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Terms of Service

Last updated: December 11, 2019

Accepting These Terms

Get More Brain AG (“Get More Brain”) develops technologies and services designed to enable a better learning experience and lifelong learning on-the-job. We connect learners and teachers around the world and provide them with tools to collaborate efficiently; operate marketplaces, online stores and repositories for learning content; and facilitate the exchange and discussion of such learning content among our users.

These Terms of Service (“Terms”) are a legally binding agreement between you and Get More Brain. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms and to the collection and use of your information as set forth in our Privacy Policy and Cookie Policy. If you don’t agree you may not use our Services.

We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published will constitute your acceptance of such revised Terms.

Our Services

Our mission is to enable a better learning experience and lifelong learning on-the-job. To help advance this mission, we provide the services described below to you; (collectively “Services“):

• Connecting You With Other Users and Service Providers. We provide ways for you to communicate and collaborate with other users including through messages, voice and video calls, videos, photos, audios and documents, showing your status, and sharing your location with others. We may provide a convenient platform that enables you to send and receive money to or from other users across our platform. Get More Brain works with partners and affiliated companies and other service providers to help us provide ways for you to connect with their services. We use the information we receive from them to help operate, provide, and improve our Services.
• Online Marketplaces, Stores and Repositories. We operate online marketplaces and stores for learning content, and you may create, save, share, sell and administer your own learning content through our platform. For all purchased or sold resources and services, we will charge or credit your credit card, debit card, or other method of payment according to the respective payment terms.
• Provide a Personalized Experience for You. We use the data we have, for example, about what you are learning and what learning material you use, to personalize the experience you have when using our Services.
• Ways To Improve Our Services. We analyze how you make use of Get More Brain, in order to improve all aspects of our Services described here. We may also work with partners, service providers, and affiliated companies to do this.
• Communicating With Businesses. We provide ways for you and third parties, like businesses, to communicate with each other using Get More Brain, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. Messages you may receive containing marketing could include an offer for something that might interest you.
• Safety And Security. We work to protect the safety and security of Get More Brain by appropriately dealing with abusive people and activity and violations of our Terms. We prohibit misuse of our Services, harmful conduct towards others, and violations of our Terms and policies, and address situations where we may be able to help support or protect our community. We develop automated systems to improve our ability to detect and remove abusive people and activity that may harm our community and the safety and security of our Services.
• Enabling Global Access To Our Services. To operate our global Service, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.

About Our Services

Registration. When registering for our Services you must use accurate information.

Age. You must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications from time to time, as necessary or useful to provide our Services to you.

Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.

Privacy Policy And User Data

We know your personal information is important to you, so it’s important to us. Get More Brain’s Privacy Policy describes our information practices, including the types of information we receive and collect from you, how we use and share this information, and your rights in relation to the processing of information about you. The Privacy Policy sets out the legal bases for our processing of personal information about you, including the collection, use, processing, and sharing of such information, as well as the transfer and processing of such information to any country globally where we have or use facilities, service providers, affiliated companies, or partners.

Acceptable Use Of Our Services

Our Terms And Policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.

Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Get More Brain, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.

Harm To Get More Brain Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.

Keeping Your Account Secure. You are responsible for keeping your device and your Get More Brain account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.

Third-Party Services

Our Services may allow you to access, use, or interact with third-party websites, apps, content, other products and services. When you use third-party services, their own terms and privacy policies will govern your use of those services.

Licenses

Your Rights. Get More Brain does not claim ownership of the information that you submit for your Get More Brain account or through our Services. You must have the necessary rights to such information that you submit for your Get More Brain account or through our Services and the right to grant the rights and licenses in our Terms.

Get More Brain’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission.

Your License To Get More Brain. In order to operate and provide our Services, you grant Get More Brain a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.

Get More Brain’s License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

Reporting Intellectual Property Infringement. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.

Disclaimers

WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING OUR SERVICES TO YOU AND IN KEEPING IT A SAFE, SECURE, AND ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT GET MORE BRAIN WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS.

WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.

YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “GET MORE BRAIN PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, OR CONTROVERSY (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

YOUR RIGHTS WITH RESPECT TO GET MORE BRAIN ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Limitation Of Liability

OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES SHALL BE LIMITED TO LOSSES THAT ARE A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH BREACH (EXCEPT IN RELATION TO DEATH, PERSONAL INJURY, OR FRAUDULENT MISREPRESENTATION) AND WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

YOUR RIGHTS WITH RESPECT TO GET MORE BRAIN ARE NOT MODIFIED BY THE FOREGOING LIMITATION IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.

Indemnification

If anyone brings a claim (“Third Party Claim”) against us related to your actions, information, or content on Get More Brain, you will, to the extent permitted by law, indemnify and hold the Get More Brain Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third Party Claim. Your rights with respect to Get More Brain are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

Dispute Resolution

You agree that any Claim must be resolved in a competent court in Zurich that has jurisdiction over the Claim and that the laws of Switzerland will govern these Terms and any Claim, without regard to conflict of law provisions.

Availability And Termination Of Our Services

Availability Of Our Services. We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. Although we hope you remain a Get More Brain user, you can terminate your relationship with Get More Brain anytime for any reason by deleting your account.

We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Get More Brain: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other”.

Other

• Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Get More Brain and our Services, and supersede any prior agreements.
• We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
• Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
• Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with Get More Brain at any time by deleting your account.
• All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using Get More Brain, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.
• You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
• Nothing in our Terms will prevent us from complying with the law.
• Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
• If we fail to enforce any of our Terms, it will not be considered a waiver.
• If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
• We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.
• We always appreciate your feedback or other suggestions about Get More Brain and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.