Portal Terms of Use

1. Acceptance, authority, and existing agreements

By selecting the acceptance checkbox and completing the agreement action, you agree to these Terms. If you do not agree, do not enter the Portal. You may review and retain a copy before accepting. “Customer” means the hotel owner, management company, employer, or other organization that obtains Portal services from us. A person accepting on a Customer’s behalf represents that they have authority to bind that Customer. An employee or other user accepting solely in their individual capacity agrees to the user obligations, without personally guaranteeing the Customer’s debts or obligations.

A separately executed service agreement, order form, or data-processing agreement between Brightpath and the Customer controls over conflicting provisions of these Terms within its scope. These Terms do not replace employment agreements, collective bargaining agreements, or mandatory legal rights. If required work or legally required records are unavailable because you cannot accept or access the Portal, contact your employer for an alternative method.

2. Authorized accounts and access

We grant you a limited, nonexclusive, nontransferable, revocable right to use the Portal for authorized business purposes while your access remains approved. Use only your assigned account, property permissions, and role. Keep credentials confidential, use available security protections, sign out of shared devices, and promptly report suspected unauthorized access. Do not share credentials or use another person’s identity. You are responsible for your own authorized actions and failure to take reasonable precautions, subject to applicable law; account activity alone does not conclusively establish personal fault.

Customers are responsible for assigning appropriate permissions, supervising authorized use, and promptly requesting access changes when duties or employment end. Access does not authorize a user to bind Brightpath, change contractual terms, spend funds, or make employment decisions beyond their actual authority.

3. Acceptable use and confidentiality

Do not use the Portal unlawfully; bypass permissions; access unrelated properties or accounts; introduce malicious code; interfere with service; impersonate others; falsify operational, financial, or employment records; or upload material that infringes others’ rights. Do not scrape, resell, or reverse engineer the Portal except where applicable law permits despite this restriction. Use approved channels for security reporting and confidential business information.

Protect guest, employee, Customer, and proprietary information obtained through authorized access. Disclose it only for legitimate authorized purposes or as permitted or required by law. These restrictions do not prohibit protected discussions about wages or working conditions, whistleblowing, reporting unlawful conduct, cooperating with authorities, obtaining legal advice, or other protected activity. No prior notice to Brightpath is required for legally protected disclosures.

4. Submitted information and limited processing permission

You or the applicable rights holder retain ownership of uploaded records, photographs, documents, messages, and other content (“Customer Data”). Submit only information you are authorized to provide, and take reasonable steps to ensure its accuracy and lawful collection. Use designated secure features for sensitive information; do not place payment-card security codes, passwords, or unnecessary sensitive records in general notes or uploads.

You authorize Brightpath and its service providers to host, copy, process, transmit, display to authorized recipients, secure, and back up Customer Data solely as reasonably necessary to provide, maintain, support, and protect the Portal; follow authorized instructions; and meet legal obligations. This permission does not transfer ownership or grant an unrestricted right to sell personal information, advertise using private records, or train general-purpose AI models on Customer Data.

5. Privacy, communications, and separate permissions

Personal information is handled as described in the Privacy Notice and applicable data-processing agreements. These Terms do not waive privacy rights or replace legally required disclosures, lawful processing grounds, or specific consent. Acceptance does not itself authorize biometric enrollment, face recognition, precise location tracking, marketing messages, optional SMS, or unrelated monitoring. Any such feature must follow its applicable notices, choices, and consent requirements.

We may provide routine service communications through available account channels. Mandatory legal notices will be delivered in a legally permitted manner. You are not required by these Terms to consent to receiving legally required breach notices solely electronically. Separate messaging terms and any legally required opt-in apply to SMS programs.

6. Data security, retention, and continuity

Security measures cannot eliminate every risk. The Portal may experience unauthorized access, transmission errors, corruption, deletion, outages, or failed integrations. Subject to express contractual commitments and nonwaivable duties, we do not guarantee absolute security, indefinite storage, uninterrupted availability, or recovery of every record. These statements do not excuse legally required safeguards, breach response, notifications, or record retention.

Customers should maintain appropriate continuity procedures and authorized exports of essential records. Users must follow their organization’s backup and retention instructions without moving sensitive data to unapproved devices or services. Retention, deletion, and export remain subject to applicable law, litigation holds, privacy commitments, and the Customer agreement. Brightpath may remove unlawful or harmful content and restrict access as reasonably necessary, while preserving records where required.

7. Hotel operations, maintenance, and safety

The Portal supports operations, inspections, housekeeping, inventory, maintenance, work orders, pool and spa logs, training, and similar activities. Entries, alerts, checklists, and status indicators are administrative aids. They do not certify that premises, equipment, water chemistry, a workplace, or a task is safe, compliant, inspected, or complete. Responsible personnel must independently verify measurements, conditions, qualifications, instructions, and required follow-up.

Follow applicable safety rules, manufacturer instructions, emergency procedures, and professional requirements. Do not rely on the Portal as an emergency service, a life-safety system, or a substitute for required physical inspections and qualified judgment. Escalate urgent hazards through established channels. These Terms concern Portal use; they do not release otherwise applicable duties of hotel owners, operators, employers, or Brightpath concerning injuries, premises, or unsafe conduct.

8. Workforce, payroll, and financial records

Scheduling, timekeeping, payroll estimates, accounting, purchasing, budgets, and reports depend on accurate inputs, configuration, and review. Authorized personnel must verify transactions, pay calculations, tax treatment, bank details, approvals, and exported records before relying on them. The Portal does not provide legal, tax, investment, or accounting advice, or independently authorize payments or employment actions.

Employers remain responsible for lawful pay, hours, classifications, recordkeeping, and employment decisions. Employees must accurately report time and promptly raise errors; an error, missed entry, outage, or refusal to accept these Terms does not waive compensation legally owed. Nothing authorizes unlawful wage deductions or restricts protected complaints, benefits, workers’ compensation, discrimination claims, or other nonwaivable employment rights.

9. AI-assisted features

AI-generated summaries, recommendations, classifications, calculations, and answers may be incomplete, inaccurate, outdated, or biased. Outputs require appropriate human review against source records and applicable requirements. Do not treat AI output as a guarantee or use it alone for safety-critical actions, legal compliance, employment decisions, financial transfers, or decisions materially affecting an individual’s rights. Use only authorized data and follow applicable feature notices. You remain responsible for decisions you are authorized to make; Brightpath retains responsibilities that law or a separate agreement places on it.

10. Third-party services

Integrations, hosting, payment services, email, messaging, external websites, AI providers, and other third-party services may have separate terms and availability limits. Authorize connections only when permitted by your organization and the relevant service. Brightpath does not guarantee independent third-party content, actions, performance, or continued compatibility. Subject to Sections 12 and 13, we are not responsible for losses caused solely by independent third parties outside our reasonable control. This does not remove our own contractual or statutory duties when selecting, instructing, or using service providers.

11. Warranty disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXPRESS COMMITMENTS IN A CONTROLLING SIGNED AGREEMENT, THE PORTAL IS PROVIDED “AS IS” AND “AS AVAILABLE.” BRIGHTPATH DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We do not promise that every error will be corrected, that outputs will meet every requirement, or that the Portal will always be timely, uninterrupted, or free from harmful components. No informal statement creates a warranty inconsistent with a controlling written agreement. Mandatory warranties and Section 13 remain unaffected.

12. Limitation of liability

SUBJECT TO SECTION 13 AND ANY CONTROLLING SIGNED AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTPATH AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS ACTING IN CONNECTION WITH THE PORTAL WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS OR REVENUE; BUSINESS INTERRUPTION; OR LOSS OF GOODWILL, USE, OR DATA ARISING FROM THE PORTAL OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

SUBJECT TO SECTION 13, THEIR COMBINED AGGREGATE LIABILITY FOR CLAIMS ARISING FROM OR RELATING TO THE PORTAL OR THESE TERMS WILL NOT EXCEED THE GREATER OF US $1,000 OR THE FEES THE CUSTOMER ACTUALLY PAID BRIGHTPATH FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Related events constitute one event for this calculation, to the extent permitted by law. This cap is not a fee payable by a user and does not make an employee personally responsible for Customer charges.

These limitations apply to available claims in contract, tort, including ordinary negligence, or otherwise, only where lawful. They allocate the commercial risks of providing the Portal and apply even if a limited remedy fails of its essential purpose, except where law requires otherwise.

13. Liabilities and rights that remain protected

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, or gross negligence, or any liability or remedy that applicable law does not permit to be excluded or limited. Nothing limits nonwaivable rights concerning death or personal injury, privacy, security, data-breach notices, consumer protection, wages, employment, protected reporting, or access to courts or regulators. A limitation applies only to the lawful extent; it does not excuse performance of mandatory duties. The protection in this section prevails over any conflicting disclaimer, indemnity, restriction, or other term.

14. Customer indemnity

Where an authorized representative binds a Customer to these Terms, that Customer will defend and indemnify Brightpath and its personnel against third-party claims, reasonable legal costs, and resulting damages to the extent caused by the Customer’s unlawful or infringing submitted content, material breach of these Terms, or deliberate unauthorized misuse of the Portal. This obligation excludes the portion caused by an indemnified party’s negligence, willful misconduct, breach of its obligations, or liabilities protected by Section 13.

Brightpath will provide reasonably prompt notice and reasonable cooperation at the Customer’s expense. The Customer may control the defense with competent counsel, but may not admit wrongdoing, impose nonmonetary obligations, or settle without an unconditional release for an indemnified party without that party’s reasonable written consent. This indemnity does not impose a personal indemnity on employees or other individual authorized users and does not authorize deductions from wages.

15. Portal ownership

Brightpath and its licensors retain rights in the Portal’s software, designs, branding, templates, and other proprietary materials, excluding Customer Data and third-party materials. No ownership transfers through use. Do not remove proprietary notices or reuse branding without permission. We may use voluntary, nonconfidential product feedback to improve services without compensation; feedback does not authorize disclosure or unrestricted use of personal information or Customer Data.

16. Changes, suspension, and termination

We may modify features and reasonably suspend or terminate access for material misuse, security threats, legal requirements, expired authorization, or termination of the Customer agreement. Where practicable, we will provide notice and an opportunity to address a remediable issue. Immediate action may be necessary to protect users, data, or systems. Applicable contractual commitments, retention duties, and legally required access rights remain in force.

We may publish revised Terms with an updated version date. Material changes require notice and renewed affirmative acceptance before continued Portal access. Changes apply prospectively and do not retroactively eliminate accrued rights. Ownership, confidentiality, lawful limitations, applicable indemnities, dispute provisions, and accrued obligations survive termination to the extent relevant.

17. General provisions and disputes

Applicable law governs these Terms. A controlling signed agreement may specify governing law and forum; otherwise disputes may be brought before a court with lawful jurisdiction. These Terms do not impose mandatory arbitration or a class-action waiver. You may contact us to seek informal resolution, but doing so is not a prerequisite to exercising legal rights or meeting a filing deadline.

We are not responsible for delay caused by events beyond our reasonable control to the lawful extent, without excusing required safeguards, mitigation, or nonwaivable duties. Invalid provisions are severable to the extent the remaining agreement can lawfully operate. Failure to enforce a provision is not a waiver. You may not transfer account access without authorization. Brightpath may assign these Terms with a business transfer subject to existing obligations and applicable law. These Terms and controlling signed agreements govern Portal use; they create no employment, partnership, or agency relationship. The parties protected by Section 12 may enforce that section subject to Section 13.

18. Contact and acceptance record

For questions, access concerns, or privacy requests, contact Brightpath Hospitality Solution LLC at hp71991@gmail.com. Contact your employer separately for payroll, workplace, or employment issues.

Your affirmative acceptance may be recorded with your account identity, Terms version, and acceptance time to document this agreement, consistent with the Privacy Notice and applicable law. Acceptance confirms agreement to these Terms; it does not provide blanket consent to optional data uses or waive the rights preserved above.