Terms of Service
These Terms of Service describe the legal terms that govern your use of Brightpinewalk LLC website and any advisory, diagnostic, or implementation services provided by Brightpinewalk. By accessing or using the site, submitting an inquiry, or entering into an engagement with us, you agree to these terms. If you do not agree, do not use the site or engage our services. These terms form the basis for our relationship and are intended to promote clear expectations about scope, deliverables, fees, confidentiality, and limitations of liability. Where an engagement is governed by a separate written agreement or engagement letter, that agreement will take precedence to the extent it is explicit. The content below summarizes core commercial and legal terms and explains your rights and responsibilities when working with Brightpinewalk. For any questions, please contact our team at [email protected] or call +1 (415) 732-8200.
Services and engagements
Brightpinewalk provides consulting services that include diagnostics, strategic advisory, operational design, automation planning, and capability building. Services are provided under a written engagement letter or statement of work that specifies scope, deliverables, timeline, and fees. Deliverables may include reports, playbooks, dashboards, training materials, and implementation support. We make commercially reasonable efforts to meet agreed timelines and to base recommendations on available data, research, and our professional judgment. All project scopes are subject to change management procedures defined in the engagement letter; changes that materially affect scope or timing may require re-estimation and additional fees. Where we provide templates, playbooks, or code, those items are typically intended for client use within the client environment. Services may require client cooperation, access to systems, and timely feedback; failure to provide cooperation may affect outcomes and schedule. We are not responsible for third-party tools, platforms, or services that the client chooses to use, though we may recommend best practices and vetted integrations.
Fees, payment, and expenses
Fees for our services are set out in the engagement letter. Payment terms are specified there and typically require invoicing on milestones or monthly for ongoing work. Unless otherwise agreed, invoices are due within 30 days. Past due amounts may accrue interest at a reasonable statutory rate. Client is responsible for agreed fees and for any reasonable third-party costs or expenses incurred while performing services, such as travel, data acquisition, or specialized software subscriptions, if explicitly authorized in advance. Our engagement letters will explain whether a retainer or deposit is required. If a client requests work outside the agreed scope, we will propose a change order and estimated fees to proceed. Refunds are assessed on a case-by-case basis and will be governed by the engagement letter provisions. All fees are exclusive of taxes, and the client is responsible for applicable taxes unless a valid exemption applies and is documented.
Confidentiality and data handling
We treat client information as confidential. Unless otherwise agreed in writing, both parties will protect confidential information using reasonable care and will not disclose it to third parties except as necessary to perform the engagement or as required by law. Confidential information does not include information that is publicly known through no breach of these terms, independently developed, or rightfully received from a third party without a confidentiality obligation. Client data provided for diagnostics or analysis should be representative and accurate, and the client is responsible for ensuring appropriate data rights and consents. We will use client data only to perform agreed services and will implement security measures appropriate to the sensitivity of the data. For personal data handling, please consult our Privacy Policy at /privacy/. For sensitive or regulated data, clients should notify us in advance and we will agree on appropriate safeguards or decline if the data cannot be handled safely within our operational practices.
Intellectual property
Unless otherwise specified in an engagement agreement, Brightpinewalk retains ownership of its preexisting intellectual property, methodologies, templates, and proprietary tools used to deliver services. Upon full payment of fees, we grant clients a non-exclusive, non-transferable license to use deliverables created specifically for the client for their internal business purposes. Clients are responsible for securing rights to third-party materials they provide. If deliverables incorporate third-party libraries, data, or content, the applicable third-party terms and licenses govern that portion. Clients may not distribute, resell, or republish Brightpinewalk proprietary materials without prior written permission. Any public case study or press release referencing a client will require client consent except where the case study is anonymized to the extent practical and no confidential information is disclosed.
Warranties and limitation of liability
We provide professional services with reasonable skill and care consistent with industry standards. Except as expressly stated in a written engagement agreement, Brightpinewalk disclaims all other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. To the maximum extent permitted by law, Brightpinewalk's total liability for claims arising from or related to an engagement or these terms is limited to the fees paid by the client for the services giving rise to the claim during the 12 months preceding the claim. We are not liable for lost profits, loss of business, loss of data, or indirect, incidental, or consequential damages, even if advised of the possibility of such damages. This limitation applies regardless of the form of action, whether in contract, tort, or otherwise. Nothing in these terms seeks to limit liability to the extent prohibited by applicable law.
Termination and suspension
Either party may terminate a services engagement as specified in the engagement letter. On termination, the client will pay for services performed and costs incurred up to the termination date, plus any fees for reasonable wind-down activities if specified. Brightpinewalk may suspend services if the client fails to make timely payments, does not provide required cooperation, or breaches material obligations. Suspensions do not relieve the client of payment obligations. Certain provisions that by their nature survive termination, such as confidentiality, intellectual property, and limitation of liability, will continue to apply after termination.
Governing law and disputes
These terms and any engagement agreements are governed by the laws of the state of California, United States, without regard to conflict of law rules. Parties will attempt to resolve disputes in good faith through direct negotiation. If negotiation fails, parties may pursue mediation or arbitration as provided in the engagement agreement. If alternative dispute resolution is not specified, disputes will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California. Each party consents to venue and personal jurisdiction in those courts.
Contact and notices
For questions about these Terms of Service or to provide notices, please contact Brightpinewalk at the following address and email: Brightpinewalk LLC, 200 Market St, Suite 1200, San Francisco, CA 94105, United States; email: [email protected]; phone: +1 (415) 732-8200. Notices provided under an engagement agreement should follow the contact instructions in that agreement. We may update these terms from time to time and will post changes at /terms/ with a revised effective date. Continued use of our website or services after such updates constitutes acceptance of the revised terms.
Effective date: