Legal Framework
Master Service Agreement and Service Level Agreement for BrightSense services
Master Service Agreement (MSA)
General terms and conditions governing all BrightSense services
1. Service Scope
BrightSense provides comprehensive IoT and telecommunications managed services including but not limited to: connectivity solutions (FlexiSIM), management platforms (CentralFlex), analytics services (iSense CoreView), satellite connectivity (Starlink Enterprise), hardware provisioning, software development, and AI analytics.
2. Service Delivery
Services are delivered globally across 200+ countries through our network of carrier partnerships and infrastructure providers. Service availability may vary by geographic location and local regulatory requirements.
3. Customer Obligations
- Provide accurate technical requirements and specifications
- Comply with local telecommunications regulations
- Maintain security of access credentials and systems
- Provide timely payment for services as per agreed terms
4. Intellectual Property
BrightSense retains all rights to its proprietary platforms, software, and methodologies. Customer data and configurations remain the property of the customer, with BrightSense granted necessary rights to provide services.
5. Term and Termination
Service agreements commence upon execution and continue for the agreed term. Either party may terminate with 30 days written notice for convenience, or immediately for material breach. Data migration assistance is provided for 90 days post-termination.
Service Level Agreement (SLA)
Performance commitments and service level guarantees
Network Uptime
Monthly uptime guarantee for core connectivity services
Platform Availability
Management platform and dashboard availability
Support Response
Initial response time for critical issues
Data Recovery
Recovery time objective for data restoration
Service Level Definitions
Critical Issues
Complete service outage affecting multiple customers or regions
High Priority Issues
Significant service degradation or single customer outage
Standard Issues
Minor service issues or feature requests
Service Credits
In the event of SLA breaches, service credits will be applied to customer accounts as follows:
- 99.9% - 99.95% uptime: 5% monthly service credit
- 99.5% - 99.9% uptime: 10% monthly service credit
- Below 99.5% uptime: 25% monthly service credit
Data Protection & Privacy
Data handling, privacy, and security commitments
Data Processing
BrightSense processes customer data solely for the purpose of providing contracted services. We implement appropriate technical and organizational measures to ensure data security and compliance with applicable data protection regulations including GDPR, CCPA, and local privacy laws.
Data Location & Transfer
Customer data is processed in secure data centers located in the customer's region where possible. Cross-border data transfers are conducted under appropriate legal frameworks including Standard Contractual Clauses and adequacy decisions.
Security Measures
- End-to-end encryption for data in transit and at rest
- Multi-factor authentication for system access
- Regular security audits and penetration testing
- ISO 27001 and SOC 2 Type II compliance
- 24/7 security monitoring and incident response
Data Retention
Customer data is retained only for the duration necessary to provide services and meet legal obligations. Upon service termination, data is securely deleted within 90 days unless longer retention is required by law.
Liability & Warranties
Limitation of liability and warranty terms
Service Warranties
BrightSense warrants that services will be performed in a professional manner consistent with industry standards. We warrant that our platforms and services will substantially conform to the specifications outlined in service documentation.
Limitation of Liability
BrightSense's total liability for any claims arising from or related to services shall not exceed the total fees paid by customer in the twelve (12) months preceding the claim. In no event shall BrightSense be liable for indirect, incidental, special, or consequential damages.
Force Majeure
Neither party shall be liable for delays or failures in performance resulting from acts beyond reasonable control, including natural disasters, government actions, telecommunications failures, or other force majeure events.
Indemnification
BrightSense will defend and indemnify customers against third-party claims alleging that our services infringe valid patents, copyrights, or trademarks, subject to customer's prompt notification and cooperation in defense.
Governing Law
This agreement shall be governed by the laws of the jurisdiction where services are primarily delivered, without regard to conflict of law principles. Disputes shall be resolved through binding arbitration or courts of competent jurisdiction.
Questions About Our Legal Framework?
Our legal and compliance team is available to discuss any questions about our terms and agreements.