Terms of Service
Last Updated: January 15, 2025
Welcome to Braintrix Learning. These Terms of Service ("Terms") govern your access to and use of our educational support services, digital learning materials, online sessions, and advisory services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
Please read these Terms carefully before using our Services. If you do not agree with any part of these Terms, you may not access or use our Services.
1. Service Description and Non-Certification Notice
Braintrix Learning provides non-certified educational support services designed for professional skill development and knowledge enhancement. Our Services include:
- Development and delivery of skill-focused microlearning modules
- Structured knowledge guides and reference materials
- Guided online learning sessions (non-certified)
- Learning path design advisory and educational planning support
Important Notice: All services provided by Braintrix Learning are non-certified and are not accredited by any educational authority or professional licensing body. Our materials and sessions do not result in formal certifications, degrees, continuing education credits, or professional credentials of any kind.
Our Services are intended solely for educational support purposes and should not be relied upon as a substitute for certified training programs required for professional licensing, compliance obligations, or academic credit.
2. Eligibility and Account Requirements
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
You may be required to create an account to access certain Services. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your account credentials
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
3. Service Access and Delivery
3.1 Digital Access
All Services are delivered online through digital platforms. You are responsible for obtaining and maintaining all equipment and internet connectivity necessary to access the Services.
3.2 Learning Materials
Access to microlearning modules, guides, and reference materials is provided through our digital learning portal. Materials may be accessed for the duration specified in your service agreement or purchase confirmation.
3.3 Live Sessions
Guided learning sessions are conducted via online video conferencing platforms. Session schedules, group sizes, and participation requirements will be communicated in advance. Recordings may be provided for review purposes when applicable.
3.4 Advisory Services
Learning path design support and educational advisory services are provided in consultation format. Recommendations are advisory in nature and do not guarantee specific learning outcomes or professional results.
4. Intellectual Property Rights
4.1 Our Content
All content provided through our Services, including but not limited to text, graphics, logos, images, audio, video, software, learning modules, guides, frameworks, and methodologies (collectively, "Content"), is the property of Braintrix Learning or its licensors and is protected by copyright, trademark, and other intellectual property laws.
4.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Content solely for your personal educational purposes in accordance with these Terms. This license does not permit you to:
- Reproduce, distribute, modify, or create derivative works from our Content
- Use our Content for commercial purposes or financial gain
- Share your account access or Content with third parties
- Remove or alter any copyright, trademark, or proprietary notices
- Use automated systems to access or download Content
- Reverse engineer, decompile, or disassemble any software or systems
4.3 User-Generated Content
If you submit questions, feedback, suggestions, or other materials to us, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and distribute such materials for any purpose related to our Services.
5. Payment Terms and Pricing
5.1 Fees
Certain Services require payment of fees. All fees are stated in U.S. Dollars unless otherwise specified. You agree to pay all applicable fees as described at the time of purchase or service agreement.
5.2 Payment Processing
Payments are processed through third-party payment processors. You agree to provide accurate payment information and authorize us to charge the payment method you provide for all fees incurred.
5.3 Price Changes
We reserve the right to modify our pricing at any time. Price changes will not affect services already purchased or under active service agreement, but will apply to future purchases and renewals.
5.4 Taxes
Fees do not include applicable taxes unless otherwise stated. You are responsible for all sales, use, and other taxes associated with your purchase of Services.
6. Cancellation and Refund Policy
Our refund and cancellation policies are detailed in our separate Refund Policy document, which is incorporated into these Terms by reference. Please review the Refund Policy carefully before purchasing Services.
7. User Conduct and Prohibited Activities
You agree to use our Services only for lawful purposes and in accordance with these Terms. You specifically agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Harass, abuse, or harm other users or our staff
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the Services or servers/networks connected to the Services
- Attempt to gain unauthorized access to any portion of the Services
- Use the Services to transmit viruses, malware, or other harmful code
- Engage in any data mining, scraping, or similar data gathering activities
- Share, resell, or redistribute our Content without authorization
- Use the Services in any manner that could damage our reputation or business
8. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our privacy practices as described in the Privacy Policy.
9. Disclaimers and Limitation of Liability
9.1 No Warranty
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We make no guarantees regarding the accuracy, reliability, or completeness of any Content or the results that may be obtained from using the Services.
9.2 Educational Results Disclaimer
We make no representations or warranties regarding specific learning outcomes, skill acquisition, career advancement, or professional results that may occur from using our Services. Educational progress depends on numerous factors beyond our control, including individual effort, background knowledge, learning capacity, and external circumstances.
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINTRIX LEARNING, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
10. Indemnification
You agree to indemnify, defend, and hold harmless Braintrix Learning, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
- Your use or misuse of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of any applicable laws or regulations
11. Term and Termination
11.1 Term
These Terms commence on the date you first access or use the Services and continue until terminated in accordance with these Terms.
11.2 Termination by You
You may discontinue use of the Services at any time. If you wish to terminate your account, please contact us using the information provided below.
11.3 Termination by Us
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, with or without notice, at our sole discretion. Grounds for termination may include, but are not limited to:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- Requests by law enforcement or government agencies
- Discontinuation or material modification of the Services
11.4 Effect of Termination
Upon termination, your right to access and use the Services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification obligations.
12. Modifications to Terms and Services
12.1 Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.
12.2 Changes to Services
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
13. Dispute Resolution and Governing Law
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky, United States, without regard to its conflict of law provisions.
13.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be resolved through good-faith negotiation between the parties. If the parties are unable to resolve the dispute through negotiation within thirty (30) days, the dispute may be submitted to binding arbitration in Lexington, Kentucky, in accordance with the rules of the American Arbitration Association.
13.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
13.4 Exceptions
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Braintrix Learning regarding the Services and supersede all prior agreements and understandings, whether written or oral.
14.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms without restriction.
14.5 Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights.
14.6 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
14.7 Notices
All notices required or permitted under these Terms shall be in writing and delivered via email to the addresses specified in the Contact Information section below. Notices to you may also be made via postings on our website or through the Services.
15. Contact Information
If you have any questions, concerns, or disputes regarding these Terms or the Services, please contact us:
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.