Terms and Conditions

PREFACE

brilliant offered by Intercloud Limited is an innovative telephony and messaging solutions. As a registered user you agree to abide by the terms herein.

 

OUR LICENSE

Emergency calls: The brilliant phone doesn't guarantee connection in the case of emergency calling such as a legal enforcement agency, hospital, medical care unit or any other type of emergency service. By agreeing to these terms you agree that InterCloud ltd. will not be held liable for any claim, damage or loss in a case arising about or relating to emergency calling.

brilliant right: brilliant strives to provide the highest quality services at all times. brilliant has the right to refuse accounts or limit the service, as well as suspend any suspected abuse of the services. Since the calls are transmitted on the public telephony and internet, the quality is not always dependent on us and we cannot guarantee that communications will be without disruptions, delays, or errors.

Fair use of subscription plans: The subscription plans offer unlimited calling according to a fair use policy which is related to the average usage for normal call patterns of a private individual. The unlimited plan is not meant to be used by a business, organization, or more than one individual, thus there is a limitation in place for monthly minutes. As a private user you may not resell the calls, call numbers to generate income for yourself, or use the calls for any unlawful purposes.

Indemnity: By using brilliant you agree to defend, indemnify and hold harmless all directors, employees and agents of InterCloud ltd. against any claims, damages, liabilities, debts, costs and expenses arising from access to the website and/or supporting products including the Windows desktop phone, violation of any of the terms, and/or violation of any third party rights including copyright, private and property rights.

Intellectual property rights: You acknowledge that all of brilliant's content, trademarks, copyrights, graphics, service descriptions, lbrilliants, and interactive features are owned by InterCloud ltd. and protected under the intellectual property rights international conventions and will not be used or redistributed without expressly written consent from InterCloud ltd.

Support and general question: You may email all general queries or support issues to support@brilliant.com.bd

 

TERMINATION

Relationship with you and brilliant may be terminated at any time. If you are using brilliant, you may simply cease to use the Service or delete our Licensed Application. brilliant has the right to terminate your rights under this License without notice if you fail to comply with any terms of this License. Upon termination of the License, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
Major terms: brilliant has the right to terminate its relationship with you at any time for the following:

• There is any occurrence which is contradictory of telecommunication policy;
• If you are not following our License;
• If you break the law or infringe third party rights;
• If you are trying to unfairly exploit or misuse any of our policies;
• There is any illegal activity will be offensive and against the country’s laws and orders;
• Try to use in the multiple devices;
• Use of abusive, offensive, threatening and informal language that will affect people of the country;
• If users have no off-net call or SMS or payment activity for three months , his/her brilliant number will be removed. This brilliant number might be assigned to a new user based on demand.
• The validity period for Balance is three months. User must make at least one off-net call or SMS or payment to keep the balance in his account.

 

PRIVACY POLICY

This Privacy Policy is part of Terms of Service of brilliant and covers the treatment of user information, including personally identifying information, obtained by brilliant, including information obtained when you access the brilliant’s website, use the brilliant Service or other software provided by brilliant.

This Privacy Policy does not apply to the practices of companies that brilliant does not own or control, or to individuals whom brilliant does not employ or manage, including any of the third parties to which brilliant may disclose user information as set forth in this Privacy Policy.

 

THE INFORMATION brilliant COLLECTS

brilliant may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”)

 

USER PROVIDED INFORMATION

Certain Personally Identifiable Information such as mobile phone number, Facebook id, native contact, billing information (if applicable) and mobile device information to brilliant when choosing to participate in various uses of the brilliant Service, such as registering as a user, updating users’ status or requesting status’ for users’ contacts.

 

LOG FILE INFORMATION

When you use brilliant, our server automatically collects certain information. These include user's mobile number that is used to register Brilliant app, user's IP (Internet Protocol) address, user's device and connection information.

Brilliant helps users to organize their contacts by creating favorite contact list or group contacts which the user can add, modify and delete as necessary. These lists are associated with user's account.

Besides above, users may provide relevant information while reporting an issue via email. Reporting an issue automatically collects information relating to our app performance and other information such as how users use the app, Log files, diagnostic, crash report and other relevant reports.

 

YOUR RESPONSIBILITY

It is expected that if you want to use our service you have to install brilliant on your device with a valid contact number. You are responsible for all activities that occur under your User Account. You agree to notify brilliant of any unauthorized use of your User Account or any breach of security with respect to your User Account. brilliant will not be liable for any loss that you may incur as a result of someone else using your User Account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by us or another party due to someone else using your User Account. Therefore, we suggest that you should enter your validity code safely.
You should not:

• Intercept or monitor damage or modify any communication which is not intended for you;
• Expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
• Use the Service to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
• Use (including as part of your name and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights;
• Collect or harvest any personally identifiable information, including account names, from the Service;

 

LIMITATIONS OF LIABILITY

You specifically acknowledge that brilliant shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
In no event shall brilliant, its employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

• Errors, mistakes, or inaccuracies of content,
• Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
• Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
• Any interruption or cessation of transmission to or from our servers,
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the brilliant client, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages, and/or (vi) the disclosure of information pursuant to these terms of service or privacy policy. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

 

ACCEPTANCE OF LICENSE

If you are under the age of consent in your jurisdiction to form a binding agreement (and you are more than 16 years of age), you affirm that you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this License, and to abide by and comply with this License. The Service is not intended for children under the age of 16.

 

ACCOMPLISHMENT

This License is the entire agreement between you and brilliant relating to the Service and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Service or any other subject matter covered by this License. If any provision of this License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. This License may not be modified or amended except as described herein by brilliant or otherwise with the written agreement of brilliant.