Terms of Service

Brightlark Digital, Inc.

Effective Date: 2026

1. About These Terms

These Terms of Service govern your use of the Brightlark website at www.brightlark.com, including all related pages, forms, landing pages, scorecards, and digital tools operated by Brightlark Marketing, Inc. ("Brightlark," "we," "our," or "us").

By using this website or submitting information to Brightlark, you agree to these Terms. If you do not agree, do not use the site.

We may update these Terms occasionally. When we do, we will revise the effective date above. Your continued use of the site after changes are posted means you accept the updated Terms.

2. Who We Are

Brightlark Marketing, Inc. is a HubSpot Solutions Partner based in Denver, Colorado. We help professional services firms implement and optimize HubSpot as an operating system for marketing, sales, service, and growth.

Brightlark Marketing, Inc. 2000 South Colorado Boulevard Tower One, Suite 2000 Denver, Colorado 80222 Email: info@brightlark.com Phone: (303) 284-3262

3. Use of This Website

• Use the site in any way that violates applicable law or regulation.
• Transmit or distribute harmful, offensive, or disruptive content.
• Attempt to gain unauthorized access to any part of the site or its underlying systems.
• Use automated tools, bots, or scrapers to collect content or data from the site.
• Interfere with the site's security, performance, or availability.
• Misrepresent your identity or affiliation when submitting information to Brightlark.
• Use the site to transmit spam, malware, or unsolicited communications.

Brightlark may restrict or terminate access to the site for any user who violates these Terms or uses the site in a way we consider harmful or inappropriate.

4. The HubSpot  Friction Scorecard

The HubSpot Friction Scorecard is a self-guided diagnostic tool that helps professional services firms identify potential friction areas in their HubSpot setup across six categories: CRM Structure, Marketing-to-Sales Handoff, Sales-to-Service Handoff, Workflow Automation, Reporting and Visibility, and Admin Load and Data Hygiene.

Scorecard results are informational only. They are based on your responses at the time of completion and help you consider where HubSpot friction may be concentrated in your firm.

Scorecard results are not a substitute for a professional review of your HubSpot portal, data, workflows, reporting, or business processes. They do not constitute a full audit, a binding assessment, or a guarantee of any specific outcome.

By completing the Scorecard, you agree that Brightlark may use your responses to generate results, recommend next steps, follow up with relevant resources, and determine if Brightlark services may fit your firm. We may store your responses in our CRM according to our Privacy Policy.

5. Informational  Content

The content on this website, including articles, frameworks, descriptions, guides, and other materials, is provided for general informational and educational purposes only.

Nothing on this site constitutes legal, financial, accounting, tax, or professional advice. Brightlark is not a law firm, accounting firm, or licensed financial advisor.

While we strive to keep content accurate and current, we make no representations or warranties about the completeness, accuracy, reliability, or suitability of any information on the site. You rely on site content at your own risk.

6.  Services

Engagements for Brightlark services, including Frictionless Firm Roadmaps, Frictionless Firm Roadmap Implementation, and Frictionless Firm Retainers, are governed by a separate Client Services Agreement between Brightlark and the engaging party.

These Terms of Service do not constitute a services agreement, proposal, or commitment by either party to enter an engagement.

Key terms that apply to all service engagements:

No guarantee of results. Brightlark's recommendations aim to reduce friction, improve visibility, and enhance how HubSpot supports your business. We do not guarantee any specific operational, financial, sales, marketing, service, revenue, profitability, or business outcome. Results depend on many factors outside Brightlark's control, including your internal processes, team adoption, data quality, HubSpot subscription level, third-party tools, and business decisions.

Independent contractor. Brightlark operates as an independent contractor. No engagement creates a partnership, joint venture, employment relationship, agency, or fiduciary relationship.

Satisfaction commitment. If you notify Brightlark in writing within 30 days of your initial engagement that you believe the Services are not a fit, Brightlark will refund amounts paid for that engagement. This commitment applies only to the first engagement and does not cover third-party software fees, HubSpot subscription fees, advertising spend, or services outside Brightlark's control.

7. Intellectual  Property

7.1 Brightlark Content

All content on this website, including text, graphics, logos, frameworks, methodology descriptions, scorecard tools, and other materials, is owned by or licensed to Brightlark and protected by applicable intellectual property laws.

Brightlark's proprietary concepts and frameworks, including but not limited to Capacity Trap, Frictionless Firm, Frictionless Firm Framework, and HubSpot Friction Scorecard, are the intellectual property of Brightlark Marketing, Inc.

You may not reproduce, distribute, publish, modify, create derivative works from, or commercially exploit any Brightlark content without prior written consent.

7.2 Limited  Personal Use

You may view, download, and print content from this site for personal, non-commercial reference, provided you do not remove any copyright or proprietary notices.

7.3 Your  Content

If you submit information, responses, or other content to Brightlark through forms, the Scorecard, or other tools, you grant Brightlark a non-exclusive license to use that information to respond to your inquiry, provide services, improve tools, and communicate with you according to our Privacy Policy. You represent that you have the right to submit any information you provide.

8. Third-Party  Platforms and Links

This website may reference or link to third-party platforms, tools, or websites including HubSpot.

Brightlark is not responsible for the content, privacy practices, security, performance, availability, or terms of any third-party platform or website. Links to third-party sites do not constitute an endorsement.

Your use of HubSpot and any other third-party tools is governed by the terms and policies of those providers. Brightlark is not liable for changes, outages, errors, data loss, feature changes, or other issues caused by third-party platforms.

9. No  Warranties

This website and its content are provided on an "as is" and "as available" basis without warranties of any kind, express or implied.

To the maximum extent permitted by law, Brightlark disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Brightlark does not warrant that the site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

10. Limitation of  Liability

To the maximum extent permitted by law, Brightlark's total liability to you for any claim arising out of or relating to these Terms or your use of this website shall not exceed one hundred dollars ($100.00).

Brightlark is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, loss of goodwill, business interruption, or failure to achieve expected results, even if Brightlark has been advised of the possibility of such damages.

This limitation applies regardless of the legal theory of liability, including contract, tort, negligence, strict liability, or any other theory.

11.  Indemnification

You agree to indemnify, defend, and hold harmless Brightlark and its officers, employees, contractors, affiliates, successors, and assigns from any claims, damages, liabilities, expenses, or judgments, including reasonable attorneys' fees, arising out of or relating to your use of this website, your violation of these Terms, your submission of inaccurate or unlawful information, or your violation of any applicable law or third-party right.

12.  Privacy

Your use of this website is also governed by Brightlark's Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, store, and protect information submitted through the site.

13. Communications and  Email

By submitting a form, completing the Scorecard, or otherwise providing your contact information on this site, you agree that Brightlark may contact you by email or phone to respond to your inquiry, deliver requested resources or results, and send relevant information about Brightlark services.

You may opt out of marketing or promotional emails at any time by clicking the unsubscribe link in any such email or by contacting us at info@brightlark.com. We may still send non-marketing communications related to services you have requested or business transactions with us.

14. Modifications  to the Site

Brightlark may modify, suspend, or discontinue any part of this website at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the site or its content.

15. Governing Law and  Venue

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or your use of this website that is not resolved informally shall be subject to the exclusive jurisdiction of the state and federal courts located in Denver County, Colorado, and you consent to personal jurisdiction in those courts.

Before starting any formal legal proceeding, both parties agree to attempt a good-faith informal resolution. Either party may start that process by providing written notice describing the dispute in reasonable detail. The parties will try to resolve the dispute within 30 days of that notice unless both agree to extend the period.

16.  Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible.

17. Entire  Agreement

These Terms, together with the Privacy Policy and any applicable Client Services Agreement, constitute the entire agreement between you and Brightlark regarding your use of this website.

They supersede all prior communications, understandings, and agreements related to that subject matter.

18. Contact

Questions or concerns about these Terms may be directed to:

Brightlark Marketing, Inc. 2000 South Colorado Boulevard Tower One, Suite 2000 Denver, Colorado 80222

Email: info@brightlark.com

Phone:(303) 284-3262