TERMS OF USE

Last modified – 6th September, 2022

Welcome to Brainly!

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 “Website”) as well as the Brainly.com mobile application (the “App”, and together with the “Website”, “Brainly Services”).

TERMS AND CONDITIONS APPLICABLE TO ALL USERS

The following terms and conditions apply to your use of Brainly Services (collectively, these "Terms"), regardless of your location, unless otherwise stated in these Terms. If you are located in any of the jurisdictions to which jurisdiction-specific terms apply, those provisions following this Section will apply to your use of Brainly Services. In the case of any conflict between this Section and any other applicable Section, the provisions of the latter shall prevail.

These Terms, together with all agreements and policies expressly incorporated by reference, 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 (“Brainly”), which will govern:

  • your access to and use of the Brainly Services,
  • the subscription services provided under your Brainly subscription plan (“Brainly Subscription”), if you purchase a subscription,
  • 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
  • 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.

For the purposes of these Terms, “you” are 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. You must be at least 13 years old (or of the required minimum age by the laws of the country that you reside) and have obtained parental or guardian consent if further required by the laws of the country that you reside in order to use Brainly Services. 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.

THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM. 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 SUBSCRIPTION SERVICES; AUTOMATIC RENEWAL; CANCELLATION SECTIONS FOR MORE INFORMATION ON THE AUTOMATIC RENEWAL TERMS APPLICABLE TO SUBSCRIPTIONS.

Acceptance of These Terms

Before accessing the Brainly Services, please read these Terms 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 the terms of 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.

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.

Brainly for Parents

In certain jurisdictions, 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 generates a unique link, which is then accepted by the recipient. One parent account can only be linked to one student account.

You are prohibited from sending invitations to link accounts to someone who is not your child or your parent or legal guardian, as applicable.

Your Use of the Brainly Services

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.

To become a “Registered User”, you must create User Credentials (as defined below) and be validated as a member of the Brainly Service. You understand that certain functions of 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 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.

In order to ask the community of users for assistance with your homework (asking a “Question”) via the Website, you must be a Registered User. 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 “Answer”) 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:

  • 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 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;
  • 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 elements;
  • 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
  • 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.
  • You must not:
    • use Brainly Services other than for its intended purpose as set out in these Terms;
    • give any information or permit another person to use Brainly Services under your name or on your behalf;
    • fake your identity or give the impression they are linked to us or to Brainly, if this is not the case;
    • use Brainly Services if we have suspended your access to it, or have otherwise banned you from using it;
    • 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
    • use any automated system, including, but not limited to, "robots", "spiders" or "offline readers" to access Brainly Services via the sending of more request messages to Brainly Services than a human can reasonably produce in the same period of time.

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.

Tutoring

Brainly may make available to Registered Users a service consisting of a live, online connection with an authorized tutor (a “Brainly Tutor”) using text chat via the Brainly Services interface (“Tutoring Services”). The Tutoring Services (and all content provided therewith) are deemed part of the Brainly Services.

YOU HEREBY ACKNOWLEDGE THAT THE TUTORING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY BE LIMITED TO PARTICULAR QUESTIONS AND BE SUBJECT TO THE AVAILABILITY OF BRAINLY TUTORS AND OTHER CONSTRAINTS, 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.

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).

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 or a third party’s), the disclosure of which is not required by the Tutoring Services or may be in conflict with these Terms.

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.

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 [email protected]. 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 COULD BE 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 HARMLESS BRAINLY AND ITS AND ITS AFFILIATES’ OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR LICENSORS, TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE TUTORING SERVICES.

We may provide you with a mechanism to provide feedback, suggestions, and ideas 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.

You acknowledge and agree that Brainly may, but is not obligated to, record the course of any 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 (as defined below) under these Terms and may be used by Brainly in accordance with these Terms, including without limitation in order to provide the Brainly Services. You shall be allowed to access the recording of any session that you have participated in. In addition, your Question and the provided Answer (not the recorded live session) will be available through the Brainly Services, in accordance with these Terms.

User Content

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 and Answers (collectively, “Your Content”). Once you submit Your Content on the Brainly Services it cannot always be deleted. 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 Your Content, 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, false, intentionally misleading, or defamatory, or infringes 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).

Brainly respects content owner rights. If you believe that your intellectual property has been copied in a way that constitutes infringement and is accessible via the Brainly Services, please visit our Copyright Policy or send us a notification of claimed infringement at the address listed immediately below. Brainly has adopted a policy of terminating, in appropriate circumstances and in accordance with applicable laws, Registered Users who are deemed to be repeat copyright infringers. Brainly may also at its sole discretion limit access to Brainly Services and/or your Brainly Subscription and/or terminate the accounts of any Registered Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Contact information for notification of claimed infringement:

Brainly sp. z o.o.
Attn: Legal
1209 Orange Street,
Wilmington, Delaware 19801 USA.
Email: [email protected]
Phone: (628) 276-6994

YOU ACKNOWLEDGE THAT THE BRAINLY SERVICES ARE 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 OR NO REASON, WITH NO NOTICE TO YOU.

Brainly’s Right to Use Your Content

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.

Intellectual Property

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. In particular, Brainly has obtained requisite licenses or approvals from the respective authors or publishers of the textbooks being used and/or displayed as a part of the Brainly Services. 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.

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.

Mobile Software

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 (“Mobile Software”). 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.

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.

Third Party Content and Links

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.

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.

Security

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.

Subscription Services; Automatic Renewal; Free Trials; Cancellation

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 number 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.

If permitted by the laws of the country that you reside, each Brainly Subscription will automatically renew at the end of each subscription term unless you cancel your Brainly Subscription at least 5 business days (unless otherwise noted below) before the end of your subscription term by providing notice to Brainly at  [email protected]. 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.

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 our sole discretion and we may limit eligibility or duration to prevent free trial abuse. Pricing for Brainly Services is subject to change. We reserve the right to revoke the free trial and put your account on hold in the event we determine 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 YOUR BRAINLY ACCOUNT SETTINGS BY CLICKING ON CANCEL TRIAL/SUBSCRIPTION LINK OR BY EMAILING BRAINLY AT [email protected] PRIOR TO THE EXPIRATION OF YOUR FREE TRIAL

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 of amounts already paid. 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.

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 your chosen 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 chosen payment method is invalid for any reason (e.g. your credit card is charged back), or if we do not receive payment, we reserve the right to cancel your Brainly Subscription immediately.

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 email. Price increases will only apply to orders placed after such changes. Prices listed through the Brainly Services are stated in local currency and include any applicable taxes. All such taxes will be added to your order total and will be itemized on the purchase screen and in your order confirmation email. 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.

In certain jurisdictions, where a parental account can be linked to a student account and the accounts are indeed linked, 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.

Brainly uses third party payment processing service providers (each, a “Payment Processor”) to process payments and other monetary transactions made on and through the Brainly Services. Please see our Help Centre for the payment options we offer. By using a certain payment method, you agree to the relevant Payment Processor’s terms and conditions. Payment must be received by the relevant Payment Processor before our acceptance of an order. Each Payment Processor accepts certain payment methods, as may be amended by Payment Processors at any time and from time to time 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. You acknowledge and agree that Brainly is not responsible for any breaches of credit card or other payment method security or privacy.

    You represent and warrant that:
  • the account, order, and payment method information you supply to us or our Payment Processor, as applicable, is true, correct and complete,
  • you are duly authorized to use such payment method for the purchase,
  • you will pay any charges that you incur in connection with the service under your Brainly Subscription, including any applicable taxes,
  • charges incurred by you will be honoured by your payment method company,
  • you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any,
  • you will not allow anyone else to use your Brainly Subscription,
  • you will not transfer your Brainly Subscription or password to anyone else, and
  • you will report to us any unauthorized or prohibited access or use of your Brainly Subscription.

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 methods by a third party in connection with your use of the Brainly Services or your Brainly Subscription.

Termination

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.

Disclaimer of Warranties

YOU UNDERSTAND AND EXPRESSLY AGREE THAT:

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”.

Limitation of Liabilit

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 (D) 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 (D) 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.

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.

Indemnification

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.

Assignment

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.

Waiver and Severability

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.

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.

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.

Contact Us

If you have questions about these Terms, you may contact us by email at [email protected]. Please note that communications made to [email protected] 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.

Changes to These Terms

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.


SPECIFIC TERMS AND CONDITIONS APPLICABLE TO USERS IN:


A. UNITED STATES

Children Under the Age of 13

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 an account. If you believe that we might have any personal information from or about a child under 13, please contact us at [email protected]

Mobile Software

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.

Governing Law

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.

Arbitration

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.

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 proceedings 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.


B. BRAZIL

Minor Users

If the user is in the territory of the Federative Republic of Brazil and is under the age of 18 (“Minor”), the parent or legal guardian of such Minor must read and agree to these Terms on behalf of such Minor. In agreeing to these Terms, as well as to the Privacy Policy and Community Guidelines on behalf of the Minor, the parent or legal guardian represents and warrants that they are the parent and/or legal guardian of such Minor. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A MINOR, BY ALLOWING YOUR CHILD TO USE THE SERVICES, YOU ARE BOUND BY THE TERMS OF THIS TERMS AND ARE RESPONSIBLE FOR YOUR CHILD'S ACTIVITIES ON BRAINLY.

User Content

Regarding Brainly’s right to moderate Brainly Services, any removal, screen or edit to your content or your account from Brainly Services may be done by Brainly, at our sole discretion and based on the Community Guidelines, in case you violate these terms, the Community Guidelines or any applicable law, at any time, with no prior notice to you.

Subscription Services; Cancellation

If you purchase a Brainly Subscription you are entitled to cancel your subscription without any charges, and be refunded, within 7 (seven) days after the purchase. This section is not enforceable in case of renewal of your purchased subscription.

Indemnification

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 malicious or negligent use of the Brainly Services or Brainly Subscription, as well as due to or arising out of your usage of Brainly Services that is in violation of these Terms or Community Guidelines or the applicable law. You also agree to indemnify or reimburse Brainly of any amounts that Brainly may be required to incur as a result of your willful or negligent conduct.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the Federative Republic of Brazil, excluding provisions that would result in choice of the law of another jurisdiction to govern these Terms.

Dispute Resolution

No arbitration provision or procedure shall apply in Brazil and all disputes, controversies and claims arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof shall be referred to and finally resolved by the Brazilian judicial system. The Parties elect the jurisdiction of the judiciary district of the city of São Paulo, State of São Paulo, excluding any other courts however privileged they may be.

Contact Us

If you reside in the Federative Republic of Brazil and have questions about these Terms, you may contact us by email at [email protected]. Please note that communications made to [email protected] will not constitute legal notice to Brainly, its officers, employees, agents, or representatives. All communications, whether by e-mail or mail, shall be filed in English or Portuguese.


C. EUROPE

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.


D. INDIA

Country of Origin; Indian Reseller

As mentioned above, Brainly Services are offered to you by Brainly spółka z ograniczoną odpowiedzialnością, a Polish limited liability company with its registered office at Krowoderska 63B/6, 31-158 Kraków, Poland.

Brainly India Private Limited (“Brainly India”), an affiliate of Brainly, is an Indian company registered under the Companies Act, 2013 with its registered office at Floor No. 4, Concorde Block, 24, UB City, Vittal Mallya Road, Bangalore – 560001, Karnataka, India. Brainly India is the exclusive authorised reseller of Brainly Subscriptions in India. Accordingly, Brainly Subscriptions are being sold to Indian users by Brainly India.

Minor Users

The use of the Brainly Services is available only to those individuals who are legally capable of entering into legally binding contracts under applicable laws. Additionally, you cannot access or use the Brainly Services if you are barred from receiving the services under any applicable laws or have previously been barred from using the Brainly Services.

Important note to parents and legal guardians: If you have the ability to enter into a legally binding contract under applicable laws and agree to the Terms provided herein, you consent to the usage of the Brainly Services by a person less than 18 years of age (“Child User”). You represent and warrant that you are such Child User’s parent or legal guardian and you agree to be bound by these Terms on behalf of such Child User. You agree and acknowledge that the use of the Brainly Services by a Child User will be undertaken pursuant to your knowledge and supervision. In the event that a Child User uses Brainly Services, it is presumed that the Child User has obtained the consent of the legal guardian or parent and such use is made available by the legal guardian or parent. Brainly will not be responsible for any consequence that arises as a result of any misuse of Brainly Services by any person, including a Child User. By accessing and using Brainly Services and Brainly Subscription, you warrant that all the data provided by you is accurate and complete. If you are a Child User, you warrant that you have obtained the consent of your parent or legal guardian in using Brainly Services. Brainly reserves the right to terminate your subscription and/or refuse access to any Brainly Services if it is discovered that you are a Child User and your parent or legal guardian has not consented to your use of Brainly Services or if any information provided by you is inaccurate or false. You hereby acknowledge that Brainly may choose, but is not obligated and does not have the responsibility, to make any inquiries, either directly or through third parties, to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required qualification. If you are a Child User you should seek the consent of your parent or legal guardian before providing any information about yourself or your parents or other family members in relation to your use of Brainly Services or purchase of a Brainly Subscription.

User Content

Brainly may moderate the Services, including without limitation remove, screen, and/or edit any of Your Content or your account without notice to you at its sole discretion and as required by or due to your violation of the Community Guidelines or applicable law, at any time and without prior notice to you.

Subscription Services; Cancellation

If you purchase a Brainly Subscription and you believe that the Brainly Services provided to you were defective, deficient, not of the characteristics / features advertised or agreed to, or you are not happy with the Brainly Services offered for any other reason, you shall be entitled to write to us at [email protected] and cancel your subscription without any charges, during the initial 7 (seven) days of your membership period. In case such cancellation request is received by us during the initial 7 (seven) days of your membership period, we shall proceed to cancel your subscription and refund the entire subscription fees paid by you in compliance with the provisions of the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020.

Provisions relating to cancellation and refunds contained in this section shall be applicable only to the first time a Registered Users purchasing a Brainly Subscription plan for the first time and for a tenure of 3 (three) months or more. Users will not be able to seek a refund of their subscription fees pursuant to this section more than once. This section shall further not be applicable in case of renewal of your purchased subscription.

Indemnification

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 malicious or negligent use of the Brainly Services or Brainly Subscription, as well as due to or arising out of your usage of Brainly Services that is in violation of these Terms or Community Guidelines or the applicable law. You also agree to indemnify or reimburse Brainly of any amounts that Brainly may be required to incur as a result of your willful or negligent conduct.

Limitation of Liability

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 (D) 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 (D) SHALL BE LIMITED TO THE GREATER OF INR 1,000 (INDIAN RUPEES ONE THOUSAND ONLY) OR THE PRORATED AMOUNT PAID BY YOU FOR YOUR BRAINLY SUBSCRIPTION, IF ANY, IN THE SIX MONTH-PERIOD PRECEDING THE CLAIM.

Data Protection

Brainly is committed to protect the privacy of the users of Brainly Services, as well as to ensure that all Personal Data processing by Brainly is done in accordance with the provisions of the Information Technology Act, 2000 and the rules made thereunder (“Data Protection Laws”).

In the context of using Brainly Services, Brainly will collect and process certain personal data from you. By using Brainly Services, you acknowledge and accept the processing of your personal data by Brainly in accordance with applicable legislation and the stipulations of our Privacy Policy.

If the user is a Child User, Brainly may collect Personal Data from the Child User, including information that of the parent or legal guardian of such Child User that the Child User give us, such as name, age and month of birth. Brainly also collects information as the Minor uses Brainly Services, including usage history and information about the device.

Brainly has appointed a grievance officer (“Grievance Officer”) for redressal of grievances of Indian users in compliance with the provisions of the Information Technology Act, 2000 and the Consumer Protection Act, 2019. Contact details of the Grievance Officer (including name, designation, email and address) is provided in our Privacy Policy.

Governing Law; Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of India, with courts in Bengaluru, India having exclusive jurisdiction. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms against or relating to Brainly, Brainly India or any Indemnified Party shall be referred to and finally resolved by arbitration in India in accordance with the Arbitration and Conciliation Act, 1996. There will be one (1) arbitrator and the language of the arbitration shall be English. The seat of arbitration shall be Bengaluru, India.


E. INDONESIA

Minor Users

If the user is in the Territory of the Republic of Indonesia and is under the age of 21 ("Minor"), the parent or legal guardian of such Minor must read and agree to this policy on behalf of such Minor. The parent(s) or legal guardian of a Minor are encouraged to monitor the use of the Brainly Services by the Minor they represent. In agreeing to these Terms and the Privacy Policy on behalf of the Minor, the parent or legal guardian represents and warrants that they are the parent and/or legal guardian of such Minor.


F. POLAND

During the initial 14 day membership period, you have a right to cancel your Brainly Subscription at any time by notifying us at [email protected]. We will refund you with all payments that we have received from you.