Terms of Service

1. The User refers to an adult individual who registers an account with Brighterly, gains access to the Content (as defined below) and represents a minor (referred to as the “Student”) as their parent, guardian, or legal representative. The User is the customer and responsible party for the purchase and usage of the Service and must have the legal capacity to enter into contracts under applicable law.
2. If a minor has access to the Content of the Service, then such a minor shall exercise such access and use of the Service under supervision and/or upon permission of their parent, guardian, or legal representative, subject to the Terms and Privacy Policy. A minor is not, and under no circumstances cannot be the User.
3. Furthermore, by registering on the Website and using the Service, You represent and warrant that: (1) all registration information You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (4) You will not use the Service for any illegal or unauthorized purpose; and (5) Your use of the Service will not violate any applicable law or regulation.
4. Using or sharing Your login information with another User or person is not permitted and is cause for immediate blocking of Your access to the Platform, the Services, and the Content. You are solely responsible for maintaining the confidentiality of Your login information and for all activities that occur under Your account. You agree to immediately notify the Service if You become aware of or have reason to believe that there is any unauthorized use of Your account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Service in any investigation of such unauthorized uses. The Service shall not under any circumstances be held liable for any claims related to the use or misuse of Your account due to the activities of any third party outside of Your control or due to Your failure to maintain the confidentiality and security of Your account.

1. Brighterly is a platform that allows tutors to create and/or make available the Content, which is accessible through the Service. Tutors (the “Tutors”) are independent third-party service providers engaged by Brighterly to offer their services through the Service.
2. Access to the Content shall be available to Students (i.e., Users and/or minors, whom Users represent, as defined in item 2 of the “Access to the Service” section above).
3. Brighterly maintains the right to initiate special incentive pricing, membership, and other programs, including trial periods, which may be provided at a reduced rate or on a free-of-charge basis. These may be limited, at our sole discretion, for instance, to a certain number of Users or elsehow. Any promotional funds or credits provided to the Users for use on the Service remain the property of the Service; they never become the property of the Users and never become refundable to the Users.

1. Our Service allows you to access the curriculum and teaching practices we offer for a fee, valid at the time of your access to the Website, and subject to change without prior notice (“Content”).
2. We may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the Content or any part thereof in such manner as we may deem fit, and such upgrade, update, change, modification, or improvement shall be considered to be applicable from the time it is posted. We also reserve the right to alter or remove any content from the Website without any notice and any liability.
3. All the intellectual property used on the Website (including the Content), made available by service providers or any third party shall remain the property of the Service, service provider, or any other third party, as the case may be. The Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, under copyright laws. The materials on the Website or otherwise shall not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

1. You are not allowed to share Your log-in credentials or any kind of the Content with third parties; use the Service for any commercial or other purposes that are not expressly permitted herein; use, copy, mirror, frame, display the Website or any Content therefrom without the prior written consent of Brighterly; violate any other policies of Brighterly; engage in any unlawful or disrespectful communication with other Users of the Service, if such communication is taking place on the Website, or any representatives of the Service; collect information on our Service using automated means or upload viruses or any other malware software.
2. We prohibit any kind of the Content that hosts, displays, uploads, modifies, transmits, updates, collects, stores, or shares any information that shall not be used without permission of any third party; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; infringes any patent, trademark, copyright, or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly false, offensive, or menacing in nature; and impersonates or defames Us or any other person.

1. In order to access the Service and the Content, the User may have to set-up an account with a third-party provider of the platform, where the classes may be held. This may require the User to disclose the information including, but not limited to, (i) name, e-mail and other contact information, (ii) gender and other demographics, (iii) birth date and year of the Student (a minor, who may benefit from the Content offered by the Service and who is represented by the User as their parent, guardian, or legal representative), who will be attending classes to validate their current age.
2. Upon purchasing one or more of the class packages, Users will receive an email with the link to create an account (if an account has not been set up earlier) and enroll themselves and/or the Student for classes. The User is responsible for creating an account within 24 hours of the payment completion. After the registration is completed, enrollment into the classes will take place through the Website. The Tutor will be selected according to the User’s preferred schedule and grade.If the registration is not completed within 24 hours, the Service cannot guarantee the availability of a particular Tutor provided by Brighterly and/or a free time slot for the next 24 hours.
3. The schedule of the classes and their frequency will be discussed and formalized within 24 hours after payment completion. The first class may take place not earlier than 36 hours after the payment completion unless otherwise agreed upon by the Service and the User. The maximum delay between the payment completion and the first paid class is one week.

1. The User may reschedule and/or cancel a class with a prior written notice no less than 6 (six) hours before the originally scheduled time of the class. Otherwise, the class cannot be rescheduled and will be deemed as passed.
2. A written notice should be sent to +17246078448 via SMS or emailed to parentcare@brighterly.com. The request will be reviewed within 12 hours and a response will be provided to the User via either SMS or email. The client can cancel or reschedule up to 1 (one) class for every 4 (four) classes scheduled. Note that the phone number +17246078448 can be used for SMS only and cannot be used for calls.
3. If the User and/or the Student is late for a class, the time of lateness shall be deducted from the 45-minute (forty-five minute) time allocated for the class without any refund. If the User and/or the Student has not joined the class within 15 minutes of the scheduled start time, the class may be canceled without any refund.
4. A missed class shall be treated as fully chargeable. No refunds, replacements, or any other returns shall be provided for a missed class without regard to the reason the User and/or the Student did not attend the class.
5. If the User and/or the Student does not attend the class due to technical issues, Brighterly will arrange for a compensatory class if the User submits a prior written notice at least 6 hours before the scheduled class. In case technical issues are experienced during or immediately before the class, Brighterly will arrange for a compensatory class if the reported issue is found true and validated by Brighterly.
6. If the class cannot be conducted due to technical issues on the Brighterly’s side, a compensatory class is scheduled free of charge for the User.
7. The Tutor may postpone or cancel a class (for a valid reason, including in case of an illness or other circumstances). In this case, Brighterly will notify the User via a call or an e-mail message at least 24 hours in advance of the class being postponed or canceled.
8. If the class has not commenced within 5 (five) minutes of the scheduled time due to the Tutor’s absence, the User is required to contact Brighterly promptly via SMS at +17246078448 or through email at parentcare@brighterly.com. A class that couldn’t be held due to the Tutor’s fault will be rescheduled to a time suitable for the User. In the event that the Tutor fails to appear for the class, the cost of the next class will be borne by Brighterly.

1. Classes begin at the scheduled time (which can be accessed by the User through the Website in the User’s profile). The User can access the class via the Website or the link provided in the notification email by clicking the “Enter class” button. In order to start the class, both the Tutor and the User/Student shall be present in the virtual classroom on the platform.
2. Generally, the presence of the Student is mandatory during the classes, however, the User, being their parent, guardian, or legal representative may also be present (and is recommended to do so at least for the first several classes) to help the Student to get familiar with the platform interface, as well as with the Tutor.

1. A new Tutor may be assigned to the User and/or the Student under various circumstances, such as unavailability during specific time slots, the User’s request for a change of Tutor, discontinuation of classes by a Tutor, Tutor work pause, etc. The Company will inform the User about the change of the Tutor via email or by phone.
2. Brighterly allows the User to initiate a Tutor change, but no more than once per month. Brighterly reviews the request for a Tutor change for 48 hours and reserves the right to deny the request if it does not have valid reasons. The User may request a Tutor replacement by sending the request to Brighterly via SMS at +17246078448 or via email at parentcare@brighterly.com, providing a valid reason for the replacement.
3. If a Tutor change occurs, Brighterly reserves the right to collaborate with the User in establishing a new schedule if the new Tutor’s availability cannot align with the User’s existing schedule.

1. The Company does not observe any holidays in the academic calendar, state holidays, or any other specific holidays, whether mandated by law or otherwise, except as outlined in the Payment & Refund section below.

1. At its sole discretion, Brighterly may, but under no circumstances is obliged to, offer the Users the opportunity to participate in the Referral Program. By participating in the Referral Program, all Users agree to abide by the terms of the Referral Program. Under the Referral Program:
   1.1 The term “Referrer” shall mean an existing User of the Service who introduces and recommends Brighterly to a potential new User (Referee). The Referrer may be eligible for the benefits of the present Referral Program based on the actions and/or purchases made by the Referee.
   1.2 The term “Referee” shall mean a new User on Brighterly who has been introduced to the Service by an existing User (“Referrer”). The Referee may be eligible for the benefits of the present Referral Program depending on their actions and/or purchases at the Service, as outlined in the Referral Program.
2. Under the Referral Program, the Referrer is eligible for a bonus awarded in the Service’s internal currency, equivalent to $100.00 (the “Referrer’s Bonus”). This internal currency is exclusively spendable at the Service.
3. The Referrer’s Bonus is awarded to the Referrer for each Referee brought by the Referrer and under the following conditions:
   3.1 Referrer’s Bonus shall be credited to the Referrer’s account at the Service only when the Referee purchases any class package at Brighterly.
4. The Referrer shall be able to accumulate bonuses awarded under the Referral Program. Accumulated bonuses can be utilized to partially or fully offset the cost of purchasing class packages at Brighterly.
5. Under the Referral Program, the Referee shall be eligible for a bonus awarded in the internal currency of the Service equivalent to $50.00 (the “Referee’s Bonus”). The internal currency is exclusively spendable at the Service.
6. The Referee’s Bonus is awarded to the Referee under the following conditions:
   6.1 Referee’s Bonus shall be credited to the Referee’s account at the Service upon the registration of the Referee at Brighterly.
7. Bonuses awarded to the Referrer and/or the Referee under the Referral Program are non-refundable under any circumstances.

General Payment Rules

1. All prices at the Service are displayed and all purchases are processed in U.S. Dollars. Your bank may convert Your local currency to U.S. Dollars automatically upon payment, as well as take the commission for such a conversion and/or other extra fee for the transaction, for which Brighterly bears no responsibility.
2. At the moment, the Service uses Stripe and SolidGate as payment processors. At the same time, it is possible that Brighterly might engage other/additional payment processors for Your convenience.
3. Brighterly offers no services without payment. At the same time, Brighterly maintains the right to initiate special incentive pricing, membership, and other programs, including trial classes and/or periods, which may be provided at a reduced rate or on a free-of-charge basis.
4. Users may gain access to the Service and a particular program upon purchasing one or more of the Class Packages. The Service may provide Users with several options for how the Class Packages can be purchased.

• Full payment in advance

The Service may provide Users with the possibility of purchasing one or more of the Class Packages with a full pre-payment by the User (i.e., purchasing a Class Package with a single transaction covering the whole price of the Class Package, which is paid in advance, before the User receives access to the Class Package) on the terms and based on the pricing conditions available to the User at the moment of the purchase.

• Utilizing the “buy now pay later” (BNLP) option

It may also be possible for the Users to select the BNPL option, which can be offered at the Service with the involvement of third-party providers. Generally, under the BNPL option Users gain access to a particular Classes Package without making a full upfront payment. Simultaneously, Users enter into a payment plan involving periodic partial payments with a third-party provider.

The BNLP eligibility is determined by a third-party provider and not the Service. Specific payment terms, including installment amounts, associated fees, and interest charges (if any), are also determined by the third-party provider. Users must carefully examine the conditions for the BNPL option offered by a third-party provider. Brighterly neither regulates such terms nor is affiliated with any of the third-party providers. Entering the BNPL arrangement is a direct relationship between the User and the third-party provider. Brighterly offers this option but does not actively participate in the process.

• Installment payments

The Service may offer Users the option to purchase Class Packages through installment payment plans directly provided by the Service. Under this option, the whole sum of the chosen Class Package is divided into several installments of equal value, which are paid by the User to the Service over a fixed period of time at the defined time intervals, with the first installment paid by the User at the moment of purchasing the Class Package. All subsequent installment payments are processed and charged from the User’s account automatically on specific pre-determined dates. No additional charges are imposed upon the Users by the Service for the use of the option with installment payments. Installment payments offered by the Service are not a subscription. After the last installment payment, no further charges to the User are made.

• Subscription with Auto-Renewal

You may also be offered an option of the subscription plan, which will automatically renew at the end of each subscription cycle. Auto-renewal means Your payment method will be charged automatically at the beginning of each new subscription period unless You cancel the subscription before the renewal date. This ensures uninterrupted access to the service without the need to manually renew each period. Before completing the transaction, all relevant details regarding the subscription, including the auto-renewal terms and pricing will be clearly displayed on the payment and checkout screens.

• Subscription plans may also include partial payments within a single, then-current subscription period. In such cases, the total subscription fee for that period may be divided into multiple payments. However, the full payment commitment applies for the entire subscription period, and cancelation cannot be made mid-term.

5. Brighterly at its full discretion may provide, modify, or terminate discounts, special offer purchases, and promotions to the Users.

6. In the event that Brighterly awards bonus classes to the User, they shall automatically utilize regular classes first, and only thereafter shall access any bonus classes awarded to them for free by Brighterly.

General Refund Rules

1. All and any refunds issued by the Service are done in accordance with the Terms.
2. If You violate the Terms in any manner, the Service shall have a right to decline Your refund requests.
3. Brighterly does not issue automatic refunds. A refund may be provided only upon a request from the User.

Refund and Cancellation Rules for Subscription with Auto-Renewal Options

1. Non-Cancellable Subscription within the Current Billing Period
   • Subscriptions are non-cancellable within the active (then-current) subscription or billing period.
   • Brighterly may offer an option where the payment for a single, then-current subscription period may be divided into multiple partial payments. Despite the partial payment structure, the full subscription commitment remains for the entire subscription period, and the subscription cannot be canceled mid-term.
   • This means that once a subscription period begins, it will remain active until the end of that billing cycle.
   • Users have the option to request the cancelation of auto-renewal for subsequent billing periods. If a user submits a request to cancel the auto-renewal, the subscription will continue uninterrupted through the remainder of the current billing period but will automatically end at the close of that period, with no further charges applied. 
2. Exceptional Circumstances
   • In certain exceptional cases, Brighterly offers a cancelation guarantee along with a refund for unused lessons guarantee. Please refer to the conditions outlined below for the specific circumstances under which this may apply.
   • To be eligible, you must notify Brighterly at least 48 hours before the next partial payment within the current subscription period.
   • As an exception, under the subscription with auto-renewal option, Brighterly may consider a refund for unused lessons if You request it within the first 10 days from the subscription start date.
3. Lesson Pausing Option
   • Users may request to pause their subscription if needed. Lessons and payments may be paused under the following conditions:
   – Each pause period may not exceed 3 (three) months.
   – A total pause period is limited to a maximum of 4 (four) months per calendar year.
   

Refund and Cancellation Rules for: 1) Full Payment in Advance; 2) BNLP; and 3) Installment Payments Options

1. As a general rule, Brighterly does not provide refunds for any payments made. Refunds may only be considered in specific, exceptional cases as outlined below, and are limited to lessons that have been paid for but remain unused.
2. For users who have selected BNPL or Installment Payments, the payment plan cannot be canceled within the active (then-current) payment period. This means that once a BNPL or installment payment period has started, the user is required to complete all scheduled payments for that period.
3. If the User purchases a class package with the BNPL option, the request to cancel further payments under the BNPL option (if the user is eligible for such a request under the present rules) shall be processed through or with the involvement of a third-party BNPL service provider.
4. If there are classes remaining unused in the User’s balance for a period of 90 (ninety) calendar days since the last class was held, such unused classes are deemed to have been used by You. Brighterly does not provide any refunds for such unused classes.
5. Exceptional Circumstances

1) Brighterly may consider cancelation and refund for unused lessons only under the following exceptional circumstances. Each request is carefully reviewed by Brighterly. Before a refund is considered, we will work with You to resolve any issues. Please note that refunds are not automatic.

• Dissatisfaction with Your Teacher
If You are not happy with the assigned teacher, please share your specific concerns with us. We will listen to your feedback and do our best to resolve it, assigning a different teacher to better meet your needs. If we have tried multiple solutions and You are still not satisfied, we will cancel your subscription and provide a refund for your unused lessons.
• Ongoing Service Issues
If You are experiencing recurring technical or service problems that affect your lessons, please document these issues and report them to us. We will work diligently to fix any problems. If the issues persist despite our efforts, we will cancel your subscription and provide a refund for your unused lessons.
• Lack of Progress or Decline in Academic Performance in Math
If, after at least three months or 24 lessons, You believe that You are not making the progress You had hoped for, please reach out to us. We will assess Your situation and may adjust Your learning plan, provide additional resources, or assign a different teacher to better support You. If the issues persist despite our efforts, we will cancel your subscription and provide a refund for your unused lessons.
• Family Emergencies
If a family emergency prevents You from continuing Your lessons, we will evaluate Your situation individually, we will try to find a mutual solution and will cancel your subscription, and provide a refund for Your unused lessons in relevant cases.

2) If Your situation falls under any of these exceptional circumstances, we will carefully review Your request based on the details You provide and the steps we have taken together to resolve the issue.

3) Refunds, if granted, will apply only to unused lessons. Please note that all decisions regarding refunds are made at Brighterly’s discretion and subject to this policy.
4) We are committed to your success and satisfaction. If you have any questions or need assistance, please don’t hesitate to contact us.

Missed Classes

1. If you need to skip a class, please inform us at least 6 (six) hours before the scheduled start time. In this case, the class will not be deducted from your balance.
2. If you notify us less than 6 hours before the class, it will be considered missed and cannot be rescheduled or refunded.
3. If you arrive more than 15 minutes late to a class, it will be marked as missed and is non-refundable.

Canceled Programs

1. Brighterly may cancel or terminate a particular program of classes available on the Website for any reason at its own discretion. In such a case, we provide the respective refund for the purchased Class Packages, which included the program of classes, which was canceled, excluding fees that are non-refundable in accordance with this Policy.

Amount of Refund

1. Upon the User’s request, Brighterly may consider providing a full or partial refund. The amount of the refund shall be determined based on the number of classes on the balance and other circumstances. Brighterly shall also take into account any proportional discounts and reductions in the cost of classes resulting from bonus programs and/or discounts, etc. which have been used by the User at the respective payment.
2. Please note that classes awarded to the User at no cost (e.g., through a bonus program of any kind) are non-refundable. Bonuses awarded to the Referrer and/or the Referee under the Referral Program are non-refundable under any circumstances (for detailed information, please refer to the Terms of Service).
3. Bonus lessons are not refundable, and in case the User requests a refund for all or any of the classes the bonus lessons of such a User are canceled.
4. Furthermore, in the event of applying a discount or participating in other programs designed to reduce the cost of acquired Class Package(-s), the discount amount is non-refundable; and the discount is calculated in such a way to apply to all classes within the Class Package equally.

Terms of Refund

1. If Brighterly decides to provide the User with a refund, the processing of the refund takes no less than 5 (five) business days. We provide a refund in the same way as Your original payment had been sent to us. We may request any additional information from You, as may be required, to process the refund.

1. In no event, including but not limited to negligence, shall the Service, or any of its directors, officers, employees, agents or content/service providers (collectively – the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the use of, or the inability to use the Service or the content, materials, and functions related thereto (including the Content), even if the Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Service; any unauthorized access to or alteration of Your transmissions or data; or any other matter relating to the Service.
2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms or the User’s use of the Service exceed, in the aggregate the amount paid by the User in the one (1) month period prior to the event giving rise to the potential liability.

1. You hereby agree to indemnify and hold harmless Brighterly, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Service in any fraudulent manner; Your enrolment or attending of any course or any loss, damage, injury, etc. arising thereto to any person or otherwise; violation of the Terms and/or other policies; infringement, or infringement by any other User of Your account with the Service; and infringement of any intellectual property or other rights of any person or entity. Brighterly will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide Brighterly with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THIS SERVICE AGREE THAT YOU AND THIS SERVICE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

1. This section of the Terms constitutes an Arbitration Agreement (the “Arbitration Agreement”), that shall govern any dispute between You and the Service (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between You and the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) You may assert claims in small claims court if Your claims qualify within the scope of Your jurisdiction; and (2) You or the Service may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
2. The relevant arbitrator shall have sole authority to determine the applicability of the Arbitration Agreement in each particular case. If a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
3. Most disputes can be resolved without resorting to arbitration. If You have any dispute with the Service, You agree that before taking any formal action, You will contact us, and provide a brief, written description of the dispute and Your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Service, and good faith negotiations will be a condition to either party initiating an arbitration.
4. If the parties do not reach an agreed-upon solution within a period of 60 (sixty) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms formation, performance, and breach), the parties’ relationship with each other, and/or Your use of the Services will be finally settled by binding arbitration before one arbitrator administered by:
5. the London Court of International Arbitration (“LCIA”) if You are not a U.S. resident. Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx; or
6. JAMS if You are a U.S. resident. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
7. In each case, the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.
8. If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.
9. To start an arbitration, You must follow the instructions available at:
   https://www.lcia.org/adr-services/lcia-notes-for-parties.aspx#5.%20COMMENCING%20AN%20LCIA%20ARBITRATION for LCIA; or https://www.jamsadr.com/submit/ for JAMS.
10. If You are a consumer and You initiate arbitration, the only fee required to be paid is $250 and the other part of the filing fee (if any) will be borne by the Service. If the arbitrator finds the arbitration initiated by You to be non-frivolous and/or not in bad faith, all other arbitration costs will be borne by the Service. If the Service initiates arbitration against You and You are a consumer, the Service will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
11. Should either party bring a dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees, and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.
12. The arbitrator must be neutral, and You will have a reasonable opportunity to participate in the process of choosing the arbitrator.
13. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by You or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if You are a consumer, You have a right to an in-person hearing in Your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.
14. If You are a consumer, remedies that would otherwise be available to You under applicable laws will remain available under this Arbitration Agreement, unless You retain the right to pursue such remedies in court as per this Agreement.
15. As part of the arbitration, both You and the Service will have the opportunity for discovery of non-privileged information that is relevant to the claim.
16. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
17. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex-parte communications are not permitted with any arbitrator.
18. The arbitrator shall apply:
19. if You are not a U.S. resident, the laws of England and Wales (also known as English Law), without regard to English Law’s conflict of laws rules; or
20. if You are a U.S. resident, Delaware law, consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
21. An arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
22. The arbitration award shall be final and binding on the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
23. THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR THE SERVICE AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION AGREEMENT, ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
24. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
25. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in court with jurisdiction or in other relevant state authority to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
26. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending an electronic notice of Your decision to opt out to our support with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) Your first date that You used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. Otherwise, You will be bound to arbitrate disputes following the terms of these paragraphs. If You opt out of this Arbitration Agreement, the Service also will not be bound by it.
27. In order to be effective, the opt-out notice must include Your full name and clearly indicate Your intent to opt out of binding arbitration. By opting out of binding arbitration, You are agreeing to resolve disputes in accordance with these Terms.
28. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis under this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 19.a “Governing Law and Venue,” and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim from seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
29. This Arbitration Agreement will survive any termination of Your use of the Service.

1. Our Service may contain links to third-party websites or services that are not owned or controlled by us.
2. The Service has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision (change) is material, the Service may, but is under no obligation to provide at least 30 (thirty) days notice before any new terms take effect. What constitutes a material revision (change) will be determined at Brighterly’s sole discretion.

Governing Law and Venue

1. Except as otherwise specified herein, these Terms shall be governed by and construed in accordance with the law of the State of Delaware, United StatesCyprus.
2. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction of the courts of the State of Delaware, United StatesCyprus to settle any disputes which may arise out of or in connection with this Terms and that accordingly the relevant proceedings must be brought in such courts.
3. The parties irrevocably submit to the personal jurisdiction and venue of the courts and waive any defenses of improper venue or forum non conveniens.

Entire Agreement (Terms). Severability

1. These Terms and all other provisions referenced herein contain the entire agreement between you and Brighterly regarding the use of the Website. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.

No Waiver of Breach or Default

1. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Force Majeure

1. Brighterly shall not be responsible for any failure to perform due to unforeseen circumstances or causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software, for so long as such event continues to delay Brighterly’s performance.

Absence of Certain Kind of Relationship

1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brighterly as a result of these Terms or use of the Website.

Use of Section Headers

1. The use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions.

1. The Terms take full force and effect when You access the Service and remain in effect while You use the Service, including the cases where the User registers an account with the Service – until such an account is terminated.
2. Brighterly may terminate or suspend access to the Service immediately, without any prior notice or liability, for any reason whatsoever, including but not limited to violation by the User of the Terms and/or misusing the Service in any manner. Should Users at the moment of termination/suspension of access to the Service have one or more remaining pre-paid lessons, the matter can be resolved based on the Payment & Refund Policy.
3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If You have any questions about these Terms, please contact us via email: info@brighterly.com