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Terms of Service

Last updat­ed: Decem­ber 11, 2019

Accepting These Terms

Get More Brain AG (“Get MoreBrain”) 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; © 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; © 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 con­nect­ed 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 © 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.