Last updated: September 16, 2026
1. Acceptance of Terms
These Terms of Use (the "Terms") govern your access to and use of the website located at brightcircle.io and any of its subdomains (together, the "Site"), which is operated by Thesis Music, LLC, a Texas limited liability company doing business as BrightCircle.io ("BrightCircle," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.
2. Site Use vs. Client Services
These Terms govern your use of the Site only. BrightCircle provides marketing, creative, consulting, and related services to clients under separately executed master services agreements and statements of work ("Client Agreements"). Nothing on the Site, and nothing in these Terms, creates an agency relationship, attorney-client relationship, fiduciary duty, partnership, joint venture, or employment relationship between you and BrightCircle. A client engagement only begins once a Client Agreement is signed by both parties.
If you are a current BrightCircle client, the Client Agreement signed between us governs the services we provide to you. If anything in these Terms conflicts with your Client Agreement, the Client Agreement controls with respect to those services.
3. Eligibility
You must be at least 18 years old and legally able to enter into binding contracts to use this Site. By using the Site, you represent and warrant that you meet these requirements and that your use of the Site complies with all applicable laws.
4. Permitted Use
You may use the Site for lawful informational purposes and to inquire about our services. You may not:
- Use the Site in any way that violates applicable law or regulation
- Attempt to interfere with, disrupt, or compromise the Site, its servers, or its security
- Scrape, crawl, harvest, or extract data from the Site through automated means without our prior written consent, except that well-behaved indexing crawlers operating in accordance with our robots.txt are permitted
- Use any content from the Site to train machine learning models, large language models, or other AI systems without our prior written consent
- Reverse engineer or attempt to derive source code from any component of the Site
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Submit false, misleading, or fraudulent information through any form on the Site
- Use the Site to transmit malware, harmful code, or unsolicited communications
- Resell, rebrand, or commercially redistribute any part of the Site or its content
5. Intellectual Property
All content on the Site, including text, graphics, logos, images, videos, methodologies, frameworks, scoring rubrics, and the underlying code, is the property of BrightCircle or its licensors and is protected by United States and international intellectual property laws. The names "BrightCircle," "Brand Canon," and "TAM Stacking," along with related logos, are trademarks of BrightCircle.
You may view, download, and print Site content for personal, non-commercial reference. Any other use, including reproduction, modification, distribution, public display, or republication, requires our prior written consent. Nothing on the Site grants you any license or right to use any BrightCircle trademark.
6. The Marketing Scorecard, Games, and Other Interactive Tools
The Site offers diagnostic tools, including the Marketing Scorecard, that generate informational outputs based on the answers you provide. Those outputs are educational in nature and reflect general patterns we have observed across direct-to-consumer brands. They are not a substitute for a paid engagement, a tailored audit, or professional advice specific to your business. Results, recommendations, and any benchmarks shown are illustrative and may not reflect the conditions of your particular brand, market, or category. You are solely responsible for any decisions you make based on the output.
The Site also offers games, including the Black Friday Simulator. The brands, products, budgets, and outcomes in our games are fictional and come from a simplified model built for entertainment and education. They are not benchmarks, forecasts, or advice for your business. Any resemblance to a real company or product is coincidental.
7. Submissions
Any information you submit through forms on the Site, including the Marketing Scorecard, contact forms, and any other inquiry path, will be handled in accordance with our Privacy Policy. You represent that any information you submit is accurate, that you are authorized to provide it, and that doing so does not violate the rights of any third party.
By submitting information through the Site, you grant BrightCircle a worldwide, royalty-free, perpetual, non-exclusive license to use that information for the purposes described in our Privacy Policy, including responding to your inquiry, delivering requested outputs, improving our services, and creating de-identified or aggregated insights.
8. Third-Party Services and Links
The Site is built using and integrated with third-party services, including HubSpot for form processing and CRM, Google Analytics and Google Tag Manager for analytics, the Meta Pixel and LinkedIn Insight Tag for advertising measurement and targeting, Netlify for hosting and content delivery, and email service providers for follow-up communications. The Site may contain links to third-party websites, including LinkedIn and other professional networks. We do not control and are not responsible for the content, privacy practices, or terms of any third-party site or service. Following a link from the Site is at your own risk.
9. DMCA / Copyright Notices
BrightCircle respects the intellectual property rights of others. If you believe that material accessible through the Site infringes your copyright, you may submit a notice to our designated agent under the Digital Millennium Copyright Act (17 U.S.C. § 512). Your notice must include all information required by the DMCA, including a description of the copyrighted work, the location of the allegedly infringing material on the Site, your contact information, a statement of good faith belief, a statement of accuracy under penalty of perjury, and your physical or electronic signature.
Send DMCA notices to:
DMCA Agent, BrightCircle
Thesis Music, LLC
539 W. Commerce St. Suite 578
Dallas, TX 75208
Email: hello@brightcircle.io
10. Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BRIGHTCIRCLE DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
Case studies, metrics, scorecards, and outcomes referenced on the Site reflect specific past circumstances. They are not predictions, guarantees, or representations of future results. Marketing outcomes depend on many factors outside our control, including third-party platform policies, market conditions, and your own product and operations. Individual results vary.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTCIRCLE AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, REVENUE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF BRIGHTCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BRIGHTCIRCLE'S AGGREGATE LIABILITY UNDER THESE TERMS, FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION APPLIES TO YOUR USE OF THE SITE ONLY AND DOES NOT MODIFY ANY LIABILITY PROVISIONS IN A SEPARATELY EXECUTED CLIENT AGREEMENT.
12. Indemnification
You agree to defend, indemnify, and hold harmless BrightCircle and its officers, members, employees, agents, and contractors from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of your use of the Site, your violation of these Terms, your violation of any rights of another party, or the inaccuracy of any information you submit through the Site.
13. Binding Arbitration and Class Action Waiver
Please read this Section carefully. It affects your legal rights.
Informal resolution first. Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at hello@brightcircle.io with a written description of the dispute and the relief you seek. The parties agree to negotiate in good faith for at least thirty (30) days before initiating arbitration.
Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site that is not resolved through informal resolution will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration will be held in Tarrant County, Texas, before a single arbitrator. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. You and BrightCircle each agree that any dispute will be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
Exceptions. Either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Either party may also seek injunctive or equitable relief in court to protect its intellectual property rights or confidential information.
Opt out. You may opt out of this arbitration agreement by sending written notice to hello@brightcircle.io within thirty (30) days of first accepting these Terms. Your notice must include your name, the email address you used on the Site, and a clear statement that you are opting out of arbitration.
14. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles. Subject to Section 13, any dispute that is not subject to arbitration shall be resolved exclusively in the state or federal courts located in Tarrant County, Texas, and you consent to the personal jurisdiction of those courts.
15. Modifications
We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date at the top of this page. If changes are significant, we may provide additional notice through the Site or by email. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
16. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including suspected violation of these Terms. The provisions that by their nature should survive termination, including intellectual property, submissions, disclaimers, limitation of liability, indemnification, arbitration, and governing law, will survive.
17. Severability
If any provision of these Terms is held to be unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect. If the class action waiver in Section 13 is held unenforceable, then the entire arbitration provision will be null and void, but the rest of these Terms will remain in effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and any separately executed Client Agreement we enter into with you, constitute the entire agreement between you and BrightCircle regarding the Site and supersede any prior understandings or communications regarding the Site.
19. Contact
Questions about these Terms? Contact us at:
Thesis Music, LLC dba BrightCircle.io
539 W. Commerce St. Suite 578
Dallas, TX 75208
Email: hello@brightcircle.io