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Search Log in Register Menu TERMS OF USE <p>
<b> Last modified October 12, 2020</b>
</p>
<p>
<strong>Welcome to Brainly! </strong>
</p>
<p>
Brainly operates a group of social learning networks for students and
educators.
Brainly inspires students to share and explore knowledge in a
collaborative community and engage in peer-to-peer educational assistance,
which is made available on www.brainly.com and any www.brainly.com
sub-domains (the “<strong>Website</strong>”) as well as the
Brainly.com mobile application (the “<strong>App</strong>”) (the
“<strong>Website</strong>” and the
“<strong>App</strong>” are collectively the “<strong>Brainly Services</strong>”).
</p>
<p>
We have two sets of terms and conditions: <strong>Part A</strong> sets out
the terms that apply to our users unless you are based in Europe and
<strong>Part B</strong> sets out the terms that apply to our users in
Europe.
</p>
<p>
It is important that you read and understand the terms that apply to you
when you use the Brainly Services before using the Brainly Services.
</p> PART A: TERMS AND CONDITIONS APPLICABLE TO USERS UNLESS YOU ARE BASED IN
EUROPE <p>
This part and the documents referred to within it set out the terms and
conditions that apply to your use of Brainly Services if you access Brainly
Services from within the United States or other countries except Europe
(collectively, the "<strong>Terms of Use</strong>").
</p>
<p>
The Terms of Use, together with all agreements and policies expressly
incorporated by reference (“<strong>Terms</strong>”) constitute
an agreement between you and Brainly spółka z ograniczoną
odpowiedzialnością, a Polish limited liability company with its registered
office at: Krowoderska 63B/6, 31-158 Kraków, Poland, entered in the
Entrepreneurs Register of the Polish National Court Register under the
number: 354511 (“<strong>Brainly</strong>”) that will govern
your access and use of:
</p>
<ul>
<li>the Brainly Services,</li>
<li>
if you purchase a subscription, the subscription services provided under
your Brainly subscription plan (“<strong>Brainly Subscription</strong>”),
</li>
<li>
all products, services, functionality, content, information, and other
materials made available on, through, or in connection with the Brainly
Services or your Brainly Subscription, including, but not limited to the
Mobile Software (defined below) and
</li>
<li>
all purchases through the Brainly Services or other transactions for the
sale of products or services formed through the Brainly Services or
resulting from visits made by you.
</li>
</ul>
<p>
For the purposes of these Terms, “<strong>you</strong>” means
the student who accesses or uses the Brainly Services or Brainly
Subscription as well as the parent or guardian who accesses or uses the
Brainly Services or Brainly Subscription with the student or pays for a
Brainly Subscription.
If you are a parent, guardian, or other person who
enables a student to access or use the Brainly Services or Brainly
Subscription or to purchase a Brainly Subscription, you agree to stand in
the shoes of such student for the purposes of making us whole in case of
claims, damages or indemnifications that we might properly assert against a
student, if not for his or her age.
</p>
<p>
THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS
ACTIONS.
IF YOU BECOME A BRAINLY SUBSCRIBER AND PAY BY CREDIT OR DEBIT CARD
(OR OTHER PAYMENT METHOD ASSOCIATED WITH AN AUTOMATICALLY RENEWING
SUBSCRIPTION), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR CERTAIN
PERIODS OF TIME IF YOU DO NOT CANCEL PRIOR TO THE END OF THE TERM.
SEE THE
SUBSCIPTION SERVICES.
AUTOMATIC RENEWAL.
CANCELLATION SECTIONS FOR MORE
INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.
</p>
Acceptance of These Terms
<p>
Before accessing the Brainly Services, please read the following terms and
conditions carefully as they form a binding legal agreement between you and
Brainly.
By clicking the “accept” or similar button or tick box
or accessing the Brainly Services or purchasing a Brainly Subscription, you
agree that you have read, understood, and agreed to these Terms and that you
understand any personal information you provide may be handled as provided
in our Privacy Policy.
If you do not agree to these Terms, you must not
access or use the Brainly Services or purchase a Brainly Subscription.
</p>
<p>
By accessing or using the Brainly Services or Brainly Subscription or
purchasing a Brainly Subscription, you represent and warrant that you are of
legal age in your jurisdiction and otherwise have the capacity to form a
binding legal agreement with Brainly.
These Terms give you specific legal
rights, and you may also have additional legal rights, which vary from
jurisdiction to jurisdiction.
Use of the Brainly Services and Brainly
Subscriptions is void where prohibited.
The disclaimers, exclusions, and
limitations of liability under these Terms will not apply to the extent
prohibited by applicable law.
</p>
Children Under the Age of 13
<p>
The Brainly Services and Brainly Subscriptions are not intended for children
under 13 years of age.
We do not knowingly collect or solicit personal
information from anyone under the age of 13 or knowingly allow such persons
to register.
If you believe that we might have any personal information from
or about a child under 13, please contact us at privacy@brainly.com.
</p>
Brainly for Parents
<p>
Parental accounts can be linked to a student account allowing parents or legal
guardians to see the student's activities within the Brainly Services.
The connection between the accounts is made after the parent or student
generated a unique link, which was accepted by the recipient.
One parent
account can only be linked to one student account.
</p>
<p>
It is prohibited to send invitations to link accounts to people who are
not parents or children respectively.
</p>
Your Use of the Brainly Services
<p>
Subject to your compliance with these Terms, Brainly grants you a limited,
personal, non-exclusive, revocable, non-assignable and non-transferable
right and license to use the Brainly Services and any products, services,
functionality, content, information, or other materials available on or
through the Brainly Services, subject to the limitations described in the
remainder of this section and elsewhere in these Terms.
</p>
<p>
You understand that certain functions of this Brainly Services may only be
available to Registered Users.
Registered Users have the right to use the
products, services and functionality provided by Brainly and the content and
information published on the Brainly Services only within their own needs,
for non-commercial purposes.
Should the products, services, functionality,
content or information be a subject to copyrights or any other intellectual
property rights, the Registered User may use it within the allowed use under
any applicable third-party licenses and subject to such copyrights and
related rights.
Except as otherwise provided in these Terms with regard to
Brainly Subscriptions, using the products, services, functionality, content
or information in accordance with these terms is free of charge.
</p>
<p>
In order to ask the community of users for assistance with your homework
(asking a “<strong>Question</strong>”) via the Website, you must
be a Registered User.
Registered Users must create User Credentials and be
validated as members of the Brainly Service.
You may ask Questions via the
App without being a Registered User.
Only Registered Users or Brainly (in
the case of “verified” Answers that Brainly provides or other
communications) may provide a response to a Question (an
“<strong>Answer</strong>”) or communicate with other Registered
Users.
The rights granted to you in the paragraph above and elsewhere in
these Terms are subject to the following limitations:
</p>
<p>
You agree to use the Brainly Services and any products, services,
functionality, content, information, or other materials available on,
through or in connection with the Brainly Services or your Brainly
Subscription, including, but not limited to, the Mobile Software, only for
lawful, personal, and informational purposes.
You agree that you will not
use any resource made available on the Brainly Services in any manner that
is malicious or that violates any applicable local, state, national, or
international law, or the intellectual property or proprietary rights of any
third party.
You agree not to copy, reproduce, distribute, display portions
of, or link to the Brainly Services or any products, services, information,
or other materials available on or through the Brainly Services or your
Brainly Subscription, including, but not limited to, the Mobile Software,
for commercial purposes without the prior express written consent of
Brainly.
</p>
<p>
You agree not to post on or transmit onto the Brainly Services or Mobile
Software any information that you know to be untrue, that is unlawful,
fraudulent, threatening, malicious, harassing, abusive, libelous,
defamatory, obscene, or otherwise objectionable or harmful, or that contains
or links to a virus, bug, worm, malware, Trojan horse, or other harmful or
disruptive element.
</p>
<p>
You agree not to use any automated tool, such as a web scraping tool, a bot
or web robot, or web automation, to mine the Brainly Services or any
products, services, information, or other materials available on, through or
in connection with the Brainly Services or your Brainly Subscription,
including, but not limited to, the Mobile Software, for information or to
fill out forms on the Brainly Services, that you will not circumvent any
technical measures implemented to prevent or limit such access, and that you
will comply with the restrictions in any robot exclusion header.
and
</p>
<p>
You will not circumvent or attempt to circumvent any security or access
control technology implemented on the Brainly Services or any products,
services, information, or other materials available on, through or in
connection with the Brainly Services or your Brainly Subscription,
including, but not limited to the Mobile Software, or any servers, network
or associated systems or physical premises operated by or for the benefit of
Brainly.
</p>
<p>
Brainly reserves the right to view, monitor, and record activity on the
Brainly Services without notice or permission.
We may monitor use to
optimize the Brainly Services, understand what is of interest to visitors,
and otherwise to enhance the operation of the Brainly Services, assure its
availability, and prevent misuse of the Brainly Services.
Any information
obtained by monitoring, reviewing, or recording activity on the Brainly
Services is subject to review by us or on our behalf as well as by law
enforcement organizations in connection with investigation or prosecution of
possible criminal activity on the Brainly Services.
Brainly will comply with
all court orders involving requests for such information.
</p>
Tutoring
<p>
Brainly may make available to Registered Users a service consisting of a live, online connection with an authorized tutor (<strong>“Brainly Tutor”</strong>) using text chat via the Brainly Services interface (collectively, <strong>“Tutoring Services”</strong>).
The Tutoring Services (and all content provided therewith) are deemed part of the Brainly Services hereunder.
</p>
<p>
The ability to connect with a Brainly Tutor shall be shown on a separate field or button, next to a given Question.
After the connection with a Brainly Tutor is established, you may post questions to the Brainly Tutor using the Tutoring Services text-based interface in order for the Brainly Tutor to assist you by providing Answers or solutions to your Questions.
</p>
<p>
YOU HEREBY ACKNOWLEDGE THAT THE TUTORING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY BE LIMITED TO PARTICULAR QUESTIONS OR BE SUBJECT TO OTHER CONSTRAINTS (SUCH AS AVAILABILITY OF BRAINLY TUTORS), IN OUR SOLE DISCRETION.
WHILE BRAINLY MAKES EFFORTS TO SELECT BRAINLY TUTORS WHO HAVE RELEVANT ACADEMIC BACKGROUND AND OTHER DIDACTIC QUALIFICATIONS, BRAINLY CANNOT GUARANTEE THAT ANY PROVIDED ANSWER IS TRUE, COMPLETE OR ACCURATE.
</p>
<p>
You are obligated to ensure that the questions asked are presented in a form that allows the Brainly Tutor to provide an accurate Answer.
The Brainly Tutor may not provide an Answer if such Brainly Tutor determines, in such Brainly Tutor’s sole discretion, that the Question or further questions are presented in a form which does not allow for an accurate Answer (e.g.
the Question is incomplete or ambiguous).
</p>
<p>
Moreover, you agree to exercise common sense and judgment while using the Tutoring Services and not to disclose to Brainly Tutors any information, including any personal information (yours and third parties), the disclosure of which is not required by the Tutoring Services or may be in conflict with these Terms.
</p>
<p>
You will not use the Tutoring Services in any manner that harasses a Brainly Tutor or could otherwise interfere with the use of the Tutoring Services.
You will respect the privacy of the Brainly Tutors and you will not make any unwelcome, rude or abusive communications or interact with a Brainly Tutor in any unlawful, disrespectful, offensive, harmful or detrimental manner, as determined by Brainly in its sole discretion.
While using the Tutoring Services you must not send to the Brainly Tutor any content which may be considered as illegal, unlawful, harmful, threatening, abusive, violent, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable.
The Brainly Tutor may terminate the session at any time if such Brainly Tutor determines, in such Brainly Tutor’s sole discretion, that the content presented by you or your behavior is in violation of the above mentioned rules.
</p>
<p>
If you ever believe that a Brainly Tutor has violated the law or is threatening or endangering you in any way, please contact us immediately at [●].
YOU UNDERSTAND THAT WHEN USING THE TUTORING SERVICES YOU WILL BE EXPOSED TO CONTENT FROM BRAINLY TUTORS WHO ARE NOT UNDER OUR DIRECT SUPERVISION OR CONTROL, AND THAT WE ARE NOT RESPONSIBLE FOR THE CONTENT OR COMMUNICATIONS PROVIDED BY THE BRAINLY TUTOR.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT THERETO.
YOU AGREE TO INDEMNIFY AND HOLD US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND/OR LICENSORS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE TUTORING SERVICES.
</p>
<p>
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose so, about the Tutoring Services or individual Brainly Tutors.
The form of such feedback mechanism shall be in our sole discretion.
By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
</p>
<p>
You acknowledge and agree that Brainly may record the course of the session with a Brainly Tutor, in accordance with applicable law.
This recording, as well as the Questions and other content included in your Tutoring Services communications, shall be deemed Your Content under these Terms of Use and may be used by Brainly in accordance with the terms and conditions of these Terms of Use, including without limitation in order to provide the Brainly Services.
You shall be allowed to access the recording of a session that you have participated in.
In addition, you Question and the provided Answer (not the recorded live session) will be available through the Brainly Services, in accordance with these Terms.
</p>
User Content
<p>
You are solely responsible for all text, images, audio, video, location
data, and all other forms of data or communication that you submit or
transmit to, through, or in connection with the Brainly Services, including
Questions or Answers (collectively, “<strong>Your Content</strong>”).
Once you submit Your Content on the Brainly Services it cannot
always be withdrawn.
You assume all risks associated with Your Content,
including anyone else’s reliance on its quality, accuracy, or
reliability, or any disclosure by you of information in Your Content that
makes you personally identifiable.
You represent that you own, or have the
necessary permissions to use and authorize the use of Your Content by others
who may access the Brainly Services.
You acknowledge that you may expose
yourself to personal liability by posting on the Brainly Services.
You take
sole responsibility for ensuring that Your Content does not contain any
material that is illegal, is false, intentionally misleading, or defamatory,
or violates any third-party right (such as copyright, trademark, patent,
trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right).
</p>
<p>
YOU ACKNOWLEDGE THAT THE BRAINLY SERVICES IS INTENDED TO PROVIDE HOMEWORK
ASSISTANCE TO STUDENTS AND EXPRESSLY AGREE TO COMPLY WITH THE COMMUNITY
GUIDELINES.
BRAINLY RESERVES THE RIGHT TO MODERATE THE BRAINLY SERVICES AND
TO REMOVE, SCREEN, OR EDIT YOUR CONTENT FROM THE BRAINLY SERVICES AT OUR
SOLE DISCRETION, AT ANY TIME, AND FOR ANY REASON OR FOR NO REASON, WITH NO
NOTICE TO YOU.
</p>
Brainly’s Right to Use Your Content
<p>
By posting Your Content on the Brainly Services you irrevocably grant
Brainly worldwide, non-exclusive, irrevocable, assignable and transferable
perpetual rights to use Your Content, including, for example, your name,
grade, school name or biographical information, for any purpose whatsoever,
including, for example, to create derivative works, use for advertising or
marketing, or repurpose in another medium.
</p>
Intellectual Property
<p>
The materials used and displayed on the Brainly Services, including but not
limited to text, software, photographs, graphics, illustrations, artwork,
video, music, and sound, and names, logos, trademarks and service marks, are
the property of Brainly or its affiliates or licensors and are protected by
copyright, trademark and other laws.
Any and all such content may be used
solely for your personal, non-commercial use.
You agree not to modify,
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or
circulate any such material without the written consent of Brainly.
</p>
<p>
The terms Brainly and brainly.com, and other Brainly trademarks and services
marks, as well as all associated logos, related names, product and service
names, designs, and slogans are trademarks of Brainly or its affiliates or
licensors.
You may not use such marks without the prior written consent of
Brainly.
All other names, logos, product and service names, designs, and
slogans on the Brainly Services are the trademarks of their respective
owners.
</p>
Digital Millennium Copyright Act
<p>
Since we respect content owner rights, it is Brainly’s policy to
respond to alleged infringement notices that comply with the Digital
Millennium Copyright Act of 1998 (“<strong>DMCA</strong>”).
</p>
<p>
If you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible via the Brainly
Services, please notify Brainly’s copyright agent by mail at, 161
Bowery, Fl.
2, New York, NY 10002, ATTN: DMCA Agent, with the following
information required by the DMCA:
</p>
<p>Your name, address, telephone number and email address;</p>
<p>
An identification of the copyrighted work that you believe to be infringed.
Please fully describe the work and, wherever possible, include a copy or the
location of an authorized version of the work.
</p>
<p>
A statement that you have a good faith belief that the complained-of use of
the materials is not authorized by the copyright owner, its agent, or the
law.
</p>
<p>
A statement that the information that you have supplied is accurate and
that, “under penalty of perjury,” you are the copyright owner or
are authorized to act on the copyright owner’s behalf.
and
</p>
<p>
A signature or the electronic equivalent from the copyright holder or
authorized representative.
</p>
<p>
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL
PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’
FEES.
</p>
<p>
Please note that this procedure is exclusively for notifying Brainly and its
affiliates that your copyrighted material has been infringed.
The preceding
requirements are intended to comply with Brainly’s rights and
obligations under the DMCA, including 17 U.S.C.
§512(c), but do not
constitute legal advice.
It may be advisable to contact an attorney
regarding your rights and obligations under the DMCA and other applicable
laws.
</p>
<p>
In accordance with the DMCA and other applicable laws, Brainly has adopted a
policy of terminating, in appropriate circumstances, Users who are deemed to
be repeat infringers.
Brainly may also at its sole discretion limit access
to the Brainly Services and/or your Brainly Subscription and/or terminate
the accounts of any Users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement.
</p>
Mobile Software
<p>
Brainly may make available software to access the products, services,
functionality, content, information and other materials made available on,
through or in connection with the Brainly Services and/or your Brainly
Subscriptions via a mobile device including, but not limited to, the App
software (“<strong>Mobile Software</strong>”).
To use the Mobile
Software you must have a mobile device that is compatible with the Mobile
Software.
Brainly does not represent or warrant that the Mobile Software
will be compatible with your mobile device.
You may use mobile data in
connection with the Mobile Software and may incur additional charges from
your wireless provider for these services.
You agree that you are solely
responsible for any such charges.
Subject to your compliance with these
Terms, Brainly hereby grants you a non-exclusive, non-transferable, freely
revocable license to use a compiled code copy of the Mobile Software for one
account on one Mobile Device owned or leased solely by you, for your
personal use.
</p>
<p>
You acknowledge that Brainly may from time to time issue upgraded versions
of the Mobile Software, and may automatically electronically upgrade the
version of the Mobile Software that you are using on your mobile device.
You
consent to such automatic upgrading on your mobile device, and agree that
these Terms will apply to all such upgrades.
Any third-party code that may
be incorporated in the Mobile Software is covered by the applicable open
source or third-party license EULA and/or Terms of Use, if any, authorizing
the use of such code.
The foregoing license grant is not a sale of the
Mobile Software or any copy thereof, and Brainly or its third-party
providers or suppliers retain all right, title, and interest in the Mobile
Software (and any copy thereof).
Any attempt by you to transfer any of the
rights, duties or obligations hereunder, except as expressly provided for in
these Terms, is void.
Brainly reserves all rights not expressly granted
under these Terms.
If the Mobile Software is being acquired on behalf of the
United States Government, then the following provision applies.
The Mobile
Software will be deemed to be “commercial computer software” and
“commercial computer software documentation,” respectively,
pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable.
Any
use, reproduction, release, performance, display or disclosure of the
Service and any accompanying documentation by the U.S.
Government will be
governed solely by these Terms and is prohibited except to the extent
expressly permitted by these Terms.
The Mobile Software is subject to United
States export laws and regulations.
Those laws and regulations provide that,
among other things, the Mobile Software generally may not be exported or
re-exported to certain countries or those persons or entities prohibited
from receiving exports from the United States.
In addition, the Mobile
Software may be subject to the import and export laws of other countries.
You agree to comply with all United States and foreign laws related to use
of the Mobile Software and the Brainly Services, including, but not limited
to, export and import regulations.
</p>
<p>
The following applies to any Mobile Software you acquire from the Apple App
Store (“<strong>Apple-Sourced Software</strong>”):
</p>
<p>
You acknowledge and agree that these Terms are solely between you and
Brainly, not Apple, Inc.
(“<strong>Apple</strong>”), and that
Apple has no responsibility for the Apple-Sourced Software or content
thereof.
Your use of the Apple-Sourced Software must comply with the App
Store Terms of Use.
You acknowledge that Apple has no obligation whatsoever
to furnish any maintenance and support services with respect to the
Apple-Sourced Software.
In the event of any failure of the Apple-Sourced
Software to conform to any applicable warranty, you may notify Apple, and
Apple will refund the purchase price for the Apple-Sourced Software to you.
to the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Apple-Sourced Software,
and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be solely
governed by these Terms and any law applicable to Brainly as provider of the
software.
You acknowledge that Apple is not responsible for addressing any
claims of you or any third party relating to the Apple-Sourced Software or
your possession and/or use of the Apple-Sourced Software, including, but not
limited to: (a) product liability claims.
(b) any claim that the
Apple-Sourced Software fails to conform to any applicable legal or
regulatory requirement.
and (c) claims arising under consumer protection or
similar legislation.
and all such claims are governed solely by these Terms
and any law applicable to Brainly as provider of the software.
You
acknowledge that, in the event of any third-party claim that the
Apple-Sourced Software or Your possession and use of that Apple-Sourced
Software infringes that third party’s intellectual property rights,
Brainly, not Apple, will be solely responsible for the investigation,
defense, settlement and discharge of any such intellectual property
infringement claim to the extent required by these Terms.
You and Brainly
acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of these Terms as relates to your license of the
Apple-Sourced Software, and that, upon your acceptance of these Terms, Apple
will have the right (and will be deemed to have accepted the right) to
enforce these Terms as relates to your license of the Apple-Sourced Software
against you as a third-party beneficiary thereof.
</p>
<p>
This paragraph applies where the Mobile Software has been acquired from any
app store or distribution platform other than the Apple App Store, including
the Google Play Store and the Windows Store (the “<strong>Distribution Platform</strong>”):
</p>
<p>
You acknowledge that: (a) the Terms are between you and Brainly, and not
with the provider of the Distribution Platform ("<strong>Store Provider</strong>").
(b) your use of the Mobile Software must comply with the Store
Provider’s then-current Distribution Platform Terms of Use.
(c) the
Store Provider is only a provider of the Distribution Platform where you
obtained the Mobile Software.
(d) Brainly, and not the Store Provider, is
solely responsible for the Mobile Software.
(e) the Store Provider has no
obligation or liability to you with respect to the Mobile Software or the
Terms.
and (f) you acknowledge and agree that the Store Provider is a
third-party beneficiary to the Terms as it relates to the Mobile Software.
</p>
Third-Party Content and Links
<p>
Some of the information or other materials available on or through the
Brainly Services may have been prepared by third-parties not affiliated with
Brainly, including other users.
Brainly makes no warranties with regard to
such information or other materials, nor does Brainly assume any
responsibility or liability for any decisions based upon such information.
</p>
<p>
The Brainly Services may include links to websites and services not provided
by Brainly.
Your interaction with these websites and services will be
subject to the terms (including privacy policies) established by such
websites or services.
Brainly is not responsible for, and does not endorse
or warrant in any way, any materials, information, goods, or services
available through or advertised on such websites or services, or the privacy
or other practices of such websites or services.
</p>
Security
<p>
Use of certain portions of the Brainly Services requires that you create and
maintain a username and password (collectively “User
Credentials”).
You will be asked to create unique User Credentials
that may only be used by you.
You understand and acknowledge that anyone
with knowledge of your User Credentials may gain access to any information,
including your Personal Information, you have stored in the
password-protected portion of the Brainly Services.
You agree to keep your
password secret, to notify us if your password is lost or compromised, and
to be solely responsible for the confidentiality and use of your User
Credentials.
</p>
<strong>Subscription Services.
Automatic Renewal.
Free Trials.
Cancellation</strong>
<p>
ALL BRAINLY SUBSCRIPTIONS WILL AUTOMATICALLY RENEW AT THE END OF THE TERM IF
YOU DO NOT CANCEL PRIOR TO THE END OF THE SUBSCRIPTION TERM.
Brainly offers
Registered Users the opportunity to purchase a Brainly Subscription, through
which users will receive unlimited access to all Verified Answers available
on the Brainly Services for the duration of the subscription term listed on
our Service at the time of purchase.
Registered Users who do not purchase a
Brainly Subscription will only be able to view a limited amount of Verified
Answers during a set time period.
Brainly subscriptions are available for
the price listed on our Service and will be billed to you in accordance with
the billing terms listed on the Service.
</p>
<p>
Each Brainly Subscription will automatically renew at the end of each
subscription term unless you cancel your Brainly Subscription at least 5
business days before the end of your subscription term by providing notice
to Brainly at subscriptions@brainly.com.
UNLESS OTHERWISE INDICATED IN ANY
APPLICABLE ADDITIONAL TERMS OR COMMUNICATIONS WE SEND TO YOUR REGISTERED
EMAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME SUBSCRIPTION FEE AS WHEN YOU
FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST
10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE SUBSCRIPTION FEE WILL
INCREASE.
YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC
RENEWALS AND YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING
CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS
APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER
AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW.
YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE
IF THE APPLICABLE TAX RATES CHANGE OR IF YOU ARE NOTIFIED THAT THERE WILL BE
AN INCREASE IN THE APPLICABLE SUBSCRIPTION FEES.
</p>
<p>
Brainly may offer a free trial of the Brainly Services.
The free trial
period lasts for the period specified during sign-up and is intended to
allow potential and existing users to try the Brainly Services.
Free trial
eligibility is determined by Brainly at its sole discretion and we may limit
eligibility or duration to prevent free trial abuse.
Pricing for Brainly
Services are subject to change.
We reserve the right to revoke the free
trial and put your account on hold in the event that we determine that you
are not eligible.
We may use information such as method of payment or an
account email address to determine eligibility for the free trial.
UPON THE
EXPIRATION OF THE FREE TRIAL PERIOD, YOU WILL BE AUTOMATICALLY CONVERTED
INTO AN AUTOMATICALLY RENEWING, PAID BRAINLY SUBSCRIPTION IN ACCORDANCE WITH
THE TERMS OF THIS SECTION UNLESS YOU OPT OUT AND/OR CANCEL VITING YOUR
BRAINLY ACCOUNT SETTINGS AND CLICKING ON CANCEL TRIAL/SUBSCRIPTION LINK OR
BY EMAILING BRAINLY AT
SUBSCRIPTIONS@BRAINLY.COM
PRIOR TO THE EXPIRATION OF YOUR FREE TRIAL.
</p>
<p>
If you choose to cancel, your cancellation will take effect at the end of
the subscription term in which you cancelled, and there are no refunds.
Except where Brainly, in its sole discretion, suspends, or terminates your
Brainly Subscription as provided below, you will have access to and use of
your Brainly Subscription up until the effective date of cancellation.
Notice of cancellation of your subscription may be given to Brainly by 5
business days before the end of your subscription term.
Cancellation of your
Brainly Subscription is your sole and exclusive remedy under these Terms and
against Brainly with respect to Brainly’s provision of the Brainly
Subscription.
</p>
<p>
You agree to pay Brainly the fees for your Brainly Subscription and
authorize Brainly (through its third-party payment processor) to (i) charge
these fees to the credit card or other payment method, and (ii)
automatically renew the charges for the duration of your Brainly
Subscription unless you cancel your Subscription as described above, which
you may do at any time.
If your credit card or other payment method is
invalid for any reason, charged back, or if we do not receive payment, we
reserve the right to cancel your Brainly Subscription immediately.
</p>
<p>
All descriptions of the Brainly Subscription, prices, and payment terms
posted on the Brainly Services are within our sole discretion and subject to
change at any time without notice.
Brainly may add new services for
additional fees and charges, amend fees and charges for existing services,
or withdraw its offering of the Brainly Subscription at any time, in its
sole discretion.
The price charged for a Brainly Subscription and payment
terms will be the price and payment terms in effect at the time the order is
placed and will be set out in your order confirmation e-mail.
Price
increases will only apply to orders placed after such changes.
Prices listed
through the Brainly Services are stated in U.S.
dollars, and do not include
taxes.
All such taxes will be added to your order total and will be itemized
on the purchase screen and in your order confirmation e-mail.
We are not
responsible for pricing, typographical or other errors in any offer by us
and we reserve the right to cancel any orders arising from such errors.
</p>
<p>
If a parental account is linked to a student account, the Brainly Subscription
paid by the parent or legal guardian can be shared with the student account.
It is not possible to share a Brainly Subscription paid by a student account
with a linked parental account.
The linked student account then gains the
functionality of the Brainly Subscription paid for by the parental account.
All rights and obligations arising from these Terms with respect to the Brainly
Subscription may only be exercised by the owner of the account from which
the Brainly Subscription was paid.
</p>
<p>
Brainly uses third-party payment processing services provided by Stripe
Payments Europe, Ltd.
and Zuora, Inc.
(https://www.zuora.com/) (collectively
“<strong>Payment Processors</strong>”), to process payments and
other monetary transactions made on and through the Brainly Services.
Payment must be received by either of the Payment Processors before our
acceptance of an order.
Payment Processors accept the payment methods listed
below, which may be amended by Payment Processors in their sole discretion.
Brainly does not view or store your full credit card or other payment method
information – instead, such information is provided directly to
Payment Processors for their processing of your payment.
For all purchases,
our Payment Processors will collect your payment method details and charge
your chosen payment method in connection with an order.
Please see:
</p>
<ul>
<li>
Stripe’s Services Agreement, available at
https://stripe.com/us/legal, and
Stripe’s Privacy Policy, available at
https://stripe.com/us/privacy,
as each may be amended by Stripe in accordance with the terms set forth
therein, for information on how Stripe collects and uses your personal
information, and
</li>
<li>
Zuora’s Master Subscription Agreement, available at
https://www.zuora.com/terms-conditions/ and Zuora’s Privacy Policy,
available at https://www.zuora.com/privacy-statement/, as each may be
amended by Zuora in accordance with the terms set forth therein, for
information on how Zuora collects and uses your personal information.
</li>
</ul>
<p>
You agree to Striper’s Services Agreement and Zuora’s Master
Subscription Agreement.
You acknowledge and agree that Brainly is not
responsible for any breaches of credit card or other payment method security
or privacy.
</p>
<p>You represent and warrant that:</p>
<ul>
<li>
the account, order, and payment method information you supply to us or our
Payment Processor, as applicable, is true, correct and complete,
</li>
<li>
you are duly authorized to use such payment method for the purchase,
</li>
<li>
you will pay any charges that you incur in connection with the service
under your Brainly Subscription, including any applicable taxes,
</li>
<li>
charges incurred by you will be honored by your payment method company,
</li>
<li>
you will pay all charges incurred by you at the posted prices, including
all applicable taxes, if any,
</li>
<li>
you will not allow anyone else to use your Brainly Subscription,
</li>
<li>
you will not transfer your Brainly Subscription or password to anyone
else, and
</li>
<li>
you will report to us any unauthorized or prohibited access or use of your
Brainly Subscription.
</li>
</ul>
<p>
If any of your account, order, or payment method information changes, you
agree to promptly update this information, so that we or our Payment
Processor may complete your transactions and contact you as needed.
We are
not liable for any unauthorized use of your credit card, debit card, or
other payment method by a third party in connection with your use of the
Brainly Services or your Brainly Subscription.
</p>
<p>
Payment Methods: Credit cards and debit cards accepted: Visa, Mastercard,
American Express, and Discover.
</p>
<p>
Other forms of payment: Credit card gift cards from Visa, MasterCard and
American Express
</p>
<p>
We do not accept: CODs or cash on delivery, Layaway Plan, Personal Checks or
Money Orders.
</p>
Termination
<p>
Brainly reserves the right, in its sole discretion, to immediately modify,
suspend or terminate your account, the Brainly Services, your Brainly
Subscription, and/or any products, services, functionality, information,
content or other materials available on, through or in connection with the
Brainly Services and/or your Brainly Subscription, including, but not
limited to, the Mobile Software, and/or your access to some or all of them
without cause and without notice.
In the event that Brainly suspends or
terminates your account, the Brainly Services or your Brainly Subscription,
you acknowledge and agree that you shall receive no refund or exchange for
any unused time on a Brainly Subscription or any subscription fees or
anything else.
</p>
Disclaimer of Warranties
<p>YOU UNDERSTAND AND EXPRESSLY AGREE THAT:</p>
<p>
YOUR USE OF THE BRAINLY SERVICES AND/OR ANY PRODUCTS, SERVICES,
FUNCTIONALITY, CONTENT, INFORMATION, OR OTHER MATERIALS AVAILABLE ON,
THROUGH OR IN CONNECTION WITH THE BRAINLY SERVICES OR YOUR BRAINLY
SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE MOBILE SOFTWARE, IS AT YOUR
OWN RISK.
THE BRAINLY SERVICES AND ANY PRODUCTS, SERVICES, FUNCTIONALITY,
INFORMATION, CONTENT OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE BRAINLY
SERVICES AND YOUR BRAINLY SUBSCRIPTION ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS.
BRAINLY DISCLAIMS ALL
WARRANTIES, REPRESENTATIONS, AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET
OUT IN THESE TERMS AND, WITHOUT LIMITATION, DISCLAIMS ANY AND ALL
WARRANTIES, REPRESENTATIONS, OR CONDITIONS IMPLIED BY LAW, CONVENTION,
COURSE OF DEALING OR OTHERWISE (INCLUDING ANY WARRANTY OF MERCHANTABILITY)
TO THE FULLEST EXTENT PERMITTED BY LAW.
BRAINLY MAKES NO WARRANTY THAT THE
BRAINLY SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, INFORMATION,
CONTENT OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE
BRAINLY SERVICES OR YOUR BRAINLY SUBSCRIPTION, INCLUDING, BUT NOT LIMITED
TO, THE MOBILE SOFTWARE, WILL MEET YOUR REQUIREMENTS, OR THAT THE BRAINLY
SERVICES OR BRAINLY SUBSCRIPTIONS WILL OPERATE UNINTERRUPTED OR IN A TIMELY,
SECURE, OR ERROR-FREE MANNER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION OR CONTENT ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH THE
BRAINLY SERVICES OR BRAINLY SUBSCRIPTIONS, REGARDLESS OF WHETHER ANY
INFORMATION OR CONTENT IS MARKED AS “VERIFIED”.
</p>
Limitation of Liability
<p>
BRAINLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE
USE OR THE INABILITY TO USE, OR THE CONTENT INCLUDED IN, THE BRAINLY
SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT, INFORMATION,
OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE BRAINLY
SERVICES OR YOUR BRAINLY SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, THE
MOBILE SOFTWARE.
(B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA.
(C) BRAINLY’S PROVISION OF OR YOUR USE OF THE
BRAINLY SERVICES AND/OR ANY PRODUCTS, SERVICES, FUNCTIONALITY, CONTENT,
INFORMATION, OR OTHER MATERIALS AVAILABLE ON, THROUGH OR IN CONNECTION WITH
THE BRAINLY SERVICES OR YOUR BRAINLY SUBSCRIPTION, INCLUDING, BUT NOT
LIMITED TO, THE MOBILE SOFTWARE.
OR (C) ANY BREACH OF OR ACT OR OMISSION
UNDER THESE TERMS, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR
OTHER INTANGIBLES, EVEN IF BRAINLY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
BRAINLY’S AGGREGATE DIRECT DAMAGES RESULTING FROM THE
FOREGOING (A) THROUGH (C) SHALL BE LIMITED TO THE GREATER OF $100 OR THE
AMOUNT PAID BY YOU FOR YOUR BRAINLY SUBSCRIPTION, IF ANY, IN THE SIX
MONTH-PERIOD PRECEDING THE CLAIM.
</p>
<p>
Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such
states or jurisdictions the above limitations and exclusions may not apply
to you.
In such states or jurisdictions, Brainly’s liability is
limited to the extent permitted by law, thereby minimizing Brainly’s
liability to you to the lowest amount permitted by applicable law.
</p>
Indemnification
<p>
You agree to indemnify and hold each of Brainly, its subsidiaries,
affiliates, officers, directors, employees and independent contractors, and
any third parties providing content or services included in the Brainly
Services or your Brainly Subscription, harmless from any claim or demand
(including, but not limited to, reasonable legal fees) made by any third
party due to or arising out of your use of the Brainly Services or your
Brainly Subscription.
</p>
Assignment
<p>
Brainly expressly reserves the right to assign and transfer these Terms, and
its rights and obligations under these Terms, in part or as a whole, without
restriction, including, but not limited to, to another legal entity as part
of any sale or merger of all or part of Brainly with a separate legal
entity.
You may not transfer these Terms, or your rights or obligations
under these Terms, to any person or entity.
</p>
Applicable Law
<p>
These Terms will be governed by and construed in accordance with the laws of
the State of New York, excluding provisions of that would result in choice
of the law of another jurisdiction to govern these Terms.
</p>
Arbitration
<p>
YOU AND BRAINLY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY
AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE
TERMS SHALL BE FINAL AND BINDING ARBITRATION.
</p>
<p>
Either Brainly or you may demand that any dispute between Brainly and you
about or involving your use of the Brainly Services or your Brainly
Subscription must be settled by arbitration utilizing the Commercial
Arbitration Rules of the American Arbitration Association (AAA) in New York,
New York, USA, provided that the foregoing shall not prevent Brainly from
seeking injunctive relief in a court of competent jurisdiction.
Judgment on
the award may be entered in any court of competent jurisdiction.
TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER
THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY
ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE
BRAINLY SERVICES OR A BRAINLY SUBSCRIPTION, AND NO CLASS ARBITRATION
PROCEEDINGS SHALL BE PERMITTED.
</p>
Waiver and Severability
<p>
No waiver by Brainly of any term or condition set forth in these Terms will
be deemed a further or continuing waiver of such term or condition or a
waiver of any other term or condition, and any failure of Brainly to assert
a right or provision under these Terms will not constitute a waiver of such
right or provision.
</p>
<p>
If any provision of these Terms is held by a court or other tribunal of
competent jurisdiction to be invalid, illegal, or unenforceable for any
reason, such provision will be eliminated or limited to the minimum extent
such that the remaining provisions of the Terms will continue in full force
and effect.
</p>
<p>
These Terms are the complete and exclusive statement of the agreement
between you and Brainly concerning the Brainly Services and/or any products,
services, information, or other materials available on, through or in
connection with the Brainly Services or your Brainly Subscription,
including, but not limited to, the Mobile Software.
These Terms replace and
supersede any prior or contemporaneous oral or written agreement and any
other communications between you and Brainly.
</p>
Contact Us <p>
If you have questions about these Terms, you may contact us by email at
privacy@brainly.com.
Please note that communications made to
privacy@brainly.com will not constitute legal notice to Brainly, its
officers, employees, agents, or representatives.
You may also contact us via
mail at: Brainly sp.
z o.o., ul.
Krowoderska 63B/6, 31-158 Kraków,
Poland.
</p>
Changes to These Terms
<p>
Brainly regularly reviews these Terms and may revise or update them at our
sole discretion.
Changes to these Terms become effective immediately upon
their posting on the Brainly Services and your continued use of the Brainly
Services following the posting of revised Terms represents that you have
read, understood, and agreed to the changes.
The most recent version of
these Terms will be maintained on the Brainly Services.
</p> PART B - TERMS AND CONDITIONS APPLICABLE TO USERS IN EUROPE <p>
This part and the documents referred to within it set out the terms and
conditions that apply to your use of Brainly Services if you access Brainly
Services in Europe (collectively, the "<strong>Terms of Use</strong>").
</p>
<p>
Brainly Services is operated by Brainly spółka z ograniczoną
odpowiedzialnością ("<strong>Brainly</strong>", "<strong>we</strong>",
"<strong>our</strong>", "<strong>us</strong>") and includes the services
made available on www.brainly.com, any www.brainly.com sub-domains (the
“<strong>Website</strong>”) as well as Brainly.com's mobile
application (the “<strong>App</strong>”).
</p>
<p>
Brainly is a Polish limited liability company with its registered office at:
Krowoderska 63B/6, 31-158 Kraków, Poland, entered in the
Entrepreneurs Register of the Polish National Court Register under the
number: 354511.
</p>
<p>
By accessing and using Brainly Services, you agree to these Terms of Use.
If
you do not agree to these Terms of Use, please do not access or use Brainly
Services.
</p>
<ol>
<li>
<strong>Children Under the Age of 13</strong>
</li>
</ol>
<p>1.1 You must be 13 years or older to use Brainly Services.</p>
<ol>
<li>
<strong>Your Use of the Brainly Services </strong>
</li>
</ol>
<p>
2.1 Your right to use Brainly Services is personal to you.
This right is
given to you solely for this purpose.
It is also personal to you and you are
not allowed to give this right to any other person
</p>
<p>
2.2 There are certain features of the Service that are only available to
individuals who have registered for an Account (as defined in clause 2.3).
</p>
<p>
2.3 You can open two types of accounts: there is a free version or the
Brainly Plus account ("<strong>Account</strong>").
</p>
<p>
2.4 Free Account: This is where you can ask questions to the Brainly
community of users ("<strong>Registered Users</strong>") for assistance with
your homework (asking a "<strong>Question</strong>").
Only those who are
also Registered Users can provide a response to your Question or otherwise
communicate with you.
Brainly does not charge you when you are using a Free
Account.
</p>
<p>
2.5 Brainly Plus Account: This allows you to access all of the answers
posted on the Service including "<strong>Verified Answers</strong>".
Verified Answers are answers that have been checked for quality, detail and
accuracy by Brainly's highest level experts.
You will also have access to an
ad-free experience and your questions jump the line and get prioritized for
answering.
</p>
<p>
2.6 In addition to the other requirements within these Terms of Use, this
paragraph describes specific rules that apply to your use of the Service
(the "<strong>Rules of Acceptable Use</strong>").
</p>
<p>
2.6.1 You must only use Brainly Services for lawful and information
purposes.
</p>
<p>
2.6.2 You agree that you have no rights in or to any portion of Brainly
Services other than the right to use the Brainly Services in accordance with
these Terms of Use.
</p>
<p>2.6.3 You must not:</p>
<ol>
<li>
use Brainly Services other than for its intended purpose as set out in the
Terms of Use.
</li>
<li>copy any portion of Brainly Services;</li>
<li>
give or sell or otherwise make available any portion of Brainly Services
to anybody else.
</li>
<li>change Brainly Services in any way;</li>
<li>
interfere with any security related features of Brainly Services or
features that prevent or restrict use or copying of the content accessible
via Brainly Services.
</li>
<li>
give any information or permit another person to use Brainly Services
under your name or on your behalf.
</li>
<li>
fake your identity or give the impression they are linked to us or to
Brainly, if this is not the case.
</li>
<li>
use Brainly Services other than for its intended purpose as set out in the
Terms of Use.
</li>
<li>
use Brainly Services if we have suspended your access to it, or have
otherwise banned you from using it.
</li>
<li>
modify, interfere, intercept, disrupt or hack Brainly Services or collect
any data from Brainly Services other than in accordance with the Terms of
Use.
</li>
<li>
misuse Brainly Services by knowingly introducing viruses, Trojans, worms,
logic bombs or other material which would harm the Brainly Services or the
equipment of any user of Brainly Services.
or
</li>
<li>
use any automated system, including, but not limited to, "robots",
"spiders" or "offline readers" to access Brainly Services in a manner that
send more request messages to Brainly Services than a human can reasonably
produce in the same period of time.
</li>
</ol>
<p>
2.6.4 Failure to comply with the Rules of Acceptable Use constitutes a
serious breach of the Terms of Use, and may result in our taking all or any
of the following actions (with or without notice):
</p>
<ol>
<li>
immediate, temporary or permanent withdrawal of your right to use Brainly
Services.
</li>
<li>issuing of a warning to you;</li>
<li>
legal action against you including proceedings for reimbursement of all
costs (including, but not limited to, reasonable administrative and legal
costs) resulting from the breach.
</li>
<li>
disclosure of such information to law enforcement authorities as we
reasonably feel is necessary.
</li>
</ol>
<p>
2.6.5 The responses described in clause 2.6.4 are not limited, and we may
take any other action we reasonably deem appropriate.
</p>
<ol>
<li>
<strong>User Content</strong>
</li>
</ol>
<p>
3.1 You confirm that any images, text or information that you make available
or create ("<strong>User Content</strong>") while using the Service will
meet the Rules of Acceptable Use.
</p>
<p>
3.2 We do not claim ownership of your User Content, and ownership will
remain with you and any third party whose content you include in your User
Content.
Instead, you grant us a worldwide, non-exclusive, royalty-free and
perpetual licence to use, copy, reproduce, distribute, adapt, re-format,
modify, publish, translate, license, sub-license and otherwise make
available the User Content anywhere and in any form for the purposes of
providing the Service (including allowing users that you give access to any
User Content to view and use your User Content).
</p>
<p>
3.3 You must ensure that you are able to grant us the above licence for any
content owned by a third party that you include in your User Content.
</p>
<p>
3.4 Our right to use your User Content does not in any way affect your
privacy rights.
Please see our PrivacyPolicy (https://brainly.com/pages/privacy_policy) which provides information on how we use your personal information.
</p>
<p>
3.5 We have the right to monitor any User Content and to reject, refuse or
delete any User Content where we think that it breaks any of the Rules of
Acceptable Use.
</p>
<ol>
<li>
<strong>Intellectual Property </strong>
</li>
</ol>
<p>
4.1 Brainly is the owner of all intellectual property rights in Brainly
Services.
</p>
<ol>
<li>
<strong>Third-Party Content and Links</strong>
</li>
</ol>
<p>
5.1 The Service may, from time to time, contain links to and from third
party services.
If you follow a link to any of these services, please note
that these services have their own privacy policies and that we do not
accept any responsibility or liability for their policies.
Please check the
individual policies before you submit any information to those services.
</p>
<ol>
<li>
<strong>Security </strong>
</li>
</ol>
<p>
6.1 To open an Account, you must register with us and set up an account with
an ID and password.
We encourage you to use "strong" passwords (passwords
that use a combination of upper and lower case letters, numbers and symbols)
with your Account.
</p>
<p>
6.2 When you create an Account, you must provide us with accurate and
complete information.
</p>
<p>
6.3 You are responsible for maintaining the confidentiality of your login
details and on any activities that occur under your Account.
If you have any
concerns that your Account may have been misused, you should contact us at
contact@brainly.com straight away to let us know.
</p>
<ol>
<li>
<strong>Brainly Plus Account, Fees and Payment</strong>
</li>
</ol>
<p>
7.1 To enjoy full access to Verified Answers (defined above), ad free
experience and to get prioritised for answering, Registered Users will need
to sign up for a Brainly Plus Account.
If you do not purchase a Brainly Plus
Account, you will only be able to view a limited amount of Verified Answers
for a set period of time.
</p>
<p>
7.2 Your Brainly Plus Account will automatically renew at the end of a at
the end of the subscription period chosen by yourself during sign-up unless
you cancel it at least 10 business days before the end of the subscription
period.
</p>
<p>
7.3 <strong>Refunds:</strong> Generally, we cannot give back the fees you
pay to us.
</p>
<p>
7.4 <strong>Prices and price changes:</strong> Prices are listed on the
Service.
We may change our prices by giving you reasonable notice.
</p>
<p>
7.5 <strong>Payment methods:</strong> We can pay us by using a debit card or
a credit card (e.g., Visa, MasterCard and American Express).
You can change
your payment method by logging onto the Service and changing it in your
account settings.
</p>
<p>
7.6
<strong>Right to cancel within the 14 day membership period:</strong> During
the initial 14 day membership period, you have a right to cancel at any time
by e-mailing
subscriptions@brainly.com and
letting us know you would like to cancel.
We will reimburse you with all
payments that we have received from you.
</p>
<p>
7.7 <strong>Free trial</strong>: Brainly may offer a free trial of the
Service prior to being converted into a Brainly Plus Account.
The free trial
period lasts for the period specified during sign-up and is intended to
allow potential and existing users to try Brainly Plus Account prior to
entering into a paid membership.
Free trial eligibility is determined by
Brainly at its sole discretion and we may limit eligibility or duration to
prevent free trial abuse.
We reserve the right to revoke the free trial and
put your account on hold in the event that we determine that you are not
eligible.
We may use information such as method of payment or an account
email address to determine eligibility for the free trial.
UPON THE
EXPIRATION OF THE FREE TRIAL PERIOD, YOU WILL BE AUTOMATICALLY CONVERTED
INTO AN AUTOMATICALLY RENEWING, PAID BRAINLY PLUS ACCOUNT IN ACCORDANCE WITH
THE TERMS OF THIS SECTION UNLESS YOU OPT OUT AND/OR CANCEL USING THE
FEATURES AND FUNCTIONALITY OF YOUR BRAINLY ACCOUNT OR BY EMAILING BRAINLY AT
SUBSCRIPTIONS@BRAINLY.COM
PRIOR TO THE EXPIRATION OF YOUR FREE TRIAL.
</p>
<p>
7.8 Brainly uses third-party payment processing services provided by Stripe
Payments Europe, Ltd.
and Zuora, Inc.
(https://www.zuora.com/) (collectively
“<strong>Payment Processors</strong>”), to process payments and
other monetary transactions made on and through the Brainly Services.
Payment must be received by either of the Payment Processors before our
acceptance of an order.
Payment Processors accept the payment methods listed
below, which may be amended by Payment Processors in their sole discretion.
Brainly does not view or store your full credit card or other payment method
information – instead, such information is provided directly to
Payment Processors for their processing of your payment.
For all purchases,
our Payment Processors will collect your payment method details and charge
your chosen payment method in connection with an order.
Please see:
</p>
<ul>
<li>
Stripe’s Services Agreement, available at
https://stripe.com/us/legal, and
Stripe’s Privacy Policy, available at
https://stripe.com/us/privacy,
as each may be amended by Stripe in accordance with the terms set forth
therein, for information on how Stripe collects and uses your personal
information, and
</li>
<li>
Zuora’s Master Subscription Agreement, available at
https://www.zuora.com/terms-conditions/ and Zuora’s Privacy Policy,
available at https://www.zuora.com/privacy-statement/, as each may be
amended by Zuora in accordance with the terms set forth therein, for
information on how Zuora collects and uses your personal information.
</li>
</ul>
<ol>
<li>
<strong>Ending our relationship</strong>
</li>
</ol>
<p>
8.1 We may end your access or use of the Service for any reason as long as
we give you reasonable notice that we plan to do this.
</p>
<p>
8.2 If you would like to delete your Account, You can request for your
Brainly account to be deleted using the "I want to delete my account" button
located inside the Preferences tab on your profile settings page.
</p>
<ol>
<li>
<strong>Limitation of liability / our responsibility to you</strong>
</li>
</ol>
<p>
9.1 Unfortunately, due to the nature of the Internet and technology, Brainly
Services is provided on an "as available" and "as is" basis.
This means that
we are unable to promise that your use of Brainly Services will be
error-free.
</p>
<p>
9.2 For the Free Account, we will do our best to provide the Service to you
and to fix any problems but we are not responsible if something goes wrong.
For the Brainly Plus Account, our liability will be limited to the fees
paid.
</p>
<p>
9.3 In every case, we will never be responsible for any loss or damage that
is not reasonably foreseeable.
</p>
<p>
9.4 We care about the security of our users.
Whilst we work to protect the
security of your posts and Account, Brainly cannot promise that unauthorised
third parties won’t be able to defeat our security measures.
So,
please do keep your password secure.
</p>
<ol>
<li>
<strong>Apple App Store Provisions</strong>
</li>
</ol>
<p>
10.1 This paragraph 10 applies where the App has been acquired from the
Apple App Store.
You acknowledge and agree that the Terms of Use are solely
between you and Brainly, not Apple, Inc.
("<strong>Apple</strong>") and that
Apple has no responsibility for the App or content thereof.
Your use of the
App must comply with the App Store Terms of Use.
</p>
<p>
10.2 You acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App.
In the event of
any failure of the App to conform to any applicable warranty, you may notify
Apple, and (where applicable) Apple will refund the purchase price for the
App to you.
to the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to the App, and
any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be solely
governed by the Terms of Use and any law applicable to Brainly as provider
of the App.
</p>
<p>
10.3 You acknowledge that Apple is not responsible for addressing any claims
of you or any third party relating to the App or your possession and/or use
of the App, including, but not limited to: (i) product liability claims.
(ii) any claim that the App fails to conform to any applicable legal or
regulatory requirement.
and (iii) claims arising under consumer protection
or similar legislation.
and all such claims are governed solely by the Terms
of Use and any law applicable to Brainly as provider of the software.
</p>
<p>
10.4 You acknowledge that, in the event of any third party claim that the
App or your possession and use of that App infringes that third
party’s intellectual property rights, Brainly, not Apple, will be
solely responsible for the investigation, defence, settlement and discharge
of any such intellectual property infringement claim to the extent required
by the Terms of Use.
</p>
<p>
10.5 You represent and warrant that (i) you are not located in a country
that is subject to U.S.
Government embargo, or that has been designated by
the U.S.
Government as a "terrorist supporting" country.
and (ii) you are
not listed on any U.S.
Government list of prohibited or restricted parties.
</p>
<p>
10.6 You and Brainly acknowledge and agree that Apple, and Apple’s
subsidiaries, are third-party beneficiaries of the Terms of Use as relates
to your licence of the App, and that, upon your acceptance of the terms and
conditions of the Terms of Use, Apple will have the right (and will be
deemed to have accepted the right) to enforce the Terms of Use as relates to
your licence of the App against you as a third-party beneficiary thereof.
</p>
<ol>
<li>
<strong>Other App Marketplaces and Platforms</strong>
</li>
</ol>
<p>
11.1 This paragraph 11 applies where the App has been acquired from any app
store or distribution platform other than the Apple App Store, including the
Google Play Store and the Windows Store (the "<strong>Distribution Platform</strong>"):
</p>
<ol>
<li>
you acknowledge that the Terms of Use are between you and Brainly, and not
with the provider of the Distribution Platform ("<strong>Store Provider</strong>").
</li>
<li>
your use of the App must comply with the Store Provider’s
then-current Distribution Platform Terms of Use.
</li>
<li>
the Store Provider is only a provider of the Distribution Platform where
you obtained the App.
</li>
<li>
Brainly, and not the Store Provider, is solely responsible for its App.
</li>
<li>
the Store Provider has no obligation or liability to you with respect to
the App or the Terms of Use.
and
</li>
<li>
you acknowledge and agree that the Store Provider is a third-party
beneficiary to the Terms of Use as it relates to Brainly's App.
</li>
</ol>
<ol>
<li>
<strong>Resolving disputes</strong>
</li>
</ol>
<p>
12.1 If you have a disagreement with us, in the first instance please
contact us at
contact@brainly.com and attempt to
resolve the disagreement with us informally.
</p>
<p>
12.2 In the unlikely event that we have not been able to resolve a dispute
informally, we will get in contact with you to have a chat about the best
way of solving the disagreement.
</p>
<ol>
<li>
<strong>Changes to the documents</strong>
</li>
</ol>
<p>
13.1 We may revise these Terms of Use from time to time but the most current
version will always be at
https://brainly.com/pages/terms_of_use.
</p>
<p>
13.2 Changes will usually occur because of new features being added to the
Service, changes in the law or where we need to clarify our position on
something.
</p>
<p>
13.3 Normally, we will try to give you some warning before the new terms
become effective.
However, sometimes changes will need to be made
immediately and if this happens we will not give you any notice.
</p>
<ol>
<li>
<strong>Documents that apply to our relationship with you</strong>
</li>
</ol>
<p>
14.1 The current version of the Terms of Use contains the only terms and
conditions that apply to our relationship with you.
</p>
<p>
14.2 We intend to rely on these Terms of Use as setting out the written
terms of our agreement with you for the provision of the Service.
If part of
the Terms of Use cannot be enforced then the remainder of the Terms of Use
will still apply to our relationship.
</p>
<p>
14.3 If you do not comply with these Terms of Use and we do not take action
immediately, this does not mean we have given up any right we have and we
may still take action in the future.
</p>
<ol>
<li>
<strong>Terms that are judged to be illegal</strong>
</li>
</ol>
<p>
15.1 If any provision of these Terms of Use is judged to be illegal, this
will not affect the continuation in full force and effect of the remainder
of the provisions.
</p>
<ol>
<li>
<strong>Law</strong>
</li>
</ol>
<p>
16.1 English law will apply to all disputes and the interpretation of these
Terms of Use.
The English courts will have non-exclusive jurisdiction over
any dispute arising from or related to your use of the Service.
</p>
<ol>
<li>
<strong>Contact, feedback and complaints</strong>
</li>
</ol>
<p>
17.1 If you need to contact us in relation to these Terms of Use, you can
email us at contact@brainly.com.
</p>
<p>
17.2 We value hearing from our users, and are always interested in learning
about ways we can improve the Service.
By providing your feedback you agree
that you are giving up any rights you have in your feedback so that we may
use and allow others to use it without any restriction and without any
payment to you.
</p>
<ul>
<li>
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</li>
<li>
Contact us </li>
</ul>
<ul>
<li>
How do I receive points? </li>
</ul>
<ul>
<li>
About us|
</li>
<li>Cookie Preferences</li>
</ul>
<ul>
<li>
This website is using cookies under cookie policy.
You can specify conditions of storing and accessing cookies in your browser.
</li>
</ul>
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