BRILLIANTMOVE

 

Effective Date: May 27, 2026

Version 4.0

 

IMPORTANT LEGAL NOTICE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE BRILLIANTMOVE PLATFORM.

BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.

 

 

1.1  What BrilliantMove Is

BrilliantMove, Inc. (“BrilliantMove,” “Company,” “we,” “us,” or “our”) operates a proprietary software-as-a-service platform (the “Platform”) that provides technology tools for workflow orchestration, delivery scheduling, route visibility, operational coordination, payment facilitation, communications infrastructure, and logistics-related administrative functions. BrilliantMove’s role is limited exclusively to providing software, data infrastructure, and coordination technology.

 

1.2  What BrilliantMove Is Not

BrilliantMove is NOT and shall not be construed as:

•     a motor carrier, common carrier, contract carrier, or freight carrier of any kind;

•     a transportation company, moving company, delivery service provider, or last-mile carrier;

•     a warehouse operator, storage provider, fulfillment company, or bailee of goods;

•     a logistics operator, delivery network operator, or managed transportation provider;

•     an employer, co-employer, staffing agency, or franchisor of providers, drivers, or couriers;

•     an agent of retailers, customers, or providers for purposes of contractual obligations, regulatory classification, or liability;

•     a provider of cargo insurance, transportation insurance, or any form of goods coverage.

 

1.3  No Transportation Contract

All transportation agreements, delivery engagements, and service arrangements exist exclusively between the retailer or customer and the independent delivery provider. BrilliantMove’s facilitation of scheduling, assignment, routing, payment, and communications through the Platform does not make BrilliantMove a party to, beneficiary of, or obligor under any transportation or delivery contract. No bill of lading, proof of delivery, or shipment confirmation generated through the Platform creates a contractual obligation of BrilliantMove with respect to cargo, delivery outcome, or service performance.

 

1.4  Software Coordination Only

The Platform coordinates, schedules, routes, assigns, and facilitates communications among independent parties. BrilliantMove’s automation, orchestration, and operational tools — including automated assignments, route recommendations, workflow sequencing, lifecycle management, notification dispatch, payment facilitation, and dashboard visibility — are software-based coordination functions only. The exercise of software-based operational coordination does not constitute operational control, employment, agency, carrier conduct, or transportation brokerage under any applicable law or regulation.

 

 

2.1  Independent Contractor Status

All delivery providers, drivers, couriers, carriers, independent logistics operators, retailers, and business users are independent contractors or independent businesses. No provision of these Terms, no operational feature of the Platform, and no interaction with BrilliantMove creates an employment, agency, franchise, joint venture, partnership, co-employer, or fiduciary relationship.

 

2.2  No Agency Created by Assignment

The fact that BrilliantMove’s Platform auto-assigns providers, orchestrates routing, sequences workflows, or manages operational lifecycle states does not, under any circumstances, create an agency relationship, an employment relationship, a supervisory relationship, or a carrier relationship between BrilliantMove and any provider. BrilliantMove does not direct, supervise, or control the physical execution of any delivery or transportation service. Assignment through the Platform is a software-based matching and scheduling function only and confers no authority on BrilliantMove to direct provider conduct.

 

2.3  Provider Autonomy

Providers retain exclusive control over:

•     methods, means, and manner of performing transportation and delivery services;

•     selection of routes, vehicles, and operational approaches;

•     scheduling, availability, acceptance, and rejection of assignments;

•     hiring, supervision, and management of their own personnel;

•     maintenance and operation of vehicles and equipment;

•     compliance with all applicable transportation, labor, and licensing laws;

•     procurement and maintenance of required commercial insurance;

•     tax obligations, withholding, and self-employment compliance;

•     operating without exclusivity — providers may contract with other platforms, companies, or customers.

 

2.4  Provider Licensing and Insurance

Each provider represents and warrants that it maintains all licenses, permits, registrations, and insurance coverage required by applicable federal, state, and local law, including commercial auto insurance, cargo insurance where applicable, and any required operating authority. Providers are solely responsible for maintaining required coverage and regulatory compliance at all times.

 

2.5  Provider Screening Disclaimer

Any verification, screening, or credentialing performed or facilitated by BrilliantMove in connection with provider onboarding is limited in scope, does not constitute a comprehensive background investigation, and should not be interpreted as an endorsement, safety certification, character guarantee, fitness determination, or warranty of any kind regarding any provider. BrilliantMove expressly disclaims any representation that its screening processes, if any, are sufficient to detect all disqualifying information. Users are encouraged to conduct their own independent due diligence regarding providers.

Any background check, identity verification, or credential review performed by or on behalf of BrilliantMove is performed as an operational tool only and does not shift liability from providers to BrilliantMove for provider conduct, negligence, or misconduct during any delivery or transportation operation.

 

2.6  No Benefits or Wages

BrilliantMove does not pay wages, provide benefits, withhold taxes, provide workers’ compensation, or provide unemployment insurance to any provider. Providers are solely responsible for all tax obligations arising from their use of the Platform.

 

3.1  Retailer Obligations

Retailers accessing the Platform accept full operational responsibility for the following:

•     Pickup Readiness: ensuring merchandise is ready, staged, and accessible at the confirmed pickup time and location;

•     Inventory Accuracy: providing complete, accurate, and current descriptions of all items including dimensions, weight, fragility, and any special handling requirements;

•     Packaging Responsibility: ensuring all items are properly packaged, labeled, and secured for transport prior to provider pickup;

•     Loading Assistance: providing reasonable loading assistance and safe loading conditions where applicable;

•     Safe Premises: maintaining safe premises conditions for provider access during pickup operations;

•     Accurate Delivery Information: providing accurate recipient names, delivery addresses, access codes, contact information, and special instructions;

•     Customer Communication: managing customer expectations regarding delivery windows, product condition, and returns.

 

3.2  Retailer Regulatory Compliance

Retailers represent and warrant that all goods submitted for Platform-facilitated delivery comply with all applicable federal, state, and local laws and regulations, including without limitation: U.S. Department of Transportation (DOT) hazardous materials regulations; federal and state restrictions on alcohol, tobacco, and controlled substances; federal firearms laws and state firearms regulations; regulations governing oversized or overweight items; any industry-specific or product-specific regulatory requirements; and applicable import/export and customs laws. Retailers are solely responsible for obtaining all required permits, licenses, and regulatory approvals for shipment of regulated goods. BrilliantMove assumes no responsibility for retailer regulatory compliance and shall have no liability for claims arising from retailer shipment of non-compliant, prohibited, or regulated goods.

 

3.3  Retailer Indemnification

Retailers agree to defend, indemnify, and hold harmless BrilliantMove and its affiliates, officers, directors, employees, and agents from all claims, damages, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising from: defective, damaged, or improperly packaged products; inaccurate inventory or product descriptions; unsafe loading conditions or unsafe premises; prohibited, restricted, or regulated goods; inaccurate delivery information; retailer violations of applicable law; or any claims by customers or providers relating to retailer operational failures.

 

3.4  No Retailer Agency

Nothing herein creates an agency, partnership, employment, joint venture, or fiduciary relationship between BrilliantMove and any retailer. Retailers are independent business users of the Platform and remain solely responsible for their own operations, personnel, inventory, customer relationships, and regulatory compliance.

 

4.1  Accurate Information

Customers are solely responsible for providing complete and accurate delivery addresses, contact information, access instructions, recipient availability windows, and any special delivery requirements. BrilliantMove assumes no responsibility for failed deliveries, re-delivery fees, or delays caused by inaccurate or incomplete customer-provided information.

 

4.2  Customer Assumption of Delivery Risk

By using the Platform, customers expressly assume all risks associated with the coordination of delivery services through the Platform, including without limitation: risks associated with the selection and performance of independent delivery providers; risks associated with cargo handling, transport, and delivery; risks associated with delays, non-delivery, or re-delivery; and risks arising from provider conduct during any delivery operation. Customers acknowledge that BrilliantMove does not perform delivery services and does not guarantee delivery outcomes.

 

4.3  Provider Independence Acknowledgment

Customers expressly acknowledge that all delivery services are performed by independent third-party providers and not by BrilliantMove. BrilliantMove’s coordination of provider assignment, routing, and scheduling is a software function only and does not render BrilliantMove responsible for provider conduct, delivery outcomes, or service quality.

 

4.4  Prohibited and Restricted Shipments

Customers may not request delivery of items that are illegal, hazardous, prohibited under applicable law, or restricted under Platform policies. Customers represent and warrant that all requested shipments are lawful, properly described, and compliant with applicable transportation regulations. Customers indemnify BrilliantMove for any claims arising from prohibited or unlawful shipments.

 

4.5  Fragile and High-Value Items

Customers acknowledge that BrilliantMove does not provide specialized handling for fragile, high-value, or irreplaceable items. Customers assume all risk for fragile or high-value items and are encouraged to obtain independent insurance coverage prior to shipment.

 

 

5.1  No Possession or Custody

BrilliantMove does not at any time take actual or constructive possession, custody, or control of any goods, merchandise, freight, or shipments. BrilliantMove is not a bailee, warehouseman, carrier, or custodian of any goods and does not assume any obligations of a carrier, bailee, or logistics operator with respect to any goods.

 

5.2  No Guarantee Against Damage or Loss

BrilliantMove does not guarantee the condition, integrity, or delivery of any goods and shall not be liable for: cargo loss, damage, theft, spoilage, or deterioration; concealed damage not reported at time of delivery; failed delivery attempts; delay in delivery; items damaged due to inadequate packaging; or losses arising from incorrect delivery information.

 

5.3  Packaging Responsibility

Retailers and shippers are solely responsible for ensuring goods are adequately packaged for transport. BrilliantMove and providers shall not be liable for damage attributable to inadequate, improper, or insufficient packaging.

 

5.4  Claims Requirements

Any claim for cargo loss, damage, or non-delivery must be: (a) reported to BrilliantMove within forty-eight (48) hours of the scheduled delivery time; (b) supported by photographic or documentary evidence; and (c) submitted through the Platform’s designated claims process. Failure to comply with these requirements shall bar any claim against BrilliantMove.

 

5.5  Exclusions for Fragile and High-Value Items

BrilliantMove expressly disclaims any liability for damage to or loss of fragile items (including glassware, electronics, artwork, mirrors, antiques, or perishables) and high-value items (including jewelry, currency, negotiable instruments, or items valued over USD $500) unless separately agreed in writing.

 

5.6  No Consequential Damages for Cargo

In no event shall BrilliantMove be liable for any consequential, special, incidental, punitive, or indirect damages arising from cargo loss or damage, including lost profits, lost sales, business interruption, customer penalties, or emotional distress.

 

5.7  No Insurance Provided

BrilliantMove does not provide cargo insurance and does not guarantee that any provider maintains cargo insurance. Users are solely and exclusively responsible for obtaining independent insurance coverage for their goods, operations, and liabilities. The facilitation of payment processing through the Platform does not constitute any insurance, indemnification, or coverage arrangement. BrilliantMove’s facilitation role does not create any insurance obligation whatsoever.

 

 

6.1  Estimates Only

All estimated times of arrival (ETAs), delivery windows, assignment recommendations, route suggestions, and scheduling projections generated by the Platform are operational estimates only. They do not constitute guarantees, warranties, or commitments of any kind. BrilliantMove expressly disclaims any liability for failure to meet estimated delivery windows.

 

6.2  Dynamic Routing and Assignment Changes

Routes, provider assignments, delivery windows, and operational sequences may change dynamically in real time based on traffic conditions, operational events, provider availability, customer actions, system updates, or third-party factors. BrilliantMove reserves the right to modify any routing or assignment at any time without prior notice.

 

6.3  Automated Decisioning Disclaimer

The Platform may use automated logic, machine learning, artificial intelligence, route optimization algorithms, and third-party mapping and data APIs to generate recommendations and operational decisions. Such automated outputs are informational and operational coordination functions only. BrilliantMove does not warrant the accuracy, reliability, completeness, or fitness for any purpose of any automated recommendation, routing output, or system-generated workflow decision.

 

6.4  No Guarantee of Optimization

BrilliantMove does not guarantee that any route, assignment, or workflow generated by the Platform represents the optimal, safest, most efficient, or most cost-effective approach for any operational scenario. Providers retain independent judgment and are not required to follow any Platform recommendation.

 

7.1  No Uptime Guarantee

BrilliantMove does not warrant or guarantee uninterrupted, error-free, or continuous availability of the Platform. The Platform may experience planned or unplanned outages, performance degradation, maintenance windows, data synchronization delays, or service interruptions at any time.

 

7.2  No Warranty of Continuous Notifications

Notification delivery depends on third-party telecommunications infrastructure, cloud messaging services, mobile push notification services (including Apple Push Notification Service, Google Firebase Cloud Messaging, and similar providers), cellular carrier routing, device availability, and user notification settings. BrilliantMove shall not be liable for delayed, undelivered, filtered, or failed notifications regardless of cause, including carrier filtering, platform outages, device limitations, or user configuration settings. Operational decisions should not be made solely on the basis of receipt of any particular notification.

 

7.3  Technology Disclaimer

The Platform is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability. BrilliantMove expressly disclaims all such warranties.

 

7.4  Third-Party Service Dependencies

The Platform integrates with and depends upon numerous third-party services including cloud computing providers, GPS infrastructure providers, cellular network carriers, mapping and routing API providers, payment processors, telecommunications providers, and analytics platforms. BrilliantMove shall not be liable for any outage, error, inaccuracy, data loss, delay, or operational failure caused by any third-party service dependency.

 

7.5  Specific Technology Disclaimers

Without limiting the foregoing, BrilliantMove specifically disclaims liability for:

•     GPS inaccuracies, GPS signal loss, or GPS spoofing events;

•     mapping inaccuracies, outdated map data, or incorrect routing instructions;

•     notification delays or failures due to telecommunications carrier or push notification provider performance;

•     API errors, timeouts, or third-party integration failures;

•     payment processing delays or failures caused by payment processor systems;

•     data synchronization delays between Platform components;

•     operational dashboard inaccuracies due to data latency.

 

 

8.1  Express Written Consent

By providing a mobile telephone number and accessing the Platform, each user — including customers, delivery providers, retailers, and business account users — provides express written consent to receive autodialed and/or pre-recorded transactional SMS and text message communications from BrilliantMove and its authorized communications partners (including Twilio, Inc. and similar telecommunications service providers) at the mobile number provided.

 

8.2  Transactional Communications Only

All SMS communications from BrilliantMove are transactional in nature and include communications related to: delivery scheduling and confirmation; driver assignment notifications; ETA and route updates; order status and lifecycle events; payment processing notifications; and operational alerts. BrilliantMove does not send marketing, promotional, or advertising SMS messages.

 

8.3  Message Frequency and Rates

Message frequency varies based on account role, operational activity, and platform events. Message and data rates may apply depending on the user’s mobile carrier plan. BrilliantMove is not responsible for charges imposed by a user’s mobile carrier.

 

8.4  Opt-Out and Help

Users may opt out of SMS communications at any time by replying STOP to any BrilliantMove text message. Upon receipt of a STOP message, BrilliantMove will send a single confirmation and cease transactional SMS messages to that number, except as required for legal compliance. For assistance, users may reply HELP or contact support@mybrilliantmove.com.

 

8.5  No Sale of SMS Data

 

8.6  No Condition of Purchase

Consent to receive SMS communications is not a condition of any purchase, service contract, or platform access. However, certain operational SMS communications are functionally necessary for Platform operations, and opting out may limit the ability to use certain Platform features.

 

9.1  Technology-Only Role

BrilliantMove facilitates payment workflows exclusively as a technology function through third-party payment processors. BrilliantMove is not a bank, financial institution, money transmitter, payment processor, escrow provider, or insurer. All payment infrastructure is operated by independent third-party payment processors.

 

9.2  User Financial Responsibilities

Providers and retailers are solely responsible for: all tax obligations and income reporting arising from Platform-facilitated transactions; proper accounting and financial recordkeeping; chargeback disputes and resolution; compliance with applicable financial regulations; and reporting obligations to applicable governmental authorities.

 

9.3  Counterparty Relationships

The contractual relationship for goods and services exists between retailers and customers, and between retailers and providers. BrilliantMove is not a counterparty to any transaction facilitated through the Platform and assumes no liability for transaction disputes, non-payment, or contractual breaches between Platform users.

 

 

10.1  Aggregate Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRILLIANTMOVE’S TOTAL AGGREGATE LIABILITY TO ANY USER ARISING OUT OF OR RELATED TO THE PLATFORM, THESE TERMS, OR ANY TRANSACTION FACILITATED THROUGH THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID TO BRILLIANTMOVE BY SUCH USER DURING THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

 

10.2  Excluded Damages

IN NO EVENT SHALL BRILLIANTMOVE BE LIABLE TO ANY PARTY FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITIES; (C) LOSS OF GOODWILL OR REPUTATION; (D) BUSINESS INTERRUPTION OR OPERATIONAL DOWNTIME; (E) EMOTIONAL DISTRESS OR PHYSICAL HARM; (F) DATA LOSS OR DATA CORRUPTION; (G) DELAYS IN DELIVERY OR TRANSPORTATION; (H) INACCURATE ROUTING, MAPPING, OR ETA ESTIMATES; OR (I) ANY DAMAGES ARISING FROM PROVIDER CONDUCT, RETAILER ACTIONS, OR THIRD-PARTY SERVICE FAILURES — EVEN IF BRILLIANTMOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

10.3  No Fiduciary Duties

Nothing in these Terms or in the operation of the Platform creates any fiduciary duty, duty of care, duty of loyalty, or similar heightened duty owed by BrilliantMove to any user, retailer, provider, or third party.

 

10.4  No Warranty of Outcomes

BrilliantMove does not warrant any particular delivery outcome, routing efficiency, operational result, revenue outcome, or service quality from use of the Platform. The Platform is a coordination and facilitation technology only.

 

 

11.1  User Indemnification Obligations

Each user (customer, provider, retailer, or business user) agrees to defend, indemnify, and hold harmless BrilliantMove and its affiliates, officers, directors, members, employees, contractors, and agents from and against all claims, demands, lawsuits, regulatory actions, penalties, fines, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:

•     the contents, condition, legality, or packaging of any shipment;

•     inaccurate, incomplete, or misleading information provided to BrilliantMove;

•     the user’s breach of these Terms or any applicable law or regulation;

•     the user’s conduct on or through the Platform;

•     unsafe premises, unsafe loading conditions, or unsafe operational environments;

•     provider conduct during transportation or delivery operations;

•     retailer product defects, packaging failures, or operational non-performance;

•     customer failure to provide accurate addresses, access, or availability;

•     transportation, labor, or licensing violations by providers;

•     infringement of any intellectual property right of any third party;

•     fraud, misrepresentation, or Platform abuse;

•     claims arising from the user’s own employees, agents, or subcontractors.

 

BrilliantMove shall not be liable for any delay, failure, interruption, degradation, or non-performance arising from events or circumstances beyond BrilliantMove’s reasonable control, including: weather events, natural disasters, earthquakes, floods, hurricanes, or severe storms; traffic conditions, road closures, or infrastructure failures; strikes, labor shortages, or labor disputes; government orders, regulatory actions, sanctions, or emergency declarations; cyber incidents, ransomware attacks, or data breaches; cloud infrastructure outages or data center failures; GPS infrastructure failures or satellite communication disruptions; cellular network outages or telecommunications infrastructure failures; mapping service outages or API deprecations; pandemic, epidemic, or public health emergency; acts of terrorism, war, civil unrest, or riot; or power grid failures.

 

13.1  Consent to Operational Monitoring

By using the Platform, all users expressly acknowledge and consent to BrilliantMove’s collection, use, processing, and retention of operational data as necessary to provide Platform services, including: GPS location data and real-time location telemetry during active operational workflows; route data, travel paths, stop sequences, and delivery telemetry; device identifiers, application usage data, and operational event logs; operational analytics, performance metrics, and workflow efficiency data; delivery proof data including photographs, signatures, and confirmation records; communication records including SMS metadata and support interaction logs; and payment processing metadata and transaction records.

 

13.2  Operational Necessity

Collection of operational data, including GPS location tracking, route telemetry, delivery telemetry, and operational analytics, is necessary for the core functionality of the Platform, including route optimization, ETA generation, fraud prevention, dispute resolution, payment facilitation, and service quality assurance. This data collection is a material operational requirement of the Platform and is disclosed as a condition of Platform access and provider participation. Providers may not opt out of operational telemetry collection during active Platform sessions without terminating their active session.

 

13.3  Provider GPS Tracking

Delivery providers expressly consent to foreground and background GPS tracking during active Platform sessions, including during active delivery assignments and operational availability windows. Providers may terminate GPS tracking by logging out of the Platform, provided that doing so may affect their ability to receive assignments or complete active deliveries.

 

13.4  Privacy Policy

BrilliantMove’s collection and use of personal data is further governed by the BrilliantMove Privacy Policy, which is incorporated herein by reference and available at mybrilliantmove.com/privacy.

 

Users are prohibited from: filing false, fabricated, or exaggerated damage or loss claims; submitting fraudulent chargebacks or payment disputes; GPS spoofing, location falsification, or manipulation of delivery records; submitting false proof-of-delivery documentation; repeated fraudulent cancellations intended to disrupt operations; harassment or abusive conduct toward providers, customers, or Platform personnel; scraping, reverse engineering, or unauthorized access to Platform systems; or creating multiple accounts to circumvent Platform restrictions.

BrilliantMove reserves the right to suspend or permanently terminate any user account, withhold pending payments, pursue civil remedies, and report fraudulent conduct to appropriate law enforcement in response to detected abuse or fraud.

 

The Platform, including all software, algorithms, interfaces, content, branding, trademarks, and operational technology, is the exclusive property of BrilliantMove and its licensors. Users receive a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended operational purposes. Users may not copy, modify, reverse engineer, distribute, sublicense, or create derivative works from any Platform components.

 

BrilliantMove may suspend or terminate any user account at any time, with or without notice, for any violation of these Terms, for fraudulent or abusive conduct, for non-payment, for regulatory compliance reasons, or for any other reason at BrilliantMove’s sole discretion. Upon termination, all Platform access rights cease immediately. Obligations that survive termination include indemnification, limitation of liability, and arbitration provisions.

 

 

17.1  Binding Arbitration

ALL DISPUTES, CLAIMS, AND CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY TRANSACTION FACILITATED THROUGH THE PLATFORM SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW.

 

17.2  Class Action Waiver

EACH USER EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING AGAINST BRILLIANTMOVE. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

 

17.3  Informal Resolution

Before initiating arbitration, each party agrees to provide written notice of the dispute and to engage in good-faith informal resolution efforts for thirty (30) days.

 

17.4  Governing Law and Venue

These Terms shall be governed by the laws of the Commonwealth of Massachusetts without regard to conflict-of-law principles. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Suffolk County, Massachusetts. Each party consents to the personal jurisdiction and venue of such courts and waives any objection to inconvenient forum.

 

 

18.1  Electronic Acceptance

By accessing, registering for, or using the Platform in any manner — including browsing, placing orders, accepting assignments, onboarding as a retailer or provider, or continuing to use the Platform after receiving notice of updated Terms — each user expressly and unconditionally agrees to be bound by these Terms and all policies incorporated herein. No separate written signature is required for these Terms to be legally binding and enforceable against the user. Electronic acceptance applies equally to customers, delivery providers, retailers, and all other Platform users.

 

18.2  Electronic Records and Signatures

In accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state electronic signature laws, users agree that: (a) electronic records and electronic signatures constitute legally binding agreements to the same extent as paper-based records and handwritten signatures; (b) BrilliantMove may maintain all records, contracts, consents, and agreements in electronic form; (c) proof-of-delivery records, assignment acceptances, payment authorizations, and consent records generated through the Platform constitute valid electronic records; and (d) users waive any right to require BrilliantMove to provide paper copies of any electronic records, except as required by applicable law.

 

18.3  Retailer and Provider Onboarding

Electronic acceptance through the Platform onboarding process — including clicking acceptance of terms, submitting registration forms, or commencing use of the Platform following onboarding — constitutes a binding contractual agreement between BrilliantMove and the retailer or provider. BrilliantMove may rely on electronic onboarding records as conclusive evidence of contractual acceptance in any dispute or arbitration proceeding.

 

19.1  Platform Evolution

BrilliantMove reserves the right, at any time and in its sole discretion, to modify, update, expand, reduce, restructure, discontinue, or terminate any aspect of the Platform or its services, including without limitation:

•     adding, modifying, or removing Platform features, tools, or capabilities;

•     modifying or discontinuing operational workflows, routing logic, or assignment processes;

•     changing pricing, fee structures, or payment processing terms;

•     modifying, deprecating, or replacing API integrations, third-party connections, or data feeds;

•     changing notification systems, communication channels, or delivery confirmation methods;

•     modifying provider assignment logic, eligibility criteria, or operational sequencing;

•     retiring legacy features or Platform versions;

•     restructuring the Platform to comply with applicable law or regulatory requirements.

 

19.2  No Liability for Changes

BrilliantMove shall not be liable to any user, retailer, provider, or third party for any modification, suspension, or discontinuation of the Platform or any feature thereof. Users are responsible for monitoring Platform communications regarding material changes to services. Continued use of the Platform following any modification constitutes acceptance of such modification.

 

20.1  User Compliance Obligations

Users represent and warrant that: (a) they are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. economic sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) or the U.S. Department of State; (b) they are not named on any OFAC sanctions list, the U.S. Commerce Department’s Entity List, or any other applicable government restricted-party list; and (c) their use of the Platform will comply with all applicable U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) where applicable.

 

20.2  BrilliantMove Right to Restrict

BrilliantMove reserves the right to immediately suspend or terminate access to the Platform for any user that BrilliantMove reasonably believes to be in violation of applicable export control or sanctions laws, or that is identified on any applicable government restricted-party list. BrilliantMove shall not be liable for any losses arising from such suspension or termination.

 

All Platform outputs, including route recommendations, ETA estimates, operational workflow suggestions, scheduling recommendations, assignment decisions, and analytics reports, are informational and operational coordination outputs only. They do not constitute and should not be construed as: legal advice; compliance advice; regulatory guidance; professional transportation consulting; safety recommendations; or any other form of licensed professional advice.

BrilliantMove is not a licensed attorney, compliance consultant, transportation consultant, safety professional, or logistics advisor. Users are solely responsible for ensuring that their use of the Platform, their operations, and their shipments comply with all applicable laws, regulations, and professional standards. Users should consult qualified legal, compliance, and industry professionals for any advice regarding their specific operations, regulatory obligations, or legal requirements.

 

22.1  Use of Automated Systems

The Platform uses and may continue to develop, deploy, and modify automated systems, machine learning models, artificial intelligence tools, predictive analytics, and algorithmic decision-support technologies in connection with: provider assignment and matching; route generation and optimization; ETA prediction and adjustment; demand forecasting; fraud detection and anomaly identification; operational workflow sequencing; and platform performance optimization.

 

22.2  No Explainability or Fairness Guarantees

BrilliantMove does not warrant, represent, or guarantee: (a) the explainability, interpretability, or transparency of any automated system’s decision logic; (b) the fairness, neutrality, or absence of bias in any automated output; (c) that any automated system will produce optimal, most efficient, or best-available results in any scenario; (d) that automated systems will operate without error, interruption, or degradation; or (e) that the methodology or architecture of any automated system will remain static over time. BrilliantMove reserves the right to modify, replace, retrain, or retire any automated system at any time without notice or liability.

 

22.3  Informational Outputs Only

All outputs generated by automated systems — including assignment recommendations, route suggestions, ETA estimates, and operational alerts — are informational coordination outputs only. They do not constitute binding commitments, guarantees of outcome, professional recommendations, or representations of accuracy. Users retain independent judgment and are not required to rely upon or follow any Platform-generated automated output.

 

23.1  Modifications to Terms

BrilliantMove reserves the right to modify these Terms at any time. Updated Terms will be posted to the Platform with a revised effective date. Continued use of the Platform following notice of updated Terms constitutes acceptance.

 

23.2  Severability

If any provision of these Terms is found invalid or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect. Any invalid provision shall be modified to the minimum extent necessary to make it enforceable.

 

23.3  Entire Agreement

These Terms, together with BrilliantMove’s Privacy Policy and any applicable supplemental terms, constitute the entire agreement between the user and BrilliantMove with respect to the Platform and supersede all prior agreements, representations, and understandings.

 

23.4  Waiver

BrilliantMove’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

 

23.5  Assignment

BrilliantMove may assign these Terms or any rights hereunder to any affiliate, successor, or acquirer without user consent. Users may not assign their rights or obligations under these Terms without BrilliantMove’s prior written consent.

 

23.6  Contact

Legal inquiries: legal@mybrilliantmove.com | General support: support@mybrilliantmove.com | BrilliantMove, Inc.