Terms of Service

1. The User shall mean an adult individual, who registers an account with Brighterly and may obtain access to the Content (as defined below) offered by the Service, and oversees and represents a minor (who may benefit from the Content offered by the Service, further – the “Student”), being their parent, guardian, or legal representative. The User is the customer and responsible party for the purchase and usage of the Service, and must have the legal capacity to enter into contracts under applicable law.
2. If a minor has access to the Content of the Service, then such a minor shall exercise such access and use of the Service under supervision and/or upon permission of their  parent, guardian or legal representative, subject to the Terms and Privacy Policy. A minor is not, and under no circumstances cannot be the User.
3. Furthermore, by registering on the Website and using the Service, You represent and warrant that: (1) all registration information You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You will not access the Service through automated or non-human means, whether through a bot, script or otherwise; (4) You will not use the Service for any illegal or unauthorized purpose; and (5) Your use of the Service will not violate any applicable law or regulation.
4. Use or sharing of Your login information with another User or person is not permitted and is cause for immediate blocking of Your access to the Platform, the Services and the Content. You are solely responsible for maintaining the confidentiality of Your login information and for all activities that occur under Your account. You agree to immediately notify the Service if You become aware of or have reason to believe that there is any unauthorized use of Your account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Service in any investigation of such unauthorized uses. The Service shall not under any circumstances be held liable for any claims related to the use or misuse of Your account due to the activities of any third party outside of Your control or due to Your failure to maintain the confidentiality and security of Your account.

1. Brighterly is a platform that allows tutors to create and/or make available the Content, which is accessible through the Service. Tutors are independent third-party services providers, who can be engaged by Brighterly to offer their services through the Service (the “Tutors”).
2. Access to the Content shall be available to Students (i.e., Users and/or minors, whom Users represent, as defined in item 2 of “Access to the Service” section above).
3. Brighterly maintains the right to initiate special incentive pricing, membership, and other programs, including trial periods, which may be provided at a reduced rate or on a free of charge basis. These may be limited, at our sole discretion, including for instance to a certain number of Users  or elsehow. Any promotional funds or credits provided to the Users for use on the Service remain the property of the Service; they never become the property of the Users and never become refundable to the Users.

1. Our Service allows you access the curriculum and teaching practices that we offer for a fee, which is valid at the time of opening this Website and which can be altered at any time without previous warning (“Content”).
2. We may, at any time and without having to serve any prior notice to you, upgrade, update, change, modify, or improve the Content or any part thereof in such manner as we may deem fit, and such upgrade, update, change, modification, or improvement shall be deemed to be applicable from the time it is posted. We also reserve the right to alter or remove any content from the Website without any notice and without any liability.
3. All the intellectual property used on the Website (including the Content), made available by service providers or by any third party shall remain the property of the Service, service provider, or any other third party, as the case may be. The Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Website or otherwise shall not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

1. You are not allowed to share Your log-in credentials or any kind of the Content with third parties; use the Service for any commercial or other purposes that are not expressly permitted herein; use, copy, mirror, frame, display the Website or any Content therefrom without the prior written consent of Brighterly; violate any other policies of Brighterly; engage in any unlawful or disrespectful communication with other Users of the Service, if such communication is taking place on the Website, or any representatives of the Service; collect information on our Service using automated means or upload viruses or any other malware software.
2. We prohibit any kind of the Content that hosts, displays, uploads, modifies, transmits, updates, collects, stores, or shares any information that shall not be used without permission of any third party; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harms minors in any way; infringes any patent, trademark, copyright, or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly false, offensive, or menacing in nature; and impersonates or defames Us or any other person.

1. In order to access the Service and the Content, the User may have to set-up an account with a third-party provider of the platform, where the classes may be held. This may require the User to disclose the information including, but not limited to, (i) name, e-mail and other contact information, (ii) gender and other demographics, (iii) birth date and year of the Student (a minor, who may benefit from the Content offered by the Service and who is represented by the User as their parent, guardian, or legal representative), who will be attending classes to validate their current age.
2. Upon purchasing one or more of the Classes Packages, as outlined in the Payment & Refund Policy, Users will receive an email with the link to create an account (if an account has not been setup earlier) and to enroll themselves and/or the Student for classes. The User is responsible to create an account within 24 hours from the payment completion. After the registration is completed, enrollment into the classes will take place through the Website. The Tutor will be selected according to the User’s preferred schedule and grade. If the registration is not completed within 24 hours, the Service cannot guarantee that availability of a particular Tutor and/or a time slot.
3. The schedule of the classes and their frequency will be discussed and formalized within 24 hours after payment completion. The first class may take place not earlier than 36 hours after the payment completion, unless otherwise agreed upon by the Service and the User. The maximum delay between the payment completion and the first paid class is one week.

1. The User may reschedule and/or cancel a class with a prior written notice no less than six hours before the originally scheduled time of the class. Otherwise, the class cannot be rescheduled and will be deemed as used.
2. A written notice shall be submitted via SMS at +17246078448 or via email at [email protected]. The request will be reviewed within 12 hours and a response will be provided to the User via either SMS or email. The client can cancel or reschedule up to 1 class for every 4 classes scheduled. Note that the phone number +17246078448 can be used for SMS only and cannot be used for calls.
3. If the User and/or the Student is late for a class, the time of lateness shall be deducted from the 60-minute time allocated for the class without any refund. If the User and/or the Student has not joined the class within 10 minutes of the scheduled start time, the class may be canceled without any refund.
4. A missed class shall be treated as fully chargeable. No refunds, replacements or any other returns shall be provided for a missed class without regard to the reason the User and/or the Student did not attend the class.
5. If the User and/or the Student does not attend the class due to technical issues, Brighterly will arrange for a compensatory class if the User submits a prior written notice at least 6 hours before the scheduled class. In case technical issues are experienced during or immediately before the class, Brighterly will arrange for a compensatory class, if the reported issue is found true and is validated by Brighterly.
6. If the class cannot be conducted due to technical issues on the Brighterly’s side, a compensatory class is scheduled free of charge for the User.
7. The Tutor may postpone or cancel a class (for a valid reason, including in case of an illness or other circumstances). In this case, Brighterly will notify the User via a call or an e-mail message at least 24 hours in advance of the class being postponed or canceled.
8. If the class has not commenced within five minutes of the scheduled time due to the Tutor’s absence, the User is required to contact Brighterly promptly via SMS at +17246078448 or through email at [email protected]. A class that couldn’t be held due to the Tutor’s fault will be rescheduled to a time suitable for the User. In the event that the Tutor fails to appear for the class, the cost of the next class will be borne by Brighterly.

1. Classes begin at the scheduled time (which can be accessed by the User through the Website in User’s profile). The User can access the class via the Website or via the link provided in the notification email by clicking on the “Enter class” button. In order to start the class, both the Tutor and the User/Student shall be present in the virtual classroom on the platform.
2. Generally, the presence of the Student is mandatory during the classes, however the User, being their parent, guardian, or legal representative may also be present (and are recommended to do so at least for the first several classes) to help the Student to get familiar with the interface of the platform as well as with the Tutor.

1. A new Tutor may be assigned to the User and/or the Student under various circumstances, such as unavailability during specific time slots, User’s request for a change of Tutor, discontinuation of classes by a Tutor, Tutor work pause, etc. The Company will inform the User about the change of the Tutor via email or by phone.
2. Brighterly allows the User to initiate a Tutor change, but no more than once per month. Brighterly reviews the request for a Tutor change for 48 hours and reserves the right to deny the request if it does not have valid reasons. The User may request a Tutor replacement by sending the request to Brighterly via SMS at +17246078448 or via email at [email protected], providing a valid reason for the replacement.
3. If a Tutor change occurs, Brighterly reserves the right to collaborate with the User in establishing a new schedule if the new Tutor’s availability cannot align with the User’s existing schedule.

1. The Company does not observe any holidays in the academic calendar, state holidays, or any other specific holidays, whether mandated by law or otherwise.
2. Only Users who purchase a package of 48 classes or more are eligible to ‘freeze’ classes for a maximum of 14 days withing the particular Classes Package. To initiate the freeze, the User must notify the Service via SMS or email at least 24 hours before the desired freezing period. The mentioned possibility of ‘freezing’ the classes by the User shall not impact the payment schedule under either the BNPL and/or the installment payments options, as per clauses 7.2. and 7.3. of the Payment & Refund Policy.

1. At its sole discretion, Brighterly may, but under no circumstances is obliged to, offer the Users the opportunity to participate in the Referral Program. By participating in the Referral Program, all Users agree to abide by the terms of the Referral Program. Under the Referral Program:
   1.1 The term “Referrer” shall mean an existing User of the Service who introduces and recommends Brighterly to a potential new User (Referee). The Referrer may be eligible for the benefits of the present Referral Program based on the actions and/or purchases made by the Referee.
   1.2 The term “Referee” shall mean a new User on Brighterly who has been introduced to the Service by an existing User (Referrer). The Referee may be eligible for the benefits of the present Referral Program depending on their the actions and/or purchases at the Service, as outlined in the Referral Program. 
2. Under the Referral Program the Referrer shall be eligible to a bonus awarded in the internal currency of the Service equivalent to $100.00 (the “Referrer’s Bonus”). This internal currency is exclusively spendable at the Service.
3. The Referrer’s Bonus is awarded to the Referrer for each Referee brought by the Referrer and under the following condition:
   3.1 Referrer’s Bonus shall be credited to the Referrer’s account at the Service only when the Referee purchases any Classes Package at Brighterly.
4. The Referrer shall be able to accumulate bonuses awarded under the Referral Program. Accumulated bonuses can be utilized to partially or fully offset the cost of purchasing Classes Packages at Brighterly.
5. Under the Referral Program the Referee shall be eligible to a bonus awarded in the internal currency of the Service equivalent to $50.00 (the “Referee’s Bonus”). The internal currency is exclusively spendable at the Service.
6. The Referee’s Bonus is awarded to the Referee under the following condition:
   6.1 Referee’s Bonus shall be credited to the Referee’s account at the Service upon the registration of the Referee at Brighterly.
7. Bonuses awarded to the Referrer and/or the Referee under the Referral Program are non-refundable under any circumstances.

1. In no event, including but not limited to negligence, shall the Service, or any of its directors, officers, employees, agents or content/service providers (collectively – the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to the use of, or the inability to use the Service or the content, materials, and functions related thereto (including the Content), even if the Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for any content posted, transmitted, exchanged, or received by or on behalf of any User or other person on or through the Service; any unauthorized access to or alteration of Your transmissions or data; or any other matter relating to the Service.
2. In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the Terms or the User’s use of the Service exceed, in the aggregate the amount paid by the User in the one (1) month period prior to the event giving rise to the potential liability.

1. You hereby agree to indemnify and hold harmless Brighterly, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Service in any fraudulent manner; Your enrolment or attending of any course or any loss, damage, injury, etc. arising thereto to any person or otherwise; violation of the Terms and/or other policies; infringement, or infringement by any other User of Your account with the Service; and infringement of any intellectual property or other rights of any person or entity. Brighterly will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide Brighterly with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND THIS SERVICE AGREE THAT YOU AND THIS SERVICE MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.

1. The current part of the Terms constitute an Arbitration Agreement (the “Arbitration Agreement”), that shall govern any dispute between You and the Service (and each of our respective agents, corporate parents, subsidiaries, affiliates, predecessors in interest, successors, and assigns) including but not limited to claims arising out of or relating to any aspect of the relationship between You and the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement; and claims that may arise after the termination of these Terms. However, (1) You may assert claims in small claims court if Your claims qualify within the scope of Your jurisdiction; and (2) You or the Service may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of these Terms.
2. The relevant arbitrator shall have sole authority to determine applicability of the Arbitration Agreement in each particular case. In the event that a dispute involves both issues that are subject to arbitration and issues that are not subject to arbitration, the parties unequivocally agree that any legal proceeding regarding the issues not subject to arbitration shall be stayed pending resolution of the issues subject to arbitration.
3. Most disputes can be resolved without resort to arbitration. If You have any dispute with the Service, You agree that before taking any formal action, You will contact us, and provide a brief, written description of the dispute and Your contact information. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Service, and good faith negotiations will be a condition to either party initiating an arbitration.
4. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms formation, performance, and breach), the parties’ relationship with each other, and/or Your use of the Services will be finally settled by binding arbitration before one arbitrator administered by:
5. the London Court of International Arbitration (“LCIA”) if You are not a U.S. resident. Disputes are subject to the most current version of the LCIA Arbitration Rules when the notice of arbitration is submitted. Information about the LCIA’s rules can be found at https://www.lcia.org/Dispute_Resolution_Services/LCIA_Arbitration.aspx; or
6. JAMS if You are a U.S. resident. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267.
7. In each case the relevant arbitration rules will apply as modified by this Arbitration Agreement. In the event of a conflict between the applicable arbitration rules and these Terms, these Terms shall govern unless otherwise agreed by the parties and the relevant arbitrator.
8. If the relevant administrator of arbitration is not available to arbitrate, the parties will select an alternative arbitral forum.
9. To start an arbitration, You must follow instructions available at:
   https://www.lcia.org/adr-services/lcia-notes-for-parties.aspx#5.%20COMMENCING%20AN%20LCIA%20ARBITRATION for LCIA; or https://www.jamsadr.com/submit/ for JAMS.
10. If You are a consumer and You initiate arbitration, the only fee required to be paid is $250 and the other part of the filing fee (if any) will be borne by the Service. If the arbitrator finds the arbitration initiated by You to be non-frivolous and/or not in bad faith, all other arbitration costs will be borne by the Service. If the Service initiates arbitration against You and You are a consumer, the Service will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
11. Should either party bring a dispute involving issues subject to arbitration in a forum other than arbitration, the court or the arbitrator shall have the authority to award reasonable costs, fees and expenses, including reasonable attorneys’ fees, incurred by the other party in successfully staying or dismissing, in whole or in part, such other proceeding or in otherwise enforcing compliance with this Arbitration Agreement.
12. The arbitrator must be neutral, and You will have a reasonable opportunity to participate in the process of choosing the arbitrator.
13. The arbitrator will conduct hearings, if any, by teleconference or videoconference (based on written and/or electronic filing of documents), rather than by personal appearances, unless the arbitrator determines upon request by You or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, provided that if You are a consumer, You have a right to an in-person hearing in Your hometown area. If the parties are unable to agree on a location, such determination should be made by the administrator of arbitration or by the arbitrator.
14. If You are a consumer, remedies that would otherwise be available to You under applicable laws will remain available under this Arbitration Agreement, unless You retain the right to pursue such remedies in court as per this Agreement.
15. As part of the arbitration, both You and the Service will have the opportunity for discovery of non-privileged information that is relevant to the claim.
16. Upon either party’s request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
17. Whenever communicating with the arbitrator, the parties must include each other – for example, by including the other party on a telephone conference call and copying the other party on any written submissions, such as letters or emails. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or email. Ex parte communications are not permitted with any arbitrator.
18. The arbitrator shall apply:
19. if You are not a U.S. resident, the laws of England and Wales (also known as English Law), without regard to English Law’s conflict of laws rules; or
20. if You are a U.S. resident, Delaware law, consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
21. An arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
22. The arbitration award shall be final and binding on the parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
23. THE ARBITRATOR HAS NO AUTHORITY TO AWARD PUNITIVE DAMAGES. NEITHER YOU NOR THE SERVICE AGREES TO ANY ARBITRATION ON A CLASS BASIS, AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH A BASIS. A PARTY MAY ASSERT A CLAIM OR COUNTERCLAIM ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS PROCEEDING. UNDER THE ARBITRATION AGREEMENT, ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTIES CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.
24. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.
25. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in court with jurisdiction or in other relevant state authority to protect its intellectual property rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
26. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending an electronic notice of Your decision to opt out to our support with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within 30 days of (a) the effective date of these Terms; or (b) Your first date that You used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement (including class action waiver), whichever is later. Otherwise, You will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If You opt out of this Arbitration Agreement, the Service also will not be bound by it.
27. In order to be effective, the opt out notice must include Your full name and clearly indicate Your intent to opt out of binding arbitration. By opting out of binding arbitration, You are agreeing to resolve disputes in accordance with these Terms.
28. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court in accordance with Section 19.a “Governing Law and Venue,” and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.
29. This Arbitration Agreement will survive any termination of Your use of the Service.

1. Our Service may contain links to third-party websites or services that are not owned or controlled by us.
2. The Service has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision (change) is material, the Service may, but is under no obligation to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material revision (change) will be determined at Brighterly’s sole discretion.

Governing Law and Venue

1. Except as otherwise specified herein, this Terms shall be governed by and construed in accordance with the law of Delaware, USACyprus.
2. To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of Delaware, USACyprus to settle any disputes which may arise out of or in connection with this Terms and that accordingly the relevant proceedings must be brought in such courts.
3. The parties irrevocably submit to the personal jurisdiction and venue of the courts of and waive any defenses of improper venue or forum non conveniens.

Entire Agreement (Terms). Severability

1. These Terms and all other provisions referenced herein contain the entire agreement between you and Brighterly regarding the use of the Website. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.

No Waiver of Breach or Default

1. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Force Majeure

1. Brighterly shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, spam, or any failure of a computer, server or software, for so long as such event continues to delay Brighterly’s performance.

Absence of Certain Kind of Relationship

1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brighterly as a result of these Terms or use of the Website.

Use of Section Headers

1. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions.

1. The Terms take full force and effect when You access the Service and remain in effect while You use the Service, including in the cases where the User registers an  account with the Service – until such an account is terminated.
2. Brighterly may terminate or suspend access to the Service immediately, without any prior notice or liability, for any reason whatsoever, including but not limited to violation by the User of the Terms and/or misusing the Service in any manner. Should Users at the moment of termination/suspension of the access to the Service have one or more remaining pre-paid lessons, the matter can be resolved based on the Payment & Refund Policy.
3. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

If You have any questions about these Terms, please contact us via email: [email protected]