1. Agreement to These Terms
These Terms of Use constitute an agreement between you and Bright Barnacle Studio LLC, referred to in these Terms as “Bright Barnacle Studio,” “we,” “us,” or “our.”
By accessing or using our website, applications, software products, or related services, collectively referred to as the “Services,” you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you may not access or use the Services.
If you use the Services on behalf of a business, organization, family, or other person, you represent that you have authority to accept these Terms on their behalf.
2. Our Services
Bright Barnacle Studio develops and operates software products and related services. These may include:
- The Bright Barnacle Studio website and associated informational content.
- Barnacle Bucks and related family responsibility and screen-time management features.
- Bright Heading and related voice, location, mapping, route, and navigation features.
- Product testing, demonstration, support, consulting, and software-development services.
- Other products or features that we may introduce in the future.
Certain Services may be subject to additional product terms, notices, guidelines, or app-store requirements. If additional terms conflict with these Terms, the more specific product terms will control for that particular Service.
3. Eligibility
You must be legally capable of entering into a binding agreement to create an independent account or purchase Services from Bright Barnacle Studio.
Individuals who are not legally capable of entering into a binding agreement may use applicable Services only through, or with the authorization and supervision of, a parent or legal guardian.
You may not use the Services if applicable law prohibits you from receiving or using them.
4. Family and Child Accounts
Certain Services may allow a parent, guardian, or authorized caregiver to create and manage a family account that includes profiles or access for children.
The adult account holder is responsible for:
- Providing accurate information when creating and managing the family account.
- Determining whether a child is permitted to use the Service.
- Supervising the child’s use of the Service.
- Managing tasks, rewards, permissions, approvals, device access, and screen-time rules.
- Reviewing any information or content submitted through a child profile.
- Keeping parent passwords, personal identification numbers, and administrative controls secure.
A child profile is not an independent adult account. The responsible adult controls the family account and may modify, restrict, suspend, or remove child access.
Parents and guardians should not allow children to submit unnecessary personal information through the Services.
5. Account Responsibilities
Some Services may require you to create an account. You agree to provide accurate, current, and complete account information and to update that information when necessary.
You are responsible for:
- Maintaining the confidentiality of your login credentials, access codes, and recovery information.
- Restricting unauthorized access to your account and devices.
- All activity performed through your account, except activity resulting directly from a security failure caused by Bright Barnacle Studio.
- Promptly notifying us if you believe your account has been accessed or used without authorization.
You may not impersonate another person, misrepresent your identity, or create an account using information you are not authorized to use.
6. Acceptable Use
You agree to use the Services only for lawful purposes and in accordance with these Terms.
You may not:
- Use the Services to violate any law, regulation, or the rights of another person.
- Attempt to gain unauthorized access to an account, server, database, network, or system.
- Circumvent authentication, security, access controls, usage limits, or technical restrictions.
- Introduce malware, malicious code, corrupted data, or other harmful material.
- Interfere with the operation, security, performance, or availability of the Services.
- Use automated systems to scrape, copy, extract, or overload the Services without written authorization.
- Reverse engineer, decompile, disassemble, or attempt to derive source code except where such restriction is prohibited by applicable law.
- Copy, reproduce, modify, distribute, sell, license, or commercially exploit the Services except as expressly authorized.
- Use the Services to harass, threaten, exploit, or harm another person.
- Submit fraudulent, misleading, unlawful, infringing, or harmful content.
8. Beta and Test Software
Some Services may be offered as previews, prototypes, demonstrations, early-access releases, beta versions, or test builds.
Beta Services may:
- Contain errors or incomplete features.
- Operate unpredictably.
- Lose or corrupt information.
- Change substantially without notice.
- Be suspended or discontinued at any time.
- Perform differently from any future commercial release.
You should not rely on Beta Services for emergency, safety-critical, medical, financial, legal, or other high-risk decisions.
Participation in product testing may be subject to additional testing instructions or confidentiality requirements.
9. Payments, Purchases, and Subscriptions
Some Services may be free, while others may require a one-time payment, recurring subscription, in-app purchase, or other fee.
Before completing a purchase, you will be shown the applicable price and material purchasing terms through Bright Barnacle Studio or the relevant application store, payment processor, or marketplace.
By completing a purchase, you authorize the applicable payment provider to charge the payment method you select.
Unless otherwise stated at the time of purchase:
- Fees are stated in United States dollars.
- You are responsible for applicable taxes and charges.
- Purchases made through an application store are also governed by that store’s payment and refund policies.
- Refund eligibility will depend on the applicable purchase terms and law.
Recurring Subscriptions
If you purchase a recurring subscription, the price, billing frequency, renewal terms, and cancellation method will be disclosed before purchase.
Unless you cancel before the applicable renewal date, a recurring subscription may renew automatically and the payment provider may charge the then-current subscription price.
Cancellation generally prevents future renewals. Unless otherwise required by law or stated in the applicable purchase terms, cancellation does not automatically provide a refund for a billing period that has already begun.
10. Intellectual Property
The Services, including their software, source code, object code, design, text, graphics, logos, icons, interfaces, features, documentation, product names, and other content, are owned by Bright Barnacle Studio or its licensors and are protected by applicable intellectual property laws.
Subject to these Terms, Bright Barnacle Studio grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for their intended purposes.
These Terms do not transfer ownership of any Bright Barnacle Studio intellectual property to you.
Bright Barnacle Studio, Barnacle Bucks, Bright Heading, associated logos, and related branding may not be used without prior written permission except as permitted by law.
11. User Content
Certain Services may allow users to submit information, photographs, messages, task descriptions, profile information, support materials, or other content, collectively referred to as “User Content.”
You retain ownership of User Content that you lawfully own. You grant Bright Barnacle Studio a limited license to host, store, process, reproduce, display, transmit, and otherwise use User Content as reasonably necessary to:
- Provide the requested Service.
- Maintain and secure the Service.
- Resolve support or technical issues.
- Comply with legal obligations.
You represent that you have all rights and permissions necessary to submit User Content and permit its use as described in these Terms and our Privacy Policy.
You may not submit User Content that is unlawful, infringing, abusive, deceptive, malicious, or that violates another person’s privacy or intellectual property rights.
12. Feedback
You may voluntarily provide suggestions, ideas, comments, bug reports, feature requests, or other feedback about the Services.
You grant Bright Barnacle Studio permission to use, modify, develop, publish, and incorporate that feedback into its products and services without restriction or compensation to you.
This provision does not grant Bright Barnacle Studio ownership of confidential business information or intellectual property that you clearly identify as your own before disclosure.
13. Third-Party Services
The Services may use, integrate with, or link to third-party products and services, including:
- Mapping and navigation providers.
- Location and place-search services.
- Cloud-hosting and database providers.
- Authentication providers.
- Application stores and payment processors.
- Device operating systems and speech services.
- External websites and communication services.
Third-party services are governed by their own terms, privacy policies, availability, and technical requirements.
Bright Barnacle Studio does not control and is not responsible for independent third-party services, content, policies, security, accuracy, or availability.
Changes made by a third-party provider may affect or prevent certain Bright Barnacle Studio features from operating.
14. Availability and Changes to the Services
We may add, modify, update, suspend, restrict, replace, or discontinue any part of the Services.
We do not guarantee that the Services will:
- Always be available or uninterrupted.
- Operate on every device or operating system.
- Remain compatible with third-party services.
- Be free of bugs, delays, or errors.
- Retain every existing feature indefinitely.
Scheduled maintenance, technical failures, network conditions, device limitations, third-party changes, and events outside our reasonable control may affect the Services.
15. Suspension and Termination
You may stop using the Services at any time. Account deletion and subscription cancellation may require separate steps.
We may suspend or terminate access to a Service when we reasonably believe:
- You have violated these Terms.
- Your use creates a security or legal risk.
- Your account has been compromised.
- You have failed to pay an applicable fee.
- Suspension or termination is required by law or a third-party provider.
- The applicable Service is being discontinued.
Where reasonably practical, we may provide notice before terminating an account, but immediate action may be taken when necessary to protect users, systems, legal rights, or public safety.
Provisions that by their nature should continue after termination will survive, including provisions concerning intellectual property, disclaimers, liability, indemnification, and governing law.
16. Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available.”
Bright Barnacle Studio disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and reliability.
We do not warrant that:
- The Services will meet every user’s requirements.
- The Services will be uninterrupted or error-free.
- All defects will be corrected.
- Search results, routes, locations, balances, notifications, or recommendations will always be accurate or current.
- Information transmitted through the Services will never be lost or accessed without authorization.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, these disclaimers apply only to the extent permitted by law.
17. Limitation of Liability
To the fullest extent permitted by law, Bright Barnacle Studio and its owners, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.
This includes damages arising from:
- Loss of data, revenue, profits, or business.
- Service interruption or loss of access.
- Device damage or data corruption.
- Reliance on navigation, mapping, location, voice, or search information.
- Third-party products or services.
- Unauthorized access to an account.
To the fullest extent permitted by law, Bright Barnacle Studio’s total liability for claims arising from or related to the Services will not exceed the greater of:
- The amount you paid directly to Bright Barnacle Studio for the applicable Service during the twelve months before the event giving rise to the claim.
- One hundred United States dollars.
These limitations apply regardless of the legal theory asserted and even if a remedy fails of its essential purpose.
Some jurisdictions do not permit certain limitations of liability. In those jurisdictions, these limitations apply only to the extent permitted by law.
18. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Bright Barnacle Studio and its owners, officers, employees, contractors, affiliates, licensors, and service providers from claims, damages, liabilities, losses, and reasonable expenses arising from:
- Your unlawful or unauthorized use of the Services.
- Your violation of these Terms.
- Your violation of another person’s rights.
- User Content you submit or authorize.
- Your negligent, reckless, or unsafe use of a navigation-related Service.
This obligation does not apply to the extent a claim was caused by Bright Barnacle Studio’s own unlawful conduct.
19. Governing Law
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles.
Unless applicable law requires otherwise, disputes arising from these Terms or the Services will be brought in an appropriate state or federal court located in Nevada.
Nothing in these Terms limits rights or remedies that cannot lawfully be waived under applicable consumer protection law.
20. Changes to These Terms
We may update these Terms as our Services, business practices, technology, or legal obligations change.
The revised Terms will display an updated effective date. When changes are material, we may provide additional notice through the website, applicable Service, email, or another reasonable method.
Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires additional consent.
21. General Provisions
These Terms, together with the Privacy Policy and any applicable product-specific terms, constitute the entire agreement between you and Bright Barnacle Studio concerning the Services.
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be interpreted as closely as legally possible to its intended purpose.
Our failure to enforce a provision is not a waiver of our right to enforce it later.
You may not transfer your rights or obligations under these Terms without our written permission. We may transfer these Terms in connection with a merger, acquisition, reorganization, financing, or sale of all or part of our business.
Section headings are provided for convenience and do not affect interpretation.
22. Contact Us
Questions regarding these Terms may be submitted through the Bright Barnacle Studio contact page.
Contact Bright Barnacle