These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”) and Shadowhill Enterprises LLC, owner and operator of Brilyi.com (“Company”), concerning your access to and use of the Brilyi telephony‑AI services, websites, applications, and any other media form (collectively, “Service”). By accessing or using the Service, you agree to be bound by all of these Terms. If you do not agree, you must immediately discontinue use of the Service.

• “Account” means your unique account to access the Service.
• “Content” means any data, text, audio recordings, transcripts, or other materials provided through the Service.
• “Subscription” means the plan you select, including allotted call minutes, phone numbers, and any overage rates.
• “Downtime” means periods when the Service is unavailable due to scheduled maintenance or Force Majeure events.

Brilyi provides real‑time AI‑driven voice interactions over Twilio phone numbers, including speech‑to‑text transcription, AI response generation via OpenAI’s Realtime API, call recording, and transcript/email delivery features.

Access is granted via username/password or API keys. You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account.

Your use of the Service requires an active Subscription. During checkout, you will select a plan that specifies:

• Included Usage: A set number of phone numbers and call minutes per billing cycle;
• Overage Rates: Any usage beyond your plan’s included minutes or storage is charged at our standard overage rates (e.g., $0.04 per additional call minute; $0.001 per recording‑minute/month);
• Add‑Ons: Additional phone numbers and extra storage may be purchased at the rates published on our pricing page.

Subscriptions renew automatically each month on the anniversary of your initial signup at the then‑current rates, and you authorize us to charge your chosen payment method on file. All fees are non‑refundable except as required by law. You are responsible for any applicable taxes, duties, or levies imposed by any governmental authority.

We reserve the right to modify our pricing or overage rates upon 30 days’ notice. Failure to pay any amount when due may result in suspension or termination of your Account and access to the Service.

All billing for Brilyi subscriptions and usage‑based overages is processed securely through Stripe. By providing your payment information at checkout, you authorize Brilyi and Stripe to charge your chosen payment method for all current and future fees incurred. Your payment method will be stored securely on Stripe and used automatically for any subsequent purchases or overage charges.

• Subscription Charges: Your plan’s fixed monthly fee (which includes a set number of phone numbers and call minutes) is billed in advance on the same calendar day each month.
• Usage‑Based Overage Fees: If you exceed your plan’s included allowances, overages are billed in arrears at the following rates:
  • Additional call minutes: $0.04 per minute
  • Additional phone numbers: $1.00 per phone, per month
• Invoices & Receipts: Stripe will generate and email you an invoice each billing cycle. You may also view and download past invoices from your Brilyi dashboard.
• Proration: Upgrades, downgrades, or plan changes mid‑cycle will be prorated automatically by Stripe—any credit or additional charge will appear on your next invoice.
• Failed Payments: If a payment attempt fails, Stripe will retry per its retry schedule and notify you by email. If payment remains unresolved seven (7) days after the first failed attempt, we reserve the right to suspend or terminate your access until payment is received.
• Taxes: You are responsible for any applicable sales, use, VAT, or other taxes. Taxes will be calculated and added to your invoice where required by law.
• Refunds & Disputes: Except as required by applicable law, all fees are non‑refundable. If you believe a charge is in error, please contact support@brilyi.com within thirty (30) days.
• Changes to Billing Terms: We may modify our pricing, fees, or billing practices at any time upon thirty (30) days’ notice via email or our website. Your continued use of the Service after such notice constitutes your acceptance of the changes.
• Payment Method Requirement: You must keep at least one valid payment method stored in your account; failure to do so may result in suspension or termination of your access to the Service.

We may offer a limited free trial. Upon trial expiration, you will be automatically charged unless you cancel before the trial ends.

You represent and warrant that:

1. All registration information is true, accurate, current, and complete;
2. You will maintain and promptly update your Account information;
3. You have the legal capacity to enter into these Terms;
4. You are not a minor in your jurisdiction;
5. You will not access the Service through automated or non‑human means.

You agree not to:

• Use the Service for illegal, fraudulent, or abusive purposes;
• Use the Service to harass, threaten, harm, defame, abuse, intimidate, or violate the rights (including privacy or publicity rights) of any individual or entity;
• Infringe any third‑party rights, including intellectual property;
• Reverse engineer or attempt to extract source code;
• Interfere with or disrupt the integrity of the Service;
• Transmit viruses or harmful code.

Brilyi relies on third-party platforms to deliver its telephony AI functionality. These providers power essential features such as phone number provisioning, real-time speech processing, transcription, and AI-generated voice responses. The third-party providers currently used include:

• Twilio – for telephony infrastructure, including phone numbers, call routing, voice input, and SMS capabilities.
• ElevenLabs – for synthetic speech generation and voice cloning.
• OpenAI – for transcription, natural language understanding, and AI-generated responses.

By using Brilyi, you acknowledge and agree to comply with the applicable terms and policies of these third parties:

• Twilio Terms of Service and Acceptable Use Policy
• ElevenLabs Terms of Service and Prohibited Use Policy
• OpenAI Terms of Use and Usage Policies

Twilio, ElevenLabs, and OpenAI are third-party beneficiaries of these Terms and are entitled to enforce their rights directly in connection with your use of Brilyi features that rely on their respective services.

You agree not to use any Brilyi features powered by these providers in a manner that violates applicable law, misleads others, infringes upon intellectual property or privacy rights, impersonates individuals, or otherwise breaches the usage policies listed above. Violations may result in suspension or termination of your access.

THE SERVICE, INCLUDING ALL SOFTWARE, CONTENT, FEATURES, FUNCTIONALITY, DATA, TEXT, AUDIO RECORDINGS, TRANSCRIPTS, AI‑GENERATED RESPONSES, MATERIALS, AND ANY THIRD‑PARTY CONTENT OR SERVICES MADE AVAILABLE THROUGH THE SERVICE (COLLECTIVELY, THE “SERVICE”), IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND PARTNERS (COLLECTIVELY, “COMPANY ENTITIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION:

• The implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, reliability, completeness, and non‑infringement;
• Any warranty that the Service will be uninterrupted, timely, secure, error‑free, or free of viruses, worms, Trojan horses, or other harmful code;
• Any warranty regarding the quality, performance, or results you may obtain from the Service, including the accuracy, reliability, or quality of AI‑generated content, transcripts, recordings, or analytics;
• Any warranty that defects or errors in the Service will be corrected or that the Service will meet your requirements or expectations;
• Any warranty that use of the Service complies with applicable laws, regulations, professional standards, or industry guidelines;
• Any warranty arising out of course of dealing, usage, or trade practices.

ALL INFORMATION, CONTENT, AND MATERIALS AVAILABLE THROUGH THIRD‑PARTY SERVICES OR LINKS PROVIDED BY THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND COMPANY ENTITIES MAKE NO WARRANTY AS TO THEIR SAFETY, RELIABILITY, QUALITY, OR LEGALITY. ACCESS TO OR USE OF THIRD‑PARTY CONTENT IS AT YOUR SOLE RISK.

THE SERVICE IS NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, MEDICAL, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE). YOU SHOULD SEEK THE ADVICE OF QUALIFIED PROFESSIONALS AS APPROPRIATE. COMPANY ENTITIES DO NOT WARRANT THAT ANY CONTENT OR ADVICE PROVIDED THROUGH THE SERVICE IS ACCURATE, COMPLETE, OR SUITABLE FOR ANY PURPOSE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS DISCLAIMER GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SIGNED WRITING BY COMPANY, THE FOREGOING DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS, AND THE SERVICE WOULD NOT BE PROVIDED ABSENT SUCH DISCLAIMERS.

To the fullest extent permitted by applicable law, neither Shadowhill Enterprises LLC nor its affiliates, officers, directors, employees or agents (collectively, “Company”) shall be liable for any damages of any kind arising out of or relating to these Terms or your use of or inability to use the Service, including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages—even if Company has been advised of the possibility of such damages.

Excluded Damages:

• Loss of revenue, profits, business opportunity or anticipated savings;
• Loss, corruption or unauthorized access to data, content (including transcripts and recordings), or systems;
• Business interruption, downtime, or performance degradation;
• Any loss arising from third‑party claims against you;
• Any indirect or consequential damages of any kind whatsoever.

Liability Cap: Notwithstanding anything to the contrary herein, Company’s total aggregate liability for all claims arising under or related to these Terms in any twelve‑month period shall not exceed the greater of (a) the total fees actually paid by you to Company for the Service during the immediately preceding twelve (12) months; or (b) one hundred US dollars (US $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. If you reside in such a jurisdiction, the above exclusions or limitations may not apply, and Company’s liability will be limited to the minimum extent required by applicable law.

For purposes of this Section, “Losses” means any and all damages, liabilities, obligations, losses, claims, actions, judgments, settlements, interest, penalties, fines, costs and expenses of whatever kind, including reasonable attorneys’ fees and court costs.

You agree to defend, indemnify, and hold harmless Shadowhill Enterprises LLC and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, successors and assigns (collectively, the “Indemnified Parties”), from and against any and all Losses arising out of or relating to:

1. Your access to or use of the Service;
2. Your breach or alleged breach of these Terms;
3. Your violation of any applicable law, regulation, or third‑party right (including intellectual property, privacy, publicity, or other proprietary rights);
4. Your Content, including any claim that such Content infringes or misappropriates a third party’s rights;
5. Your negligence, willful misconduct, or other wrongful act or omission;
6. Your unauthorized access to or use of your account credentials;
7. Your violation of export control, anti‑corruption, anti‑money laundering, or economic sanctions laws;
8. Your integration of the Service with any third‑party systems or services not expressly approved by Company;
9. Any third‑party claim, suit or proceeding arising from or related to the foregoing.

Defense and Cooperation:

• Company will promptly notify you in writing of any Claim for which indemnification is sought.
• You will have the right to control the defense and settlement of such Claim, provided that you do not settle any Claim in a manner that admits liability or imposes obligations on the Indemnified Parties without their prior written consent.
• You will cooperate fully, at your expense, in the defense of any Claim and Company may, at its own expense, participate in the defense.

Exclusions: Notwithstanding the foregoing, you shall have no indemnification obligations under this Section to the extent a Claim arises solely from the gross negligence or willful misconduct of an Indemnified Party.

We may suspend or terminate your Account and access to the Service at any time, with or without cause or notice. Upon termination, all licenses and rights granted to you will immediately cease.

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

If you have any questions about these Terms, please contact us at:

1. Email: support@brilyi.com
2. Phone: +1 (408) 780-0617
3. Address: 1968 S. Coast Hwy #408, Laguna Beach CA 92651