Legal

Terms of Service

Last updated: October 2, 2026

These Terms of Service ("Terms") are an agreement between you and BrightSite, Inc., a Delaware corporation ("BrightSite," "we," "us"). They cover your use of the BrightSite website builder, hosting, and related tools, including the dashboard at onbrightsite.com, Lumi, our API and MCP server, and any sites, stores, forms, and emails you run with them (together, the "Service").

Our Acceptable Use Policy, Privacy Policy, and Data Processing Addendum are part of these Terms. By creating an account, checking the box at sign-up, or using the Service, you agree to them. If you're accepting for a company or other organization, you confirm you have authority to bind it, and "you" means that organization.

Please read the "Disputes" section. It requires most disputes to be resolved by individual arbitration and waives class actions, unless you opt out.

The Service

BrightSite lets you build, host, and manage websites and the tools around them: pages, blogs, forms, media, analytics, session recordings, email marketing, online stores, reviews, social posting, search ranking reports, and AI assistance. Features vary by plan and may change over time.

BrightSite provides tools. We don't create your content, run your business, or give legal, tax, marketing, or professional advice, and we don't guarantee any result from using the Service, including search rankings, traffic, sales, or leads.

Who can use BrightSite

You must be at least 18 years old. The Service is for building and running websites for businesses, organizations, and professional or personal projects. You can't use the Service if we've previously suspended or banned you, or if U.S. sanctions or export laws prohibit it.

Your account

Give accurate information and keep it current.
Keep your password and API keys secure. Turn on two-factor authentication.
You're responsible for everything done under your account, including by your team members and by AI agents or apps you connect with your API keys or authorization.
Tell us right away at support@onbrightsite.com if you think your account has been accessed without permission.

Teams. The person who creates an organization (its owner) controls it. Owners and admins can invite members, set their roles, and remove them. You're responsible for the people you give access to and the permissions you grant.

Agencies and partners. If you build or manage sites for clients, you confirm you have your client's permission to do so and to accept these Terms on its behalf for its site. You're responsible for your client's use of the Service through your account, and for giving your client what it needs to take over its site if your relationship ends. If a client and an agency disagree about who controls a site or account, we may rely on the organization's owner, the billing contact, or the domain owner to decide, and we may suspend access until it's resolved.

Plans, trials, and billing

Free trial. New organizations may get a free trial. The length is shown when you sign up. If you add a payment method during the trial, your paid plan starts automatically when the trial ends and you'll be charged then. If you don't, the trial ends and your dashboard is paused until you choose a plan.

Automatic renewal. Paid plans renew automatically at the end of each billing period (monthly or yearly) at the then-current price, and we charge your payment method on file through Stripe until you cancel. Prices are shown before you buy and don't include taxes, which you're responsible for.

Cancel anytime. You can cancel online in your billing settings at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.

Plan changes. Upgrades take effect right away, and you're charged a prorated amount for the rest of the period. Downgrades take effect right away at the new price, and the unused part of the higher plan isn't refunded.

Refunds. Fees are non-refundable, including for partial periods, unused features, and accounts closed mid-period, except where the law requires a refund.

Price changes. We may change prices with at least 30 days' notice by email. The new price applies at your next renewal after the notice period. If you don't agree, cancel before then.

Promotions. Discounts and promotional codes apply only as described in the offer, can't be combined unless the offer says so, and end when the offer's term ends.

Late or failed payments. If a payment fails, we'll retry it and email you. If it stays unpaid, we may pause your dashboard, AI, and API access, take your sites offline, and, after at least 30 days' notice, close your account and delete its content.

AI usage. Plans include AI use within fair limits. We may limit, pause, or charge for AI use that is far above typical use for your plan, after telling you.

Your content and your customers' data

You own your content. Everything you upload, write, or generate for your sites, including text, images, designs, products, and data ("Your Content"), stays yours.

License to us. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and adapt Your Content as needed to provide, secure, and support the Service, including passing it to our service providers and AI providers for that purpose. This license ends when Your Content is deleted from the Service, except for copies in backups for a limited time.

Customer showcase. We may list your organization's name and logo and link to your public site in our customer showcase and marketing. Email support@onbrightsite.com to opt out, and we'll remove it within 30 days.

Your responsibility for Your Content. You're responsible for Your Content and for having the rights, licenses, and permissions it needs, including for images, fonts, testimonials, and trademarks. You confirm it doesn't break the law or our Acceptable Use Policy.

Data about your visitors and customers. When your sites, forms, stores, and emails collect personal information about your visitors, customers, and subscribers ("End User Data"), you are the business responsible for it, and we process it on your behalf under our Data Processing Addendum. You agree to:

publish your own privacy policy on your sites that accurately describes what you collect and how you use it, including our analytics, session recordings, forms, and any third-party tools you turn on (such as Google Analytics, Google Tag Manager, or Meta Pixel)
get any notices, consents, and opt-ins the law requires from your visitors and contacts, including cookie consent, consent to session recording where required, and permission to send marketing email
honor your visitors' and contacts' privacy requests, using the tools in the Service or by contacting us for help
collect only what you need

No sensitive data. Unless we agree in a signed writing, don't use the Service to collect or store:

protected health information under HIPAA (we don't sign business associate agreements)
full payment card numbers or bank account numbers outside our Stripe checkout
Social Security numbers, government ID numbers, passwords, or biometric data
information from children under 13, or sites directed to children under 13

If you do, you're responsible for it, and the Service's protections for it are your responsibility.

Backups are your responsibility too. We back up the Service, but we don't guarantee that any content can be recovered. Keep your own copies of important content using the export tools.

Email you send

Email marketing in BrightSite is sent on your behalf and in your name. You are the sender under anti-spam laws such as CAN-SPAM. You must email only people who agreed to hear from you, include your physical mailing address, honor unsubscribes, and follow our Acceptable Use Policy. We set sending limits and may pause sending if bounce or complaint rates are too high or if we suspect abuse.

Stores and payments

Online stores use Stripe Connect. Your store's Stripe account is between you and Stripe under Stripe's terms. You are the seller and merchant of record, and you're responsible for your products, prices, taxes, shipping, refunds, chargebacks, disputes, customer service, and following consumer protection and sales tax laws. We aren't a party to your sales and aren't responsible for payments, payouts, or Stripe's decisions about your account.

AI features

The Service includes AI features, including Lumi and content, image, SEO, and analysis tools. Using them sends the information needed for each request, which can include Your Content and End User Data, to our AI providers. We don't use Your Content or End User Data to train AI models, and we use our AI providers' paid business services, which don't use API data to train their models.

AI output can be wrong, incomplete, or similar to content created for others. Review it before you publish or rely on it. You're responsible for what you publish, including AI-generated text and images. We don't promise that AI output is accurate, original, or free of third-party rights.

API, MCP, and connected agents

You can access the Service through our API and MCP server using API keys or authorization you grant to apps and AI agents. Agents act with your permissions and can make real changes, including publishing pages, sending email, changing domains, and deleting content. You're responsible for every action taken with your keys or authorizations, and for reviewing what agents do. Keep keys secret and revoke ones you don't need. We may rate-limit, change, or end API and MCP access, and may revoke keys we believe are compromised.

Third-party services

The Service connects to services we don't control, including Stripe, Google (Business Profile, Analytics, and Tag Manager), Meta (Facebook and Instagram), LinkedIn, X, TikTok, domain registrars, and AI and data providers. Your use of a third-party service is governed by its own terms and privacy policy. We aren't responsible for third-party services, their availability, their changes, or what they do with your data once you connect them. Search engines and AI assistants decide for themselves whether and how to show your site.

Domains

BrightSite connects domains you own; we don't sell or register domains. You're responsible for your domain registration, renewal, and the DNS settings you control. If you use our managed DNS, you can export your records. When you leave or your account closes, it's your job to point your domain elsewhere.

Acceptable use, suspension, and enforcement

You must follow our Acceptable Use Policy. We may remove content, limit features, pause sending, take a site offline, or suspend or close an account, with or without notice, if we believe it breaks these Terms or the Acceptable Use Policy, puts the Service or other people at risk, or is required by law. When reasonable, we'll tell you what happened and give you a chance to fix it.

Copyright complaints

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act. If you believe content on a site hosted by BrightSite infringes your copyright, send our designated agent:

your physical or electronic signature
a description of the copyrighted work
the URL of the content you claim infringes it
your name, address, phone number, and email address
a statement that you believe in good faith the use is not authorized by the copyright owner, its agent, or the law
a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner

If your content is removed after a notice and you believe it was a mistake, you can send a counter-notice with the information the law requires. We terminate accounts of repeat infringers in appropriate circumstances.

Our intellectual property

The Service, including our software, templates, components, designs, documentation, and branding, belongs to us and our licensors. We give you a limited, non-exclusive, non-transferable, revocable license to use the Service while your account is active, as these Terms allow.

Templates. You may use our templates and components to build sites in the Service, and you may keep using the published design of your own site. You may not resell, redistribute, or offer our templates or components as templates, themes, or kits, or copy them into another website builder.

Don't copy, modify, reverse engineer, or resell the Service, or use it to build a competing product, except as the law allows. If you send us feedback or ideas, we may use them without any obligation to you.

Beta features

Features labeled beta, preview, early access, or similar are provided as is, may change or be removed at any time, and may have bugs. Don't rely on them for critical work.

Availability and support

We work to keep the Service running but don't promise any level of uptime or that the Service will be uninterrupted, error-free, or secure. We may perform maintenance and make changes. We provide support by email at support@onbrightsite.com.

Changes to the Service

We may add, change, or remove features, change plans, or stop offering the Service. If we discontinue the Service entirely, we'll give you at least 30 days' notice and a chance to export Your Content, and we'll refund any prepaid fees for the period after the Service ends.

Ending your account

You can cancel your plan in your billing settings and ask us to close your organization by emailing support@onbrightsite.com. When an organization is closed, by you or by us:

your sites go offline and connected services are disconnected
you can export Your Content for 30 days from when we notify you, unless we closed it for serious abuse or a legal reason
after that, we delete Your Content and End User Data within 30 days, except copies in backups (overwritten on a rolling schedule) and records we must keep for legal, tax, or security reasons
fees owed stay owed

These sections survive: Your content and your customers' data (as to your responsibilities), Stores and payments, Our intellectual property, Disclaimers, Limitation of liability, Indemnity, Disputes, and General terms.

Disclaimers

The Service, including AI features and third-party integrations, is provided "as is" and "as available." To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy. We don't warrant that the Service will meet your needs, be uninterrupted or secure, keep your content from being lost, or produce any search, traffic, or sales result.

Limitation of liability

To the fullest extent the law allows:

BrightSite and its officers, employees, agents, and suppliers won't be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, sales, data, goodwill, or business opportunities, arising from or related to the Service or these Terms, even if we were told they were possible.
Our total liability for all claims arising from or related to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) $100.

These limits apply to every legal theory, including contract, tort (including negligence), and statute, and even if a remedy fails of its essential purpose. Some places don't allow some of these limits, so they may not fully apply to you.

Indemnity

You'll defend and indemnify BrightSite and its officers, employees, and agents against any third-party claim, and the resulting losses, damages, fines, and costs (including reasonable attorneys' fees), arising from Your Content, your sites, stores, and emails, End User Data and your handling of it, your use of AI output, your clients (if you're an agency), or your violation of these Terms, the Acceptable Use Policy, or the law. We'll tell you about the claim, let you control the defense, and cooperate at your cost. You can't settle a claim that imposes obligations on us without our written consent.

Disputes

Please read this section carefully. It affects your legal rights.

Talk to us first. Before either of us starts an arbitration or small claims case, the person bringing the claim must send a written notice describing it. Your notice must come from you personally or from an authorized officer of your organization (not only from a lawyer) and include your name, organization, account email, a description of the claim, and the relief you want. Send it to support@onbrightsite.com with "Legal notice" in the subject line. We'll send ours to your account email. Within 60 days, either of us can ask for an individual phone or video call to try to resolve it, and the other must take part in good faith. Lawyers may join. Neither of us can start an arbitration until this process is complete. Deadlines for bringing the claim are paused while it runs.

Arbitration. If we can't resolve it, you and BrightSite agree to resolve any dispute related to these Terms or the Service through binding individual arbitration administered by the American Arbitration Association ("AAA"). The AAA Commercial Arbitration Rules apply if you use the Service for a business or organization; the AAA Consumer Arbitration Rules apply if you use it as an individual for personal purposes. These Terms modify those rules where they differ. The arbitration will take place by video, or in the county where you live or your organization is based if a hearing in person is needed, unless we agree otherwise. The arbitrator may award the same individual relief a court could, but only for you individually. The Federal Arbitration Act governs this section.

What's not covered. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may go to court to stop infringement or misuse of intellectual property, to stop unauthorized access to or abuse of the Service, or to collect unpaid fees. Any request for public injunctive relief will be decided by a court after any individual claims are decided in arbitration.

Mass filings. If 25 or more similar arbitration demands are brought against BrightSite by or with help from the same lawyers or organizations within 90 days, AAA will apply its Mass Arbitration Supplementary Rules and handle the demands in batches of up to 100, with one arbitrator for each batch. Batches will proceed at the same time, not one after another. Each claimant keeps the right to present their own case and receive their own decision. Deadlines for bringing claims are paused while demands wait to be batched. If either of us disagrees about whether this paragraph applies, a court will decide.

No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class, collective, or representative proceeding, and the arbitrator can't combine claims of more than one person or organization except as described under "Mass filings." If this paragraph is found unenforceable for a claim, that claim (and only that claim) will be decided by a court, not in arbitration.

Opt out. You can opt out of this arbitration agreement by emailing support@onbrightsite.com with "Arbitration opt-out" in the subject line within 30 days of first accepting these Terms. Include your name, organization, account email, and a clear statement that you want to opt out. Opting out doesn't affect any other part of these Terms.

Changes to this section. If we change this section, the change won't apply to a claim either of us already gave notice of. You can reject a change by emailing us within 30 days of it taking effect; the previous version will then continue to apply to you.

Governing law and courts. These Terms are governed by Delaware law, without regard to its conflict of law rules, except that the Federal Arbitration Act governs the arbitration section. Any dispute not subject to arbitration will be decided in the state or federal courts in Delaware, and you and BrightSite consent to their jurisdiction.

General terms

Changes to these Terms. We may update these Terms. We'll change the "Last updated" date, and for material changes we'll email account owners or notify you in the dashboard at least 30 days before they take effect, unless the change is required by law or addresses abuse or security. If you keep using the Service after a change takes effect, you accept it. If you don't agree, cancel before then.
Notices. We send notices to your account email or in the dashboard. You send notices to support@onbrightsite.com.
Entire agreement. These Terms, the Acceptable Use Policy, the Privacy Policy, the Data Processing Addendum, and any order or plan terms shown at purchase are the whole agreement about the Service. If they conflict, these Terms control, except the Data Processing Addendum controls for End User Data.
Assignment. You can't transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition, or sale of assets.
Force majeure. Neither of us is liable for delays or failures caused by events beyond reasonable control, such as outages at hosting, network, or AI providers, attacks, disasters, or government action.
Independent parties. We are independent contractors. Nothing creates a partnership, agency, or employment relationship.
Severability and waiver. If a part of these Terms can't be enforced, the rest stays in effect. Not enforcing a part right away isn't a waiver.
Export and sanctions. You'll comply with U.S. export control and sanctions laws in using the Service.

Contact

BrightSite, Inc.
8 The Green #25266
Dover, DE 19901
support@onbrightsite.com
(617) 682-9368