Terms and Conditions
Terms and Conditions for Examination Services
(Version 2026.1 – Final)
1.Scope of Application
1.1.These Terms and Conditions (“T&Cs”) govern all examination services provided by Brightest GmbH, Lehmbruckstr. 18, 10245 Berlin, Germany (“Brightest”).
1.2. These T&Cs apply to:
• Individual examinations:
• online (private or web-based),
• on-site (test center or paper-based),
• Group examinations:
• online (web-based),
• on-site (green or paper-based),
• Voucher-based bookings,
• Framework agreements unless otherwise agreed in writing.
1.3. Deviating terms of clients or participants shall not apply unless expressly accepted in writing by Brightest.
2. Role of Brightest
2.1. Brightest acts as an authorized examination and qualification provider for various certification bodies.
2.2. The certification decision and issuance of certificates remain the sole responsibility of the respective certification body. Where Brightest issues certificates, it does so strictly on behalf of the relevant certification body.
2.3. Brightest does not and cannot guarantee that any participant will achieve certification.
3. Registration and Conclusion of Contract
3.1. Registration for an examination may be completed:
• via the Brightest website,
• via authorized third-party booking platforms,
• or in writing (email).
3.2. A contract is concluded upon written confirmation by Brightest or its designated service provider.
3.3. Brightest reserves the right to refuse participation for justified reasons, including but not limited to:
• non-payment,
• failure to meet eligibility requirements,
• ID mismatch, suspicion of impersonation, or incomplete identity check,
• breach of examination rules,
• suspected misconduct.
3.4. Brightest and/or the relevant certification body reserve the right to invalidate examination results or revoke certification at any time if misconduct, fraud, or breach of examination rules is discovered after issuance.
3.5. Participants are responsible for ensuring that they meet the eligibility requirements of the relevant certification body for the chosen certification scheme.
4. Fees and Payment
4.1. The applicable examination fee is the price displayed at the time of booking.
4.2. Individual exam fees are due immediately upon booking.
4.3. Group exam invoices are due within 30 days of receipt, unless otherwise agreed.
4.4. All payments must be made without deduction. Any withholding tax imposed by local authorities is the sole responsibility of the client. If applicable, payments must be grossed up to ensure Brightest receives the full invoiced amount.
4.5. Statutory VAT applies where required by law.
4.6. In case of payment default, statutory interest will apply.
5. Vouchers
5.1. Vouchers are valid only within their stated validity period.
5.2. Expired vouchers are non-refundable and cannot be reactivated unless explicitly agreed in writing.
5.3. Vouchers are non-transferable unless otherwise agreed in writing.
5.4. Vouchers cannot be combined with other discounts unless explicitly permitted.
6. Rescheduling and Cancellation
6.1. Individual Exams: (online: private or web-based or on-site: at a respective test center)
• Rescheduling must be completed directly via the booking platform up to 48 hours before the scheduled start time.
• Changes within 48 hours are not permitted, and the full exam fee remains payable.
• Participants are responsible for monitoring the email address used for booking.
• Participants are responsible for ensuring that their technical setup complies with the published system requirements prior to the examination date.
6.2. Group Exams
Cancellations or changes must be made in writing.
• Up to 2 business days before the exam: no fee.
• Within 2 business days: Brightest may charge reasonable costs incurred.
• Replacement participants may be nominated free of charge up to the last working day before the exam.
7. Remote-Proctored Examinations (Private or Web-based)
7.1. For remote examinations, participants agree to comply with all technical, identification, and environment requirements of the designated service provider.
7.2. Brightest reserves the right to refuse services where prohibited by international sanctions or export control regulations.
7.3. If an examination cannot be completed due to technical issues attributable to the participant’s sphere of responsibility, the examination fee remains payable. This includes:
• internet failure
• power outage
• hardware incompatibility
• failure to complete system check
7.4. Audio, video, and screen recording may be conducted for security and exam integrity purposes in accordance with applicable data protection law.
8. Examination Integrity/Conduct and Confidentiality Clause
8.1. Participants agree to cooperate in any investigation of suspected misconduct. The following are strictly prohibited:
• impersonation,
• use of unauthorized materials,
• recording or copying exam content,
• use of generative AI systems, language models, automated answer tools, or any external computational assistance,
• screenshots, transcription software, or external assistance.
8.2. Any violation may result in:
• immediate termination of the exam,
• invalidation of results,
• reporting to the certification body,
• exclusion from future exams.
8.3. Participants shall treat all non-public examination content, questions, scoring mechanisms, and processes as strictly confidential.
8.4. Brightest does not provide training services in connection with examination bookings unless explicitly agreed in a separate written contract.
8.5. Participants must comply with the Brightest Code of Ethics and Conduct.
8.6. Brightest maintains a zero-tolerance policy toward abusive, discriminatory, or disruptive behavior toward staff, proctors, or other participants. Brightest may engage subcontractors or third-party service providers to perform contractual obligations. Brightest remains responsible for compliance with applicable legal requirements.
9. Force Majeure
Brightest shall not be liable for delay or failure in performance caused by circumstances beyond its reasonable control, including but not limited to:
• natural disasters,
• pandemics,
• governmental restrictions,
• internet outages,
• cyberattacks,
• illness of exam personnel,
• actions of certification bodies.
10. Changes and Cancellation by Brightest
10.1. Brightest reserves the right to cancel or reschedule group examinations if:
• minimum participant numbers are not reached,
• force majeure applies,
• operational reasons require it.
10.2. In such cases, participants may:
• rebook at no additional cost, or
• receive a full refund.
10.3. Further claims (e.g., travel costs, lost work time) are excluded to the extent permitted by law.
11. Intellectual Property
11.1. All examination materials remain the intellectual property of the respective certification body and/or Brightest.
11.2. Reproduction, distribution, recording, or publication of examination content is strictly prohibited.
11.3. Scratch notes or materials used during the exam may not be removed or retained, unless explicitly allowed for the given schema.
12. Liability and Limitation Period
12.1. Brightest shall be liable without limitation in cases of:
• intent,
• gross negligence,
• injury to life, body, or health,
• mandatory statutory liability.
12.2. In cases of slight negligence, liability is limited to foreseeable, typical contractual damage.
12.3. Liability for indirect or consequential damages, including loss of profit, is excluded to the extent legally permissible.
12.4. Participants may submit appeals regarding examination results or conduct within 10 business days of notification. Appeals must be submitted in writing. Appeals will be reviewed in coordination with the respective certification body. Brightest will communicate its decision within 10 business days following completion of the appeal review process.
12.5. The limitation period for contractual claims is 12 months from the statutory commencement date, except in cases of intent, gross negligence, injury to life, body or health, or where mandatory statutory provisions provide otherwise.
13. Right of Withdrawal (Consumers Only)
13.1. For participants who are consumers within the meaning of § 13 German Civil Code (Bürgerliches Gesetzbuch – BGB), the following applies:
• A consumer is any natural person who enters a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
• Consumers generally have a statutory right of withdrawal of 14 days for contracts concluded at a distance pursuant to §§ 312g, 355 BGB.
• However, in accordance with § 356(4) BGB, the right of withdrawal expires if:
• the examination service is fully performed, and
• during the booking process, the consumer will be required to provide explicit consent prior to performance for Brightest to begin providing the examination service before expiry of the withdrawal period, and
• the consumer has acknowledged that they lose their right of withdrawal upon full performance of the contract.
• For examinations scheduled for a specific date, the consumer expressly agrees that Brightest may begin performance prior to the expiry of the withdrawal period and acknowledges that the right of withdrawal expires upon full performance of the examination service.If the consumer does not provide such consent, Brightest may postpone the examination date until after the expiry of the withdrawal period.
14. Data Protection
14.1. Personal data is processed in accordance with the EU General Data Protection Regulation (GDPR).
14.2. Detailed information regarding data processing is available in the separate Privacy Policy published on the Brightest website.
15. Website Use and System Availability
15.1. Brightest does not guarantee uninterrupted availability of its online services.
15.2. Temporary downtime due to maintenance, security updates, or technical disruptions does not entitle users to claims.
16. Governing Law and Jurisdiction
16.1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
16.2. The place of jurisdiction is Berlin, Germany, to the extent legally permissible.
16.3. The European Commission provides an Online Dispute Resolution platform:
Brightest is not obligated to participate in consumer arbitration proceedings.
17. Severability Clause
If any provision of these Terms and Conditions becomes invalid, the remaining provisions remain unaffected.
18. Governing Language and Modification Clause
18.1. In case of discrepancies between language versions, the English version shall prevail.
18.2. Brightest is not responsible for changes to certification schemes, eligibility requirements, certification validity periods, or recognition policies made by the respective certification body.
18.3. Brightest reserves the right to amend these Terms and Conditions for future contracts. The valid version at the time of booking shall apply.