Terms

Bold Learning Solutions (dba “Brainscape”) User Agreement

Last Updated May 19, 2018

These Terms govern your use of Brainscape, including our iOS applications, our Android application, and the Website located at www.brainscape.com (collectively, "the apps"), which are made available by Bold Learning Solutions, Inc. (“Brainscape” or “we” or “us”).

Your privacy is important to us. These “Terms” and this “User Agreement” (the “Agreement”) outline the type of information that is collected through the apps and how that information is used and protected. The “Agreement” is a legal contract that describes the conditions under which users (“you”) are permitted to use the apps.

By using the apps, you agree to be bound by this contract. If you do not accept the Agreement, please do not use the Product.

Changes To The Agreement

Brainscape may change this Agreement periodically, so please review it on occasion before using the apps. We will make the most recent version of the Agreement available on the Website along with the most recent date when it was modified.

By using the apps after we modify the Agreement, you accept the new version of the Agreement. If you do not agree to the changes, please do not continue to use the apps and/or please feel free to delete your account.

Privacy Policy

Information You Provide Us

When you register for a Brainscape account, we may collect some personal information, such as your learning goals, your location, your date of birth, your school or company name, your personal bio, and/or your degree concentration. This information is optional and is only used to help personalize the product experience and our communications with you. The only required information is your email address and, in some cases, your credit card information.

You may also be able to send information about our apps, products and services to your friends and family members by clicking on an “email to Friend” or similar button in our apps or in one of our emails. In some of these cases (unless you simply forward our email on your own), you may provide the name and email address of your friend or family member to us, and such information will be treated securely, in accordance with this Agreement and applicable law.

If you provide information on your address or location, we may similarly retain this information throughout your time as a registered user.

Finally, if you create educational content in Brainscape, this information is permanently stored on our servers. See "Data Retention" for information about removing educational content from our servers.

Information We Collect Automatically When You Use the Product

Each time you log into and/or use our product, we automatically collect information about your activity, which we use to continually customize our product, analyze technology performance, and refine our private communications with you. This information may include the following:

Information We May Collect From Third Parties

We may collect information about you from other sources, such as through certain features on the Platform you elect to use, but only where these third parties either have your consent or are otherwise legally permitted or required to disclose your information to us. Examples include:

Our Use of Your Information

We may use your information to analyze the performance of our product and to personalize your experience. These activities may include:

Sharing of Your Information

While we take your information privacy very seriously, some of the less sensitive data you provide us is public by default. This may include

In addition, we may use service providers in connection with operating and improving the Platform to assist with certain functions, such as payment processing, email transmission, conducting surveys or contests, data hosting, managing our ads, and some aspects of our technical and customer support. We take measures to ensure that these service providers access, process, and store information about you only for the purposes we authorize, subject to confidentiality obligations.

Data Retention

You may cancel your Brainscape account and/or paid subscription at any time. These options may be available in your Account Settings and can also be done by contacting us using the Contact option on our website or mobile apps.

Brainscape reserves the right to indefinitely preserve a record of your user-provided information and your product usage analytics, even after you have ceased using the product. We preserve this information for the following purposes:

When we have no ongoing legitimate business need to process your information, we will either delete or anonymize it.

While you reserve the right to delete or un-publish educational content that you have created, you recognize that complete content deletion is not possible if other users have already begun to study your content. If other users are already studying your content, then you may simply mark the content as private (and limited only to the users already studying it), and/or remove that content from your account and dissociate yourself from it.

At any time, you may enable or disable the connection between our Platform and any third-party accounts or social media platforms with which it has been associated. This option is available in your Account Settings

To protect your privacy, you can also feel free to use an anonymous name or pseudonym rather than your real first and last name. You can change profile information at any time using your Account settings.

If a user posts information about you on their public profile or in their educational content, you may contact the user to request its removal. If that is not possible, then you may contact us using the Contact option on our website or mobile app, and we will help you address the issue.

Marketing Lists

From time to time, we may obtain lists of people who may be interested in our products and services from third-parties. We may use these lists to send direct marketing promotions by email. If, after receiving such an email, you do not wish to receive future promotions via email, please follow the instructions in the Right to Opt In and Opt Out section below.

Third Party “Linked-To” Websites

When you are in our apps you may be able to visit or link to other sites not operated by us. We do not control such sites and we are not responsible for the information practices of these sites. This Agreement does not address the information practices of those other Websites, and we encourage you to read the posted privacy policies of such sites.

Legally Compelled Disclosures

We may disclose user information when compelled to do so by government authorities or otherwise as required or permitted by law, such as to respond to court orders and subpoenas. We also may disclose user information when we have reason to believe that someone is causing injury to or interfering with our rights or property, other customers or users of the Website, or anyone else that could be harmed by such activities.

Data Rights

We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us any time by using the Contact option available in our website and app

Rights that you may have, depending on the country in which you live, include:

Note that Brainscape is a controller of your information. Other members, such as class organizers and network administrators, may also act as controllers of your information. You should contact these members if you have any questions about how they use information that you have provided to them.

Cookie Policy

As described in our Privacy Policy, we and our service providers use cookies and other technologies to provide our Platform and to enhance your experience. This Cookie Policy sets out some further detail on how and why we use these technologies on our Platform, which includes any website, application, or service we offer. The terms "Brainscape," "we," "us," and "our" include Bold Learning Solutions, Inc. and our affiliates. By using our Platform, you consent to storage and access to cookies and other technologies on your device, in accordance with this Cookie Policy.

What are Cookies?

Cookies are small data files which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow us to recognize your device.

How We Use Cookies

Cookies serve a variety of functions, like enabling us to remember certain information you provide to us as you navigate between pages on the Platform. We use cookies for the following purposes:

Authentication: We use cookies to recognize you if you are logged in to our Platform. This lets us personalize your experience on or with the Platform in the ways described below. In addition, we may employ third-party services that may use cookies to help you sign into their services from our Platform.

Security: We use cookies to support or enable security features we have deployed, and to help us detect malicious activity and violations of our Terms of Service. These cookies help us prevent fraudulent use of login credentials.

Services, features, and preferences: We use cookies to provide functionality and help us deliver our products and services according to your preferences. For example, we use cookies to know which language you prefer, what your communications preferences are, to show you personalized views related to your interests and groups, and in order to help you fill out forms on the Platform.

Performance, Analytics and Research: We use cookies to help us analyze how the Platform is being accessed and used, and enable us to track performance of the Platform. This helps us to understand, improve, and research features and content on the Platform. We may also use other services, such as Google Analytics or other third-party cookies, to assist with analyzing performance on our Platform. As part of providing these services, these service providers may use cookies and the technologies described below to collect and store information about your device, such as time of visit, pages visited, time spent on each page of the Platform, links clicked and conversion information, IP address, browser, mobile network information, and type of operating system used.

Brainscape ads: We may partner with third party publishers, advertising networks and service providers to manage our ads on other sites. Our third party partners may set cookies on your device or use the technologies described below to gather information about your activities on the Platform and other sites and online services you use, in order to provide you with Brainscape ads that match member profiles or interests. For example, if you visit our Platform and also use a social media platform, you may see a Brainscape ad on those social media platforms.

Third party advertisers: We may work with advertisers, and advertising service providers to serve ads that may be relevant to you based on your inferred interests, location or other information collected about you, which may use a cookie or the technologies described below, placed by Brainscape or the third party (although we would not share any other information that identifies you with an advertiser) on our Platform, or on a third party website or online service. The placing of these technologies on your device may enable you to be identified across multiple websites and online services.

Duration of Cookies. Some cookies, known as "session cookies", will stay on your device only for as long as you are accessing our Platform. Others, known as "persistent cookies", are stored on your device for longer periods.

Other Technologies

Use of Other Technologies. We may allow others to provide analytics services and serve advertisements on our behalf. In addition to the uses of cookies described above, these entities may use other methods, such as the technologies described below, to collect information about your use of the Platform and other websites and online services.

Pixels tags. Pixel tags (which are also called clear GIFs, web beacons, or pixels), are small pieces of code that can be embedded on websites and emails. Pixels tags may be used to learn how you interact with our site pages and emails, and this information helps us and our partners provide you with a more tailored experience.

Device Identifiers. A device identifier is a unique label can be used to identify a mobile device. Device identifiers may be used to track, analyze and improve the performance of the Platform and ads delivered.

Local storage. Local storage is an industry-standard technology that enables the storage and retrieval of data on a computer, mobile phone or other device. Local storage may be used to store member preferences on devices.

Opting Out

Most devices and web browsers are set to accept cookies by default. If you prefer, you may be able to remove or reject cookies. You can learn more about how to block cookies by visiting allaboutcookies.org. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Platform.

Targeted Advertising

Third parties that use cookies and other tracking technologies to deliver targeted advertisements on third party websites may offer you a way to prevent such targeted advertisements by opting out at the websites of industry groups such as the Digital Advertising Alliance, or if located in the European Union, the European Interactive Digital Advertising Alliance. You may also be able to control advertising cookies provided by publishers, for example Google's Ad Preference Manager. Your device may also include a feature that allows you to opt out of having certain information collected through apps used for behavioral advertising purposes. Note that even if you choose to opt out of receiving targeted advertising, you may still receive advertising, although it should not be tailored to your interests or activities.

Revisions to this Policy

We may modify this Cookie Policy from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Cookie Policy, we will provide additional notice to you, such as by sending you an email, or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Cookie Policy.

Business Transfer

In the event that Brainscape or all or a portion of its business, or one or more of its divisions, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.

Prohibited Uses

You agree that you will not:

Children

The apps are intended for the use of adults 18 years or older and children over the age of 13. Children under the age of 13 may only access the Site under strict adult supervision. No adult over the age of 18 years may attempt to contact children under 13 through our apps.

Scope Of License

In exchange for your acceptance of this Agreement, you are authorized to use the Site, but only for personal and noncommercial purposes unless such purposes are expressly granted in an agreement beyond this Agreement with our apps.

The apps contain material that is protected by copyright, trademark, or other intellectual property rights, and the Website itself is protected as a collective work under the copyright laws of the United States and other countries. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit, any component of the apps.

You may link to the home page of the Website as long as the link does not cast us in a false or misleading light. Please let us know if you link to the Website by contacting us at info@brainscape.com

You may not frame the content of the Informational Site. You may not use metatags or any other “hidden text” that incorporates the Brainscape Trademarks or our name without our express written consent.

Indemnity

You will indemnify and hold Brainscape, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website, your violation of this Agreement, or your violation of any rights of a third party.

Modifications to Service

Brainscape reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Brainscape will not be liable to you or to any third party for any modification, suspension, or discontinuance of the apps.

Membership, Fees

Individuals may obtain a membership with the apps without paying a fee. Companies will be required to pay for a membership with the apps. In addition, Brainscape will charge fees to access certain components of the apps. If you must pay a fee to access a component of the Service, this information will be posted by Brainscape in our apps. You may use a credit card to pay these fees. When you provide credit card information to Brainscape, you represent to Brainscape that you are the authorized user of the credit card. Brainscape reserves the right to change its fees or billing methods.

Security

Our Commitment

We employ technical and organizational measures designed to appropriately protect your information that is under our control and that we process on your behalf from unauthorized access collection, use, disclosure, copying, modification or disposal, both during transmission and once we receive it. We store all information that you provide to us on secure servers. We train employees regarding our data privacy policies and procedures, and permit authorized employees to access information on a need to know basis, as required for their role. We use firewalls designed to protect against intruders and test for network vulnerabilities. However, no method of transmission over the internet or method of electronic storage is completely secure.

We may make content or services from other Websites available to you from links located in the apps. These other Websites are not subject to this Agreement. We recommend that you review the Privacy Policy at each such Website to determine how that site protects your privacy.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your email address, we may notify you by email. You consent to our use of email as a means of such notification. If you prefer for us to use another method to notify you in this situation, please email us.

Your Commitment

In exchange for your access to the Website, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Website or that could cause injury to yourself, to us, or to anyone else.

Without limitation, you agree not to attempt to:

Where you have a password, which enables you to use our services, you are responsible for keeping this password complex, secure, and confidential. If you would like to update or change your password, you may select the “Forgot your password?” link on the login page. You will be sent an email that allows you to reset your password.

Transfer of Data Outside of Your Home Country

Your information may be stored, processed and accessed in the United States or any other countries where Brainscape has facilities. By using the apps, you consent to the transfer of information outside your country.

Copyright

Materials on Brainscape's "Market". Copyright on all premium study materials is owned by or licensed to Brainscape and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Brainscape Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the apps (including computer programs or other code) ("App Materials"), except that you make a reasonable number of machine-readable copies of the App Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the App Materials.

The only exception to this restriction is for content that you have created yourself. If you author original content using the Brainscape platform, then you own full rights to this content, and you may "export" this content and use it in other media with no persecution from Brainscape or its partners. Note that this assumes that your content does not violate the copyright protection of any other third-party publisher. Brainscape is not responsible for any copyright violations that you make with your content, and we will immediately remove any violating materials that are brought to our attention by a third party.

If you find your copyrighted materials on Brainscape's public marketplace, please contact us using the Contact option in our apps, providing a link to the content in Brainscape and a description of the violation, and we will address it accordingly.

Trademarks

Brainscape, the Brainscape Logo, and any other trademarks in the apps are trademarks owned by Bold Learning Solutions, Inc. You may not use these trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

Affiliates and Sales Representatives

Brainscape may occasionally offer virtual or monetary incentives to active users who wish to invite others to register for the service. If you wish to participate in this "Brainscape Reps" program, it should be known that:

Failure to adhere to any of the rules in this section or in Brainscape’s general Terms of Agreement will result in suspension of your Brainscape Rep role, and forfeiting any accrued royalties you were otherwise owed.

Disclaimer Of Warranty; Limitation Of Liability

You understand that the apps is provided purely for your entertainment and education, and we do not guarantee that the information provided on the Site will be accurate or updated. We do not guarantee that we will continue to provide the apps, that the apps will be available at any particular time or from any particular place, or that they will continue to function in the manner that they currently function. You agree not to hold us liable for damages you claim are caused by third parties who contact you using the Site or become aware of your identity through the use of the apps, and you understand that, while such behavior is a violation of this Agreement, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of the apps. You agree that we are not liable for the infringing, defamatory, offensive, or illegal contact of third parties, including other users.

IN NO EVENT WILL WE, OUR PARENTS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE APPS (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE APPS OR CONTENT CREATED ON OR THROUGH THE SITE).

THE APPS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.

Governing Law; Integration; No Waiver; Severability; Termination

You agree that any dispute between you and us will be governed by the laws of the United States of America and the State of Delaware, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of Delaware. If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of Delaware, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.

You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services. You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.

This Agreement constitutes the entire agreement between you and us. They govern your use of the apps (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the apps.

Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.

If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.

We reserve the right to terminate the Apps and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

Limitation Of Scope

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Apps.

No provision of this Agreement may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

Right to Opt In and Opt Out

You have the right to “opt-in” and “opt-out” of certain of our uses of your Personal Information. For example, in the apps, you may be able to elect to or not to receive correspondence from us or to make your content private, and you may be able to click an “unsubscribe” link in the footer of every email. You can also email us using the Contact link in our product. In this email, please say whether: (i) you would like to opt-out of receiving all email promotional correspondence from Brainscape in general or (ii) if you would only like to opt-out of certain of Brainscape’s e-newsletters or correspondence and if so which ones. You may also opt-out of Brainscape’s promotional emails by clicking on an opt-out link within the email you receive.

Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

Refunds

If you believe you have received faulty content or have not received an adequate study experience, you are entitled to a refund. Please contact info@brainscape.com to receive your refund payment.

Cancellation

If you wish to have your user account completely removed from Brainscape's databases, you may contact us at info@brainscape.com.

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at info@brainscape.com