Terms of

service.

These Terms of Service (the “Terms”) form a binding agreement between you (“you”, “Client” or “User”) and BurnBright (“BurnBright”, “we”, “us” or “our”), a digital growth studio based in Tel Aviv, Israel. They govern your access to and use of the BurnBright website, the BurnBright platform and client portal at burnbright.click, and any services we provide (together, the “Services”).

By accessing the website, creating an account, or engaging BurnBright for any work, you confirm that you have read, understood and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree, do not use the Services.

1. Definitions

• Services — the marketing, creative, advisory, software and related services BurnBright provides, together with the website and platform.
• SOW — a Scope-of-Work, proposal, statement of work or order form that describes specific deliverables, fees and timelines for an engagement.
• Deliverables — the work product BurnBright creates for you under an SOW.
• Platform — the BurnBright dashboard, CRM, client portal and associated tools made available at burnbright.click.

2. The agreement & order of precedence

Each engagement is governed by these Terms together with the applicable SOW. Where a signed SOW conflicts with these Terms, the SOW controls for that engagement only. These Terms otherwise govern your use of the website and Platform even where no SOW is in place.

3. Eligibility & accounts

You must be at least 18 years old and able to form a binding contract to use the Services. If you are given access to the Platform, you are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us promptly at legal@burnbright.click if you suspect any unauthorised use. We may suspend or revoke access where we reasonably believe an account is being misused or poses a security risk.

4. Services & scope

We will perform the Services with reasonable skill and care and in line with the applicable SOW. Anything not expressly described in an SOW is out of scope. Changes to scope, deliverables or timelines must be agreed in writing (email is sufficient) and may affect fees and delivery dates. Timelines are estimates and depend on your timely cooperation, approvals and inputs.

5. Client responsibilities

• Provide accurate information, materials, access and approvals when reasonably required.
• Designate a point of contact empowered to give feedback and sign off on work.
• Ensure you hold the rights to any content, brand assets or data you provide to us.
• Comply with all laws and the terms of any third-party platforms used in the engagement (e.g. advertising networks).

Delays or failures on your side may affect timelines and fees, and we are not responsible for outcomes caused by inaccurate inputs, late approvals or third-party restrictions outside our control.

6. Fees & payment

Fees are set out in the applicable SOW. Unless stated otherwise:

• One-time projects — 50% is due on kickoff and 50% on delivery.
• Monthly retainers — billed on the first of each month, in advance.
• Pass-through costs — third-party costs (e.g. ad spend, software licences, stock media, paid APIs) are your responsibility and are billed at cost or paid by you directly.

Invoices are payable within fourteen (14) days unless the SOW says otherwise. Fees are exclusive of VAT and other applicable taxes, which you are responsible for where they apply. We may charge interest on overdue amounts as permitted by law and may pause Services until overdue invoices are settled. All amounts are non-refundable except as expressly stated in Section 7.

7. Cancellation & refunds

Monthly retainers may be cancelled by either party on thirty (30) days’ written notice; you remain responsible for fees through the end of the notice period. One-time projects are non-refundable once work has commenced (kickoff). Where we terminate for your uncured material breach, fees for work performed up to termination remain payable. Deposits secure your place in our schedule and are non-refundable.

8. Intellectual property

Deliverables

On our receipt of full payment for an engagement, we assign to you the ownership rights in the final Deliverables created specifically for you under that SOW, except for any Retained Materials described below. Until full payment is received, all rights in the Deliverables remain with BurnBright.

Retained materials

We retain all rights in our pre-existing materials, know-how, methodologies, software, frameworks, internal tools and any general-purpose components we use to deliver the Services (“Retained Materials”). Where Retained Materials are embedded in a Deliverable, we grant you a non-exclusive, perpetual licence to use them as part of that Deliverable. Third-party assets (e.g. fonts, stock media, libraries) remain subject to their own licences.

Portfolio rights

Unless agreed otherwise in writing, we may reference the engagement and display non-confidential Deliverables in our portfolio, case studies and marketing.

9. Confidentiality

Each party may receive confidential information from the other. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to personnel and contractors who need it and are bound by similar obligations. This does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law.

10. Third-party services & AI tools

The Services may rely on third-party platforms and AI-assisted tools (for example, hosting, analytics, advertising networks, payment processors and content-generation models). Those services are governed by their own terms, and we are not responsible for their availability, accuracy or actions. AI-assisted outputs may require human review; you are responsible for reviewing Deliverables before relying on or publishing them.

11. Acceptable use of the platform

You agree not to, and not to permit anyone to:

• Access the Platform without authorisation, or probe, scan or test its security.
• Reverse-engineer, copy or resell the Platform except as permitted by law.
• Upload unlawful, infringing or malicious content, or interfere with others’ use.
• Use the Services to send unlawful communications or violate any third-party rights.

12. Warranties & disclaimer

We warrant that the Services will be performed with reasonable skill and care. Except for this, and to the fullest extent permitted by law, the website, Platform and Services are provided “as is” and “as available”, and we disclaim all other warranties, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant any specific commercial result, ranking, reach, revenue or return, as these depend on factors outside our control.

13. Limitation of liability

To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total aggregate liability arising out of or relating to an engagement will not exceed the fees you paid to us for that engagement in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.

14. Indemnification

You agree to indemnify and hold BurnBright harmless from claims, damages and reasonable costs arising from content or materials you provide, your use of the Deliverables after delivery, or your breach of these Terms or of applicable law.

15. Term & termination

These Terms apply for as long as you use the Services. Either party may terminate an engagement for the other’s material breach that remains uncured fourteen (14) days after written notice. On termination, you will pay for Services performed up to the termination date, and each party will return or delete the other’s confidential information on request. Sections that by their nature should survive (including payment, IP, confidentiality, disclaimers and limitation of liability) survive termination.

16. Governing law & jurisdiction

These Terms are governed by the laws of the State of Israel, without regard to conflict-of-laws rules. The competent courts of Tel Aviv-Jaffa, Israel will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party submits to that jurisdiction.

17. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the effective date above and, where changes are material, take reasonable steps to notify you. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

18. General

• Entire agreement — these Terms and any SOW are the entire agreement between us on their subject matter.
• Severability — if any provision is held unenforceable, the rest remain in effect.
• No waiver — failure to enforce a provision is not a waiver of it.
• Assignment — you may not assign these Terms without our consent; we may assign them in connection with a reorganisation or sale of our business.
• Force majeure — neither party is liable for delays caused by events beyond its reasonable control.
• Notices — legal notices to us should be sent to the contact below.

19. Contact

Questions about these Terms? Contact us at legal@burnbright.click.