Terms of Service

The following Terms of Service (“Terms”) are a binding contract between you and Empowered Technology (“Empowered Technology,” “us,” or “we”), which owns and operates BrightBook and associated services (“Services”).

PLEASE READ THE TERMS CAREFULLY.

BY USING OR ACCESSING EMPOWERED TECHNOLOGY’S SERVICES, YOU AGREE TO THE TERMS HEREIN OR THOSE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS OR USE THE SERVICES.

EMPOWERED TECHNOLOGY MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES REGARDING THE AVAILABILITY, FITNESS, LAWFULNESS, OR OTHER CHARACTERISTIC OF ANY ITEM ON ITS PLATFORMS.

EMPOWERED TECHNOLOGY DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY TRANSACTION ON ITS PLATFORMS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Welcome to the Services

1. Terms: These Terms govern your use of the Services. By using the Services, including but not limited to accessing or using Empowered Technology’s servers, websites, artificial intelligence models, or associated content, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Services.
2. Age restrictions: Empowered Technology’s Services are not targeted to or intended for use by anyone under age 18. If you are under 18, you may not use the Services. Empowered Technology reserves the right to terminate any account without notice if it believes the user is under 18.
3. Legal entities: If you use the Services on behalf of a legal entity, you represent and warrant that you have the authority to agree to the Terms on behalf of the entity, or that an individual with such authority has agreed to the Terms on behalf of the entity.
4. Modifications: Empowered Technology reserves the right, in its sole discretion, to modify these Terms at any time. Notice of changes may be provided via email, presented upon use of the Services, or in any other manner that Empowered Technology chooses.
5. Payment Processing: Empowered Technology does not process users’ payment information. Your use of our payment processor is separate from these Terms.
   Empowered Technology is not a party to your agreement with payment processors and will not be liable or responsible for any services provided by a payment provider. Empowered Technology disclaims any and all responsibility to facilitate payment transactions, except to provide an interface through which you can access the payment processing service. Empowered Technology disclaims any and all responsibility to provide refunds or returns in any manner.
6. User Content: Empowered Technology is committed to protecting the privacy rights of students. Accordingly, users may not submit as input anything that may count as personally identifiable information of any student. This includes, but is not limited to, direct identifiers such as names, ages, dates of birth, and addresses. This also includes any information which could be used to distinguish or trace an individual’s identity indirectly.
7. User Accounts: You may be required to sign up for an account and select a username and password. You promise to provide accurate, complete, and updated registration information about yourself. You may not select a username you do not have the right to use. You may not select another person’s name with the intent to impersonate that person. You may not buy or sell BrightBook accounts. You may not transfer your account to others or allow others to access the Services through your account. You may not create multiple accounts.
   You may be granted the ability to link your account to a third-party account. You may not link a third-party account that is not your own or that you do not have the right to use.
8. Acceptable Use: You may only use the Services for lawful activity. You must comply with all applicable local, state, and federal laws and regulations. You specifically agree to the following:
   1. You may not use the Services in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable or unlawful. You may not use the Services to upload, transmit, or promote any material that infringes or violates the intellectual property rights or any other rights of anyone else, including Empowered Technology.
   2. You agree not expose Empowered Technology, affiliated services, or users to any harm or liability.
   3. You may not use the Services to upload, transmit, or promote any junk mail, spam, or commercial offers except listings you manually create. Unsolicited communications are prohibited.
   4. You may not interfere with or damage the Services by techniques including but not limited to the use of viruses, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any other malicious methods or technology.
   5. You may not to use software or services that interact with the Services, except general purpose web browsers and email clients. Prohibited software or services include but are not limited to applications that download, upload, create, access, report, email, or search an account or listing. You may not display, distribute, license, make derivative works of, or sell content from any listing on the Services you did not manually create.
   6. You may not copy, rip, capture, or collect any content on the Services using robots, spiders, scripts, scrapers, crawlers, or any similar tool.
   7. You may not reverse engineer any portion of the Services, or otherwise attempt to obtain the underlying source code, algorithms, ideas, structure, or design used by the Services.
   8. You agree not to abuse the Services’ reporting processes.
   9. You agree not to input any information that may contain direct or indirect identifiers of any student. This includes, but is not limited to, any information that could reasonably be used to distinguish or trace an individual’s identity either directly or indirectly through linkages with other information.
9. Accuracy: Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in responses (“Output”) that does not accurately reflect real people, places, or facts.
   When you use our Services you understand and agree:
   1. Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
   2. Our Services may provide incomplete, incorrect, or offensive Output. If Output references any third-party products or services, it does not mean the third party endorses or is endorsed by or affiliated with Empowered Technology.
   3. You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
   4. You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

Representations, Limitations, & Warranties

11. TO THE FULLEST EXTENT PERMITTED BY LAW, EMPOWERED TECHNOLOGY MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES REGARDING THE AVAILABILITY, FITNESS FOR PURPOSE, LAWFULNESS, TITLE, NON-INFRINGEMENT, OR OTHER CHARACTERISTICS OF ANY ITEM LISTED ON THE SERVICES.
12. YOU ASSUME ALL RISK FROM USING THE SERVICES. EMPOWERED TECHNOLOGY HAS NO CONTROL OVER ITS USERS’ CONDUCT AND DISCLAIMS ALL LIABILITY FOR ALL CONTENT ON ITS PLATFORM, TRANSACTIONS, AND USER BEHAVIOR, WHETHER ONLINE OR IN PERSON.
13. EMPOWERED TECHNOLOGY PROVIDES THE SERVICES ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED IN ANY WAY TO THE SERVICE. WITHOUT LIMIT TO THE FOREGOING, EMPOWERED TECHNOLOGY DOES NOT REPRESENT OR WARRANT THAT THE EMPOWERED TECHNOLOGY SERVICE WILL BE AVAILABLE, ACCURATE, RELIABLE, ERROR-FREE, OR SECURE. EMPOWERED TECHNOLOGY DOES NOT GUARANTEE THAT ANY INFORMATION YOU OBTAIN, STORE, OR TRANSFER THROUGH THE SERVICE WILL BE OR REMAIN AVAILABLE, ACCURATE, OR UN-CORRUPTED.
14. EMPOWERED TECHNOLOGY IS NOT LIABLE—AND YOU AGREE TO HOLD EMPOWERED TECHNOLOGY HARMLESS—FOR ANY DAMAGES RELATING TO OR ARISING FROM ANY CONTENT ON THE SERVICES, USE OF OR INABILITY TO USE THE SERVICES, ACTIONS OR INACTIONS OF USERS OF THE SERVICES, OR OTHER DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES.
15. IN NO EVENT WILL EMPOWERED TECHNOLOGY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES EXCEED THE AMOUNT YOU PAID TO EMPOWERED TECHNOLOGY TO USE THE SERVICES.
    YOUR JURISDICTION MAY RESTRICT OR ALTER THESE DISCLAIMERS AND LIMITS.
16. Enforcement, no waiver: Empowered Technology’s failure to enforce any right or provision of the Terms will not constitute a waiver of future enforcement of that right or provision.
17. Arbitration: Any controversy or claim arising out of or relating to this contract, or the breach thereof, may be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Empowered Technology reserves the sole right to subject claims arising out of disputes relating to this contract to arbitration.
18. Jury trial waiver, class action waiver: BY ENTERING INTO THESE TERMS, YOU AGREE TO WAIVE YOUR RIGHT TO TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. Any adjudication under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.
19. Governing law: These Terms are governed by and will be construed under the laws of the Commonwealth of Massachusetts, excluding Massachusetts’ conflict of laws rules.
20. Venue: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Suffolk County, Massachusetts. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Suffolk County, Massachusetts.
21. Termination: Empowered Technology may immediately and without notice terminate or disable your access to the Services if it determines, in its sole discretion, that (a) you have materially breached the Terms; (b) you have violated applicable laws, regulations, or third party rights; or (c) such action is needed to protect the safety or property of Empowered Technology, other users, or third parties. Empowered Technology has the exclusive right to control the use of the Services, including but not limited to blocking, deleting, delaying, or filtering any content. Bypassing such controls is unauthorized use.
22. Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible. The other provisions of the Terms will remain in full force and effect.
23. Headings: Headings are for convenience only, and do not limit or construe the sections.
24. Entire agreement: These Terms constitute the entire agreement between you and Empowered Technology regarding your use of the Services, and supersede all prior written or oral agreements.