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 Braintrain 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:
Post copyrighted material to our app without written permission from the copyright holder.
Impersonate any person, including a Braintrain employee or agent using our app.
Violate any local, state, or national law through or on our app.
Harass people through or on this Website;
Collect or store data about other people using our app.
Use any device, software or routine to interfere or attempt to interfere with the proper working of our app.
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our app.
Use our app in any manner other than as expressly authorized in this Agreement.
Use any robot, spider, other automatic device, or manual process to monitor or copy any content in our app.
Reproduce, duplicate, copy, sell, or resell any portion of our app’s software code or content.

Children

The app is 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 app.

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 app.

The app contains 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 app.

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 [email protected]

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

Indemnity

You will indemnify and hold Braintrain, 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

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

Membership, fees

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

Modify the app or make it possible for you or someone else to access the app without using an interface that we provide (including through the use of spiders or robots, except to facilitate the creation of public search engines that catalog publicly accessible portions of the app);
Introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Damage, disable, overburden, impair, or gain unauthorized access to the app or our servers, computer network, or user accounts;
Collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us;
Falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information;
Use our servers, networks, or other facilities for any purpose not explicitly authorized by us, including for the transmission of messages not authorized by us, or to interfere with or cause damage to the app or any other service operated by us or any other party; or
Take any other action that we, in our exclusive discretion, believe may damage or injure you, us, or any third party.

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 Braintrain has facilities. By using the app, you consent to the transfer of information outside your country.

Copyright

Materials on Braintrain’s “Market”. Copyright on all premium study materials is owned by or licensed to Braintrain, and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Braintrain Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the app (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 Braintrain 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 Braintrain or its partners. Note that this assumes that your content does not violate the copyright protection of any other third-party publisher. Braintrain 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 Braintrain’s public marketplace, please contact us using the Contact option in our app and website, providing a link to the content in Braintrain and a description of the violation, and we will address it accordingly.

Trademarks

Braintrain, the Braintrain Logo, and any other trademarks in the app are trademarks owned by iSolufy LLC. 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.

Disclaimer of warranty; limitation of liability

You understand that the app 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 app, that the app 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 app, 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 app. 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 APP (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE APP OR CONTENT CREATED ON OR THROUGH THE SITE).

THE APP 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 Florida, 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 Florida. 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 Florida, 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 app (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 app.

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 the 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 replaced with a comparable provision that most closely reflects the parties’ intent.

We reserve the right to terminate the App 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 App.

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 app, 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 Braintrain in general or (ii) if you would only like to opt-out of certain of Braintrain’s e-newsletters or correspondence and if so which ones. You may also opt-out of Braintrain’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 based on the subscription plan you purchased, you are entitled to a refund. Please contact [email protected] to receive your refund payment.

Cancellation

If you wish to have your user account completely removed from Braintrain’s databases, you may contact us at [email protected].

Contact us

If you have any questions or comments regarding our privacy practices, you may contact us at [email protected]