TERMS OF SERVICE
Last updated September 8, 2026
These Terms of Service (these "Terms") govern access to and use of the services provided by CMO Success, LLC, a Delaware limited liability company doing business as Bright Growth ("Bright Growth," "we," "us"), including the AI CMO Operating System Platform at app.brightgrowth.io (the "Platform") and our marketing audit, plan, and execution services (together with the Platform, the "Services"), by the customer identified in the applicable engagement agreement, statement of work, or order form, and by any person or organization that requests a complimentary Marketing Snapshot under Section 21 (the "Customer," "you").
1. The Agreement
These Terms, together with any engagement agreement, statement of work, or order form between you and Bright Growth (each, an "Engagement Agreement"), our Data Processing Agreement (the "DPA"), and our Privacy Policy at brightgrowth.io/privacy, form the agreement between us (the "Agreement"). If there is a conflict: the Engagement Agreement controls commercial terms (scope, fees, term); the DPA controls the processing of personal data; these Terms control everything else. By creating an account on the Platform, signing an Engagement Agreement, requesting a complimentary Marketing Snapshot, or using the Services, you accept these Terms on behalf of the organization you represent, and you confirm you have authority to do so and are at least 18 years old. If you have no Engagement Agreement with us, Section 21 governs your use and the rest of these Terms apply to the extent relevant.
2. The Services
Bright Growth delivers marketing audit, plan, and execution engagements. The Platform is the workspace where we deliver your engagement: your organization's private area for documents, deliverables, and engagement records. Platform accounts are provisioned by invitation, issued either by Bright Growth or by an administrator of your own organization (including the invitations your administrators may issue to Specialist Consultants under Section 8), or by requesting a complimentary Marketing Snapshot for your own company as described in Section 21. In no case is there any self-service joining of another organization's workspace. The scope of each paid engagement is defined in the applicable Engagement Agreement.
3. Accounts and Security
You are responsible for your users' credentials and for activity under your accounts. Keep credentials confidential, and notify us promptly at privacy@brightgrowth.io if you suspect unauthorized access. Where we issue your organization a machine credential (for example, a credential for submitting findings to the Platform from your own systems), you are responsible for safeguarding it and for everything submitted with it, on the same terms as a user credential, and the same notification duty applies. We may suspend an account that we reasonably believe is compromised or being misused, and we will notify you promptly if we do.
4. Customer Content
4.1 You own your content. You retain all rights in the documents, information, and materials you or your users provide in connection with an engagement, including materials contributed into your workspace by a Specialist Consultant (defined in Section 8) ("Customer Content"). You grant Bright Growth a limited, non-exclusive license to host, process, and use Customer Content solely to deliver your engagement and operate the Services, consistent with the Agreement.
4.2 Your responsibilities. You represent that you have the rights and any necessary consents to provide Customer Content, including any personal information it contains about your own personnel or third parties.
4.3 What not to upload. The Services are not designed for, and you agree not to provide: (a) contact-level records of your own customers or prospects (names, email addresses, phone numbers); or (b) sensitive personal information, including health information, government identifiers, and financial account numbers. We may delete data provided in breach of this Section on discovery, and will notify you if we do.
5. Acceptable Use
You will not: use the Services to violate law or third-party rights; attempt to access another customer's workspace or probe, disable, or circumvent the Platform's security or access controls; introduce malicious code; resell or provide the Services to third parties except to your authorized users; or use the Services to build a competing product. We may suspend access for material violations, with notice and an opportunity to cure where practicable.
6. Deliverables and Intellectual Property
6.1 Your deliverables are yours. Upon payment of the applicable fees, you own the audit, plan, and execution deliverables we prepare specifically for you ("Deliverables"), excluding the Bright Growth Materials embedded in them, for which you receive a perpetual, non-exclusive, royalty-free license to use as part of the Deliverables for your internal business purposes.
6.2 Our materials remain ours. Bright Growth retains all rights in its pre-existing and independently developed materials: methodologies, frameworks, templates, rubrics, benchmarks, directories, software, and know-how ("Bright Growth Materials"). Nothing in the Agreement transfers them, and you will not resell, republish, or make the Bright Growth Materials available outside your organization on a standalone basis.
6.3 Third-party frameworks. The Services may include or adapt third-party frameworks and methodologies, used with attribution. Third-party names and marks belong to their owners, and their inclusion is not an endorsement. Any framework-specific license or attribution requirements will be preserved in your Deliverables.
6.4 Feedback. If you give us feedback about the Services, we may use it without restriction or obligation. Feedback does not include Customer Content.
6.5 Materials we give you to run yourself. We may make available to you a Bright Growth extraction recipe (prompts, schemas, and instructions) for you to run in your own AI environment to produce findings you submit to the Platform. We grant you a non-exclusive, non-transferable, revocable licence to use, run, and modify it inside your organization for that purpose. It remains Bright Growth Materials under Section 6.2, including that restriction on making Bright Growth Materials available outside your organization, and we provide it without warranty under Section 14.3; what it produces is yours, and what you choose to submit is Customer Content under Section 4.1.
7. AI-Assisted Services
7.1 How we use AI. Bright Growth may use AI-assisted tools, including large language models accessed through a commercial Anthropic (Claude) account, on or off the Platform, to augment the Services, including analyzing Customer Content, researching publicly available information about your organization and competitors you name, and drafting your Deliverables. Documents you upload to the Platform may be transmitted to the AI provider for analysis, and automated research may run web searches through the AI provider's search tooling. We use only AI provider accounts whose commercial terms provide that submitted content is not used to train the provider's models absent a separate opt-in, and we will not opt your content in. Documents the Platform generates for your engagement are produced by AI-assisted software and then reviewed by Bright Growth personnel; each generated document displays on its face whether it has been reviewed, and a document marked "pending review" has not yet been reviewed by a person. Once reviewed, the document records who reviewed it and when, and that record cannot be set from within your workspace. A Marketing Snapshot is different: it is generated automatically and is never reviewed by a person before you receive it; Section 21 governs it. In neither case do we use the Services to make automated decisions that produce legal or similarly significant effects about any individual; our automated analysis assesses an organization's publicly visible marketing, not any person. Deliverables are professional marketing analysis and recommendations, and not legal, financial, or investment advice.
7.2 Generated documents under an Engagement Agreement. A document the Platform generates for you under an Engagement Agreement is a Deliverable governed by Sections 6, 14, and 16, and not a Marketing Snapshot under Section 21, from the moment it is marked reviewed. While a generated document displays "pending review," it is a working draft made available to you early for convenience: Sections 21.2 and 21.3 apply to it until it is marked reviewed, and it is not a Deliverable for purposes of Section 14.1 until then. Bright Growth will review each such document before the engagement milestone it supports is delivered.
8. Third-Party Specialist Consultants
8.1 Who they are. Some engagements involve independent functional experts ("Specialist Consultants"). Specialist Consultants contract directly with you: they are not Bright Growth's employees, agents, subcontractors, or subprocessors, and Bright Growth makes no representations or warranties about their services, confidentiality, or data practices; those are established by your agreement with them. Where a Specialist Consultant participates in your engagement, we may share engagement-relevant Customer Content with them at or with your direction. Work a Specialist Consultant delivers to you outside the Platform is between you and the consultant.
8.2 Consultant access inside the Platform. Your administrators may invite a Specialist Consultant into your workspace. A consultant's Platform access is read-only, is limited to the document categories and assessment areas your administrator selects when granting it, expires automatically after at most ninety (90) days unless your administrator renews it, and can be revoked by your administrator at any time from within the Platform; revocations are recorded. Bright Growth does not select, approve, or supervise the consultants you invite. A Specialist Consultant you grant access to is your authorized user, acting on your behalf and under your instructions; you are responsible for the consultant's use of the Platform and of anything the consultant reads there, as you are for any other user under Section 3, and the consultant's own handling of that information is governed by your agreement with the consultant. Material a consultant contributes to your engagement, whether placed in your workspace by you or by Bright Growth at your direction, is Customer Content and is yours under Section 4.1.
9. Directories and Recommendations
As part of an engagement we may share entries from our Investor Directory or Partner (Vendor) Directory, for example a shortlist of investors or vendors matching your needs. Directory information is provided as-is for use within your engagement: we vet entries but do not guarantee any third party's accuracy, availability, or performance, and inclusion is not an endorsement. Your outreach to listed individuals or firms is your responsibility, including compliance with applicable marketing and communications laws.
10. Demo Workspace
The Platform includes a sample workspace for a fictional company (ACME.AI) with illustrative data. It is provided for demonstration only, without warranty, and may change or be removed at any time.
11. Confidentiality
Each party will protect the other's Confidential Information with at least the same care it uses for its own similar information (and no less than reasonable care), use it only to perform under the Agreement, and not disclose it except to personnel and advisors who need it and are bound by confidentiality obligations at least as protective. "Confidential Information" means non-public information disclosed under the Agreement that is marked confidential or that a reasonable person would understand to be confidential, including Customer Content and engagement records (yours) and the Bright Growth Materials and non-public Platform details (ours). It excludes information that is or becomes public through no fault of the recipient, was known without restriction before disclosure, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information where legally compelled, with prompt notice to the other party where lawful so it can seek protection. These obligations survive termination for three (3) years, and for Customer Content, for as long as we hold it.
12. Privacy and Data Protection
Our processing of personal data in Customer Content is governed by the DPA, which is incorporated into the Agreement. Our privacy practices generally are described in the Privacy Policy at brightgrowth.io/privacy. In the event of a conflict regarding personal data, the DPA controls.
13. Fees and Payment
Fees, invoicing, and payment terms are set out in each Engagement Agreement. Unless it says otherwise: fees are exclusive of taxes (you pay applicable sales/use taxes; we pay our own income taxes), and undisputed invoices are due within thirty (30) days. We will not suspend the Services for non-payment without at least fifteen (15) days' written notice and an opportunity to pay.
14. Warranties and Disclaimers
14.1 Our warranties. Bright Growth warrants that (a) the Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards, and (b) the Platform will perform materially as described in the Agreement. Your exclusive remedy for breach of this warranty is re-performance of the deficient Services, or, if we cannot re-perform within a reasonable time, termination of the affected engagement and a refund of prepaid fees for the unperformed portion.
14.2 Mutual warranty. Each party warrants it has the authority to enter into the Agreement.
14.3 Disclaimer. Except as stated in this Section, the Services are provided without other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted or error-free, or that Deliverables will achieve any particular business result; marketing outcomes depend on factors outside our control, including your execution and market conditions.
15. Indemnification
15.1 By Bright Growth. We will defend you against third-party claims alleging that the Platform or a Deliverable (excluding Customer Content and third-party materials you supplied) infringes a third party's intellectual property rights, and pay damages finally awarded or agreed in settlement. If such a claim arises, we may modify the infringing item, replace it, or, if neither is commercially reasonable, terminate the affected engagement and refund prepaid unused fees.
15.2 By Customer. You will defend Bright Growth against third-party claims arising from Customer Content (including that it infringes third-party rights or was provided without necessary consents) or your use of the Services in violation of law or Section 5, and pay damages finally awarded or agreed in settlement.
15.3 Process. The indemnified party must give prompt notice, allow the indemnifying party to control the defense (without settling in a way that admits the indemnified party's fault or imposes obligations on it without consent), and reasonably cooperate.
16. Limitation of Liability
Except for (a) a party's indemnification obligations under Section 15, (b) a breach of Section 11 (Confidentiality), or (c) a party's gross negligence or willful misconduct: neither party will be liable for indirect, incidental, consequential, special, or punitive damages, or lost profits or revenues, even if advised of their possibility; and each party's total aggregate liability arising out of or relating to the Agreement will not exceed the fees paid or payable by Customer under the applicable Engagement Agreement in the twelve (12) months preceding the event giving rise to the claim. Nothing in the Agreement limits liability that cannot be limited under applicable law.
17. Publicity
Neither party will use the other's name, logo, or marks, including in customer lists, case studies, or press releases, without the other's prior written consent. Case studies and testimonials follow the separate consent process described in our Privacy Policy.
18. Term, Suspension, and Termination
18.1 These Terms apply from your first acceptance and continue while any Engagement Agreement is in effect or you maintain a Platform account.
18.2 Either party may terminate an Engagement Agreement (i) per its own terms, or (ii) for material breach not cured within thirty (30) days of written notice.
18.3 On termination or expiry: your access to the Platform workspace ends on the schedule in the Engagement Agreement, and any Specialist Consultant access to your workspace ends at the same time; we will return or delete Customer Content as provided in the DPA (deletion or return within thirty (30) days of written request, subject to legal retention and backup cycles); fees accrued through termination remain payable; and any prepaid fees for Services not performed due to our uncured breach will be refunded. Your Deliverables and Customer Content, including material contributed to your engagement by a Specialist Consultant, remain yours after termination. On request before deletion, we will provide an export of the documents in your workspace in a commonly used format. Deletion under the DPA covers your Platform workspace and Bright Growth's own engagement working files for you; Bright Growth retains the Bright Growth Materials and the records it must keep by law.
18.4 Sections 4.1 (your ownership), 6, 11, 12, 14.3, 15, 16, 17, 18.3 (ownership and export after termination), 20, and 21.5 survive termination.
19. Changes to These Terms
We may update these Terms from time to time. For material changes, we will give at least thirty (30) days' notice (email to your designated contact or prominent notice on the Platform) before the changes take effect, and material changes will not apply retroactively to the current term of an active Engagement Agreement without your consent. The "Last updated" date above reflects the current version. If you object to a material change, you may terminate the affected Services by written notice before the change takes effect and receive a pro-rata refund of prepaid, unused fees.
20. General
The Agreement is governed by the laws of the State of California, without regard to conflict-of-laws rules, and the state and federal courts located in San Francisco, California have exclusive jurisdiction, and each party consents to that venue. Neither party may assign the Agreement without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all assets, with notice. Notices must be in writing: to Bright Growth at privacy@brightgrowth.io (or, for general matters, info@brightgrowth.io) or CMO Success, LLC, 946 Teresita Blvd, San Francisco, CA 94127; to you at the contact in your Engagement Agreement. Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it uses reasonable efforts to mitigate. The parties are independent contractors. You will not use the Services in violation of applicable export control or sanctions laws. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect. No waiver is implied from any failure to enforce. The Agreement (these Terms, the Engagement Agreement(s), the DPA, and documents incorporated by reference) is the entire agreement between the parties regarding the Services and supersedes prior discussions.
21. Complimentary Marketing Snapshot
21.1 What it is. On request, we produce a complimentary "Marketing Snapshot" for your company: an automated, outside-in assessment of that company's publicly visible marketing, scored against our standard evaluation framework, delivered into a private Platform workspace we create for you. It is offered free of charge and is not part of any Engagement Agreement. When you enter a company website address on the request form, our software immediately runs a brief automated preview scan of that company's public web presence to suggest details for you to confirm; the full Snapshot is not generated, and no workspace is created, until you confirm your work email address.
21.2 It is automated and unreviewed. A Marketing Snapshot is generated by AI-assisted software from publicly available information. No Bright Growth person writes, reviews, verifies, or approves it before you receive it. It is our software's opinion based on what is publicly visible at the time it runs, and not a statement of fact about any company, not an audit, and not professional, legal, financial, or investment advice. It may be incomplete, out of date, or wrong. Where public evidence does not support an assessment, the relevant item is left ungraded rather than estimated; an ungraded item means we found nothing to assess, not that nothing exists.
21.3 Do not rely on it. You should not use a Marketing Snapshot as the sole basis for any business, hiring, investment, procurement, or other decision, and you may not represent it to any third party as an independent, verified, or human-conducted assessment. If you republish or quote it, you must identify it as an automatically generated Bright Growth Marketing Snapshot.
21.4 Companies you name. If you name competitors (up to three), our software may examine their publicly available information and may compare them to your company. Those comparisons are opinion-based on public sources, are provided solely to you, and are not published by us or shared with the companies named. You represent that you are requesting a Snapshot for a company you are authorized to act for, and you will not request one to disparage, harass, or gain unfair competitive advantage over another business. Third-party names and marks referenced in a Snapshot belong to their owners; their use is nominative and is not an endorsement or affiliation.
21.5 No warranty, and limits. Notwithstanding Section 14, a Marketing Snapshot is provided "as is" and "as available," without warranty of any kind, express or implied, including as to accuracy, completeness, currency, fitness for a particular purpose, or non-infringement. We may decline a request, and may change, suspend, correct, or withdraw the Snapshot offering or any individual Snapshot at any time, with or without notice. For the avoidance of doubt, Section 16 applies to a Marketing Snapshot; because no fees are paid for it, our total aggregate liability arising out of or relating to a Marketing Snapshot will not exceed one hundred U.S. dollars (US$100).
21.6 Ownership, and your data. The Snapshot is yours to use internally, subject to Sections 6.2 and 21.3; the underlying framework, rubrics, scoring, and software remain Bright Growth Materials. We process the information you submit and the resulting Snapshot as described in the Privacy Policy at brightgrowth.io/privacy. You may ask us to correct or delete your Snapshot and its workspace at any time by emailing privacy@brightgrowth.io. The DPA does not apply to a Marketing Snapshot requested without an Engagement Agreement: in that case we act as a controller of the limited business-contact information you give us, as described in the Privacy Policy, rather than as a processor on your behalf.
21.7 If you become a customer. If you later sign an Engagement Agreement, that agreement, the DPA, and the rest of these Terms govern the engagement, and the Snapshot's disclaimers in this Section continue to apply to the Snapshot itself.
Questions? privacy@brightgrowth.io (data and privacy) · info@brightgrowth.io (general).