Terms of Service
Last updated 11 September 2026
Please read these Terms carefully. They explain what you can expect from BM-i Prospect Engine and what we expect from you.
1. Who we are and what these terms cover
BM-i Prospect Engine (the “Service”) is operated by BrightMinds, a company organised under the laws of the Republic of the Philippines (“BrightMinds”, “we”, “us”). These Terms of Service (“Terms”) form a binding agreement between BrightMinds and the organisation that subscribes to the Service (the “Customer”, “you”). Each person the Customer allows to use the Service is a “User”. If an order form, quotation or written agreement between us says something different from these Terms, that document wins for the point it covers.
2. The Service
The Service is a lead-qualification service that scores, researches and flags business leads for human review. It is a business tool for use by organisations and their staff. It is not offered to consumers. We may improve, change or retire features over time; where a change materially reduces what you have paid for, we will tell you in advance and you may end the affected subscription with a pro-rated refund of unused prepaid fees.
3. Accounts and security
- Accounts are created by BrightMinds or by a Customer administrator. You must give accurate information and keep it current.
- Every User must protect their password and complete two-factor authentication. Two-factor authentication is mandatory and cannot be turned off.
- You are responsible for everything done through your Users’ accounts. Tell us immediately at privacy@brightminds.com.ph if you suspect an account has been compromised.
- We may suspend an account that we reasonably believe is compromised or is being used in breach of these Terms.
4. Subscriptions, credits and payment
- Access to the Service is sold as a subscription (billed in advance for each billing period) plus prepaid “lead credits” that are consumed as the Service processes leads for you. Your order form states the price, billing period, included credits and how credits are consumed.
- Prepaid credits are not refundable except where the law requires, and expire as stated in your order form. Unused credits have no cash value.
- Fees exclude VAT and other taxes, which you are responsible for unless you give us a valid exemption certificate.
- If an invoice is more than 15 days overdue we may suspend the Service after giving you notice, and restore it once the balance is paid.
- We may change prices for a renewal period by giving you at least 30 days’ notice before the renewal.
5. Acceptable use
You agree that you and your Users will:
- use the Service only for lawful business purposes and in line with all laws that apply to you, including data-protection, anti-spam and electronic-marketing laws in every country where your prospects are located;
- comply with the terms of any third-party platform (for example a social network or email provider) that you use alongside the Service, and not use the Service to circumvent those platforms’ limits or rules;
- only upload or import data that you have the right to use, and give any notices to individuals that the law requires;
- not upload protected health information or other data governed by health-privacy laws such as HIPAA unless we have signed a separate written agreement covering that data;
- not attempt to gain unauthorised access to the Service, probe or test its security without our written permission, interfere with its operation, or use automated means to extract its content;
- not copy, modify, reverse-engineer or create derivative works of the Service, and not resell, sublicense or provide the Service to third parties except under a written reseller or partner agreement with us.
6. Your data
- “Customer Data” means everything you and your Users upload to or generate in the Service, including information about your prospects. You own Customer Data. You give us a licence to host, process and transmit it as needed to provide and secure the Service and to meet our legal obligations.
- For personal information about your prospects and Users, you are the personal information controller and we act as your processor, as described in our Privacy Policy. You are responsible for having a lawful basis to collect and process that information and for honouring individuals’ rights.
- We do not sell Customer Data and do not use it to build marketing lists for others. We may use aggregated, de-identified information about how the Service is used to operate and improve it.
- You can export your Customer Data during the subscription. After termination we delete Customer Data from live systems within 30 days and from backups within a further 30 days, unless the law requires us to keep it longer.
7. Automated and AI-assisted processing
The Service uses automated analysis, including artificial-intelligence models, to score, research, summarise and draft. These outputs can be incomplete or wrong. They are decision support, not decisions: you and your Users are responsible for reviewing outputs before relying on them or contacting anyone based on them. We make no promise about the number, quality or conversion of leads or contacts.
8. Third-party services
We rely on third-party providers for cloud hosting and databases, transactional email, business-data enrichment and search, and AI models. These providers process data only on our instructions and under written contracts. We may change providers at any time. We are not responsible for third-party websites or platforms that you choose to use alongside the Service.
9. Our intellectual property
The Service, including its software, design, scoring and qualification logic, prompts, workflows and documentation, belongs to BrightMinds and its licensors and is protected by intellectual-property laws. Apart from the right to use the Service under these Terms, no rights are granted to you. If you send us suggestions or feedback we may use them without obligation to you.
10. Confidentiality
Each of us will keep the other’s non-public information confidential, use it only for this agreement, and protect it with at least reasonable care. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law (in which case the disclosing party will give notice where allowed). This obligation lasts for three years after the agreement ends, and indefinitely for trade secrets.
11. Availability and support
We aim to keep the Service available at all times but do not guarantee uninterrupted access. Planned maintenance will be scheduled outside your usual business hours where practical. Support is provided by email during Philippine business hours, or as stated in your order form.
12. Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including fitness for a particular purpose, non-infringement, and that the Service or its outputs will be accurate, complete or error-free.
13. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Each party’s total liability under this agreement is limited to the fees paid or payable by the Customer in the 12 months before the event giving rise to the claim. These limits do not apply to a party’s indemnity obligations, breach of confidentiality, infringement of the other party’s intellectual property, or liability that cannot be limited by law.
14. Indemnity
You will defend and indemnify BrightMinds against third-party claims, fines and costs arising from Customer Data, from your or your Users’ use of the Service in breach of these Terms or the law, or from communications you send to prospects. We will defend and indemnify you against third-party claims that the Service itself infringes their intellectual-property rights, provided you notify us promptly and let us control the defence.
15. Term and termination
- The agreement starts when you first access the Service and continues while you have an active subscription. Subscriptions renew automatically for the same period unless either party gives notice at least 30 days before renewal.
- Either party may terminate for a material breach that is not cured within 30 days of written notice. We may terminate immediately for breaches of the Acceptable Use section or non-payment after notice.
- On termination your access ends, unpaid fees become due, and we handle Customer Data as described in “Your data”. Sections that by their nature should survive (payment, confidentiality, intellectual property, disclaimers, liability, indemnity, governing law) survive termination.
16. Governing law and disputes
These Terms are governed by the laws of the Republic of the Philippines. Before starting legal proceedings, the parties will try in good faith to resolve any dispute through discussion between senior representatives for at least 30 days. Disputes that cannot be resolved that way are subject to the exclusive jurisdiction of the competent courts of the Philippines, unless an order form says otherwise.
17. Changes to these Terms
We may update these Terms from time to time. For material changes we will give at least 30 days’ notice by email or inside the Service. Continued use of the Service after the change takes effect means you accept the updated Terms. The “Last updated” date at the top shows the current version.
18. Contact
Questions about these Terms: privacy@brightminds.com.ph.