup fees, custom development services, digital add-ons, boosts, and one-time purchases are non-refundable from the moment of purchase. Failure to use the Service does not entitle you to a refund.

21. Cancellation & Data Deletion

1. Cancel Anytime. You may cancel your account and any active subscriptions at any time by emailing [email protected]. Please include your account name and registered email.
2. Data Deletion. To request permanent deletion of your data after cancellation, email [email protected]. Exception: Company Parties may retain certain data to comply with legal obligations or to fulfill valid export requests.
3. Account Suspension or Termination for Violations. Company Parties reserve the right to suspend or terminate accounts at any time for violations of these Terms.

22. Attorneys' Fees

If Company Parties are the prevailing party in any legal action to enforce these Terms, you agree to pay all reasonable attorneys' fees and costs incurred by Company Parties in connection with such action, to the extent permitted by applicable law. If you initiate legal action related to these Terms and are the prevailing party, Company Parties will be responsible for our own attorneys' fees and costs, unless otherwise required by applicable law.

23. Survival

Sections 0, 1, 2, 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, 19, 22, 24, and 25—and any other provision that by its nature should survive—shall survive termination or expiration of these Terms.

24. Reservation of Rights

Company Parties reserve all rights not expressly granted in these Terms. We may modify, suspend, or discontinue any aspect of the Service at any time, for any reason, including for compliance, legal, technical, or business purposes. Such changes may be made without liability. Our failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.

25. Entire Agreement; Severability; Assignment; No Waiver

This Agreement (including all documents incorporated by reference) constitutes the entire agreement between you and Company Parties and supersedes all prior or contemporaneous understandings, agreements, communications, and proposals, whether oral or written. In the event of any conflict between these Terms and the Privacy Policy regarding role allocations, risk allocation, or limitations of liability, the provisions set forth in Section 9 of these Terms shall control to the maximum extent permitted by applicable law.

You may not assign or transfer any rights or obligations under these Terms without the prior express written consent of Pacific Holdings, LLC. Any attempted assignment without such consent shall be void ab initio. Company Parties, including Pacific Holdings, LLC, may assign these Terms without notice or consent. These Terms shall bind and inure to the benefit of the parties and their respective permitted successors, assigns, and legal representatives.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. No waiver by Company Parties of any breach or provision shall be effective unless made in a signed writing by a duly authorized representative of Pacific Holdings, LLC. No such waiver shall constitute a continuing waiver of that or any other provision.

Nothing in these Terms, express or implied, is intended to confer, nor shall confer, any rights or remedies upon any person or entity other than the parties and their respective permitted successors and assigns.

Survival of Limitations: Any limitations of liability, disclaimers of warranties, arbitration requirements, and other provisions that by their nature are intended to survive termination shall continue in full force and effect, regardless of any expiration or termination of these Terms or your use of the Service.

For the avoidance of doubt and to ensure the strongest possible legal effect, you acknowledge and irrevocably agree that "Brilliant Directories" is solely a trade name and marketing designation of Pacific Holdings, LLC, a duly organized and validly existing Nevada limited liability company. Pacific Holdings, LLC is the sole legal entity responsible for the operation, maintenance, and provision of the Service. Accordingly, any and all legal notices, demands, claims, causes of action, lawsuits, arbitrations, or legal processes of any kind whatsoever initiated against any aspect of the Service or any of the Company Parties must be exclusively directed to and formally served upon Pacific Holdings, LLC at its principal place of business, as identified in the official records of the State of Nevada. No other individual, brand, affiliate, contractor, officer, director, employee, agent, or service provider shall be considered a proper or permissible party for any such legal matter, and any legal process attempted on any such other party shall be deemed improper and not in compliance with these Terms.