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Important
By using our Services, you agree to these Terms. Please read them carefully.
These Terms of Use apply to your use of BrighterBalance services for educators, along with any associated software applications and websites (collectively, “Services”). These Terms form an agreement between you and BrighterBalance, LLC, a Georgia limited liability company (“BrighterBalance,” “we,” “us,” or “our”).
By using our Services, you agree to these Terms.
Our Privacy Policy explains how we collect and use any personal information. Although it does not form part of these Terms, it is an important document that you should read at brighterbalance.ai/legal/privacy.
The Subscription Agreement. If you have purchased a paid subscription to the Services, your “Subscription Agreement” with us consists of (i) the Order under which you purchased the Services and (ii) these Terms of Use. An “Order” is either (a) a written proposal, quote, order form, or similar purchasing document issued by BrighterBalance and accepted by you (a “Proposal”), or (b) an order for a paid subscription that you place and BrighterBalance accepts through the Services or our website, including through self-service signup or checkout (an “Online Order”). No other document is part of the Subscription Agreement unless expressly identified in the Proposal and signed (including by electronic signature) by an authorized representative of BrighterBalance. Without limiting the foregoing, no purchase order, vendor registration form, district contract template, master agreement, or other document issued or required by you (collectively, “Customer Forms”) is part of the Subscription Agreement. Customer Forms may serve as evidence of your authorized purchase, but their pre-printed terms, click-wrap terms, hyperlinked terms, and standard provisions are not binding on BrighterBalance and do not modify, supplement, or amend the Subscription Agreement, even if BrighterBalance signs, accepts, or processes such Customer Form. In the event of any conflict between a Proposal and these Terms of Use, the Proposal controls. In the event of any conflict between an Online Order and these Terms of Use, these Terms of Use control, except as to the subscription plan, quantity, term, and Fees identified in the Online Order.
Official Contact Information
Website: https://www.brighterbalance.ai/
Support Email: hello@brighterbalance.app
Mailing Address: BrighterBalance, LLC, PO Box 3243, Duluth, GA 30096
For purposes of these Terms, the following definitions apply:
You must be at least 18 years old to create an account and use the Services.
By using the Services, you represent and warrant that:
You are a currently employed K-12 teacher, educator, or authorized educational personnel,
You have authority from your Educational Institution to use educational technology tools,
You have permission to collect and record student behavioral information as part of your educational duties, and
All information you provide during registration is accurate, current, and complete.
If you create an account or use the Services on behalf of an Educational Institution, you must have the authority to accept these Terms on behalf of that Institution.
Individual teachers may create accounts to use the Services with their own students and classes.
Account Requirements:
Valid email address,
Secure password (minimum 8 characters),
Invite code (during beta/limited access periods), and
Professional affiliation with an educational institution.
Schools and districts may establish institutional accounts with enhanced administrative controls. See Section 17 for details.
You are responsible for:
Maintaining the confidentiality of your account credentials,
All activities that occur under your account,
Immediately notifying us at hello@brighterbalance.app of any unauthorized access or security breach,
Using strong, unique passwords not shared with other services, and
Not sharing your account credentials with anyone else.
During limited access periods, account creation requires a valid invite code. Invite codes:
Are non-transferable,
Have limited usage allowances,
May be deactivated at our discretion, and
Are subject to availability.
BrighterBalance provides the following features:
Behavior Logging
Real-time logging of student behaviors, Predefined behavior types (positive and needs-attention), Custom notes and annotations, and Timestamp tracking.
Student Management
Student rosters and profiles, Class organization, and Behavior timelines and history.
AI-Powered Insights
Coaching recommendations based on behavior patterns, Behavioral pattern analysis, and Suggested interventions and strategies.
Offline Functionality
Progressive Web App (PWA) installation, Offline behavior logging, and Automatic synchronization when online.
Data Export
Export behavior logs in CSV and JSON formats and Comprehensive data portability.
We strive to make the Services available 24/7, but do not guarantee uninterrupted access. The Services may be unavailable due to:
Scheduled maintenance (we’ll provide notice when possible),
Unexpected technical issues,
Force majeure events, or
Security incidents requiring service suspension.
We may update, modify, or discontinue features at any time.
BrighterBalance is committed to protecting student privacy and complying with all applicable laws governing educational data. Student Data is treated with the highest level of security and confidentiality.
We commit to the following protections for all Student Data:
We Will NEVER:
Sell, rent, lease, or trade Student Data to any third party,
Use Student Data for advertising or marketing purposes,
Use Student Data to create profiles of students for non-educational purposes,
Share Student Data with third parties except as necessary to provide the Services or as required by law,
Use Student Data to train artificial intelligence models or machine learning systems, or
Amass dossiers on students beyond what is necessary to provide educational Services.
We Will ALWAYS:
Encrypt Student Data in transit and at rest using industry-standard methods,
Limit access to Student Data to authorized personnel only,
Allow you to export or delete Student Data at any time,
Use Student Data only for providing the Services to you and your Institution,
Comply with applicable federal and state student privacy laws, and
Respond promptly to requests for Student Data access, correction, or deletion.
Student Data is used solely for the following purposes:
Providing the behavior logging and coaching Services to teachers,
Generating AI-powered insights for individual teachers,
Maintaining and improving the technical functionality of the Services (not training AI models),
Complying with legal obligations, and/or
Enforcing these Terms and protecting safety and security.
We collect only the minimum Student Data necessary to provide effective Services:
Data We Collect:
Student names (or teacher-assigned identifiers)
Behavior logs (type, timestamp, notes)
Class assignments
Optional avatar colors
Data We Do NOT Collect (includes, but is not limited to):
Student date of birth
Student addresses or contact information
Student Social Security numbers
Photographs of students (though Authorized Users may photograph their own handwritten observation notes that reference students by name)
Student academic grades or test scores
Student biometric data
Student precise geolocation
BrighterBalance acknowledges that Student Data collected through the Services may constitute “education records” under the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g and its implementing regulations at 34 CFR Part 99.
Independent Use Clarification: If you use the Services independently and not under a contract with an Educational Institution, BrighterBalance acts solely as a service provider to you, and you are responsible for ensuring compliance with applicable student privacy laws, including obtaining any necessary consents.
When used by a teacher employed by an Educational Institution covered by FERPA, BrighterBalance acts as a “school official” with “legitimate educational interests” in Student Data as those terms are defined under FERPA.
BrighterBalance commits to:
Purpose Limitation
Use Student Data only to provide the Services and for no other commercial purpose.
No Re-Disclosure
Not re-disclose personally identifiable information from education records without proper authorization under FERPA.
Parental Rights
Cooperate with Educational Institutions in providing parents and eligible students their rights under FERPA to: Inspect and review education records; Seek amendment of inaccurate or misleading records; Consent to disclosures of personally identifiable information (except as permitted by FERPA); File complaints with the U.S. Department of Education Family Policy Compliance Office.
Data Destruction
Destroy or return Student Data upon request of the Educational Institution or upon termination of services.
Security
Implement and maintain reasonable security procedures and practices to protect Student Data from unauthorized access, destruction, use, modification, or disclosure.
Audit Rights
Allow Educational Institutions to audit our compliance with FERPA and these Terms upon reasonable notice.
Training
Ensure our personnel with access to Student Data receive appropriate training on FERPA requirements and student privacy.
All Subprocessors with access to Student Data are contractually required to:
Comply with FERPA requirements,
Maintain confidentiality of education records,
Use Student Data only as directed by BrighterBalance, and
Implement appropriate security measures.
Educational Institutions using the Services are responsible for:
Providing annual FERPA notifications to parents as required by law,
Maintaining policies designating BrighterBalance as a "school official",
Responding to parental requests for access, amendment, or deletion of education records,
Obtaining necessary consents for disclosures not permitted by FERPA exceptions, and
Ensuring teachers using the Services have legitimate educational interests in the Student Data they access.
The Services allow teachers to record information about students, including minors under age 13. This data is considered “education records” under FERPA and is protected accordingly.
The Services are designed for use by teachers and other authorized educational personnel, and not by children directly. To the extent the Services are used to record information about students under thirteen (13) years of age, BrighterBalance relies on the Educational Institution to act as the “school” under the Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C. §§ 6501–6506, and to provide any consent required under COPPA on behalf of parents in lieu of direct parental consent, consistent with FTC guidance regarding the “school authorization” pathway. The Educational Institution represents and warrants that it has authority to provide such consent and has obtained any additional parental consents required by FERPA, applicable state law, or institutional policy. Nothing in this Section displaces COPPA where it independently applies; rather, it reflects the parties’ allocation of consent responsibilities under the school-authorization framework.
By using the Services to record student information, you represent and warrant that:
You have authority from your Educational Institution to collect and record Student Data,
Your Educational Institution has obtained any necessary parental consents under applicable law (FERPA, COPPA, state laws),
You will comply with all applicable federal and state laws regarding children’s privacy, including COPPA (15 U.S.C. §§ 6501–6506) and FERPA (20 U.S.C. § 1232g),
You will not share Student Data with unauthorized third parties, and
You will use the Services only for legitimate educational purposes within the scope of your professional duties.
We encourage teachers to:
Collect only the minimum student information necessary for educational purposes,
Use initials or identifiers instead of full names when appropriate,
Leave optional fields blank when information is not needed, and
Regularly review and delete outdated student records.
Important:
Student Data is owned by the Educational Institution employing the teacher, not by the individual teacher or BrighterBalance.
Behavior logs, student profiles, and all related Student Data created using the Services are the property of the Educational Institution where the teacher is employed.
Teachers have a limited license to access and use Student Data solely for their current educational duties at their employing Institution.
Teachers may NOT:
Transfer Student Data to personal accounts or devices when changing employment,
Use Student Data for purposes unrelated to their current educational duties,
Share Student Data with third parties without institutional authorization,
Retain Student Data after employment termination without institutional permission, and
Use Student Data for personal research or publication without institutional approval.
Upon termination of employment or at the Educational Institution’s request, teachers must:
Transfer account ownership to the Institution or a designated administrator,
Delete all locally stored Student Data (offline PWA data),
Cease all access to Student Data in BrighterBalance, and
Return or destroy any exported Student Data as directed by the Institution.
Upon verified written request from an Educational Institution, BrighterBalance will provide access to all associated Student Data and Teacher Content linked to that Institution’s domain or administrator account, subject to verification of authorization.
You retain all ownership rights to your Input. By providing Input, you grant us a limited, non-exclusive, worldwide license to process your Input solely to provide the Services.
This license terminates when you delete your Input or close your account.
We grant you and/or your employing Educational Institution a perpetual, worldwide, royalty-free, non-exclusive license to use, modify, and distribute Output for educational purposes.
Teachers retain ownership of original content they create (notes, annotations, lesson plans) subject to institutional employment agreements or institutional policies regarding work for hire. Note Section 9 for Student Data ownership. BrighterBalance’s use of anonymized data for product improvement does not include or subsume teacher-authored intellectual property unless separately consented to in writing.
You agree that both during and after the term of the Subscription Agreement, BrighterBalance may collect, analyze, use, retain, and disclose data derived from Content in de-identified or aggregated form, as well as data about your access to and use of the Services, for the purposes of operating, analyzing, improving, or marketing the Services, developing new products or services, conducting research, training our artificial intelligence models, benchmarking, reporting, and other lawful business purposes, provided that BrighterBalance shall not share or publicly disclose information that is derived from Content unless such data is de-identified or aggregated such that it cannot reasonably be used to identify a specific student, teacher, or Educational Institution. “De-identified” means data that has been processed using methods consistent with generally accepted industry standards (such as those described in NIST SP 800-188) so that the resulting data does not identify and cannot reasonably be used to identify a specific individual or institution. De-identified and aggregated data is not Student Data or Confidential Information of you or your Institution and is not subject to deletion requests.
If you, your Authorized Users, or your Institution provide BrighterBalance with any suggestions, enhancement requests, recommendations, comments, ideas, or other feedback regarding the operation, content, features, or improvement of the Services (collectively, “Feedback”), you grant BrighterBalance a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual right and license to use, incorporate, exploit, and otherwise commercialize the Feedback in the Services and any other BrighterBalance products or services, without any obligation of attribution or compensation. You will not be entitled to any compensation, attribution, or share of revenue if BrighterBalance elects to incorporate any Feedback into its products or services.
We will NEVER:
Use identifiable Student Data to train AI models,
Share identifiable Student Data for product improvement,
Sell or license Student Data to third parties,
Use your specific behavior logs to train competing products, or
Use data in ways that could identify individual students or schools.
BrighterBalance retains all rights, title, and interest in and to:
The Services, including all software, algorithms, documentation, and technology,
The BrighterBalance name, logo, and branding,
All improvements and derivative works we create, and
Anonymized, aggregated datasets we create.
You may only use our name and logo with our prior written permission.
The Services include third-party intellectual property, including:
Anthropic’s Claude AI models,
Next.js and React frameworks,
Mantine UI components,
Supabase technology, and
Other open-source components.
These remain the property of their respective owners and are subject to their respective licenses.
BrighterBalance uses artificial intelligence (as of the publication date of this version, specifically, Anthropic’s Claude language models via Vercel AI Gateway; the identity of the AI provider in use from time to time is an operational matter within BrighterBalance’s discretion and may change) to generate coaching insights, behavioral pattern analysis, recommended interventions, and reports.
Important Notice
Artificial intelligence and machine learning are rapidly evolving fields. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial.
Given the probabilistic nature of machine learning, use of our AI features may, in some situations, result in Output that:
Does not accurately reflect real people, places, or facts,
Contains incomplete or incorrect recommendations,
Reflects biases present in training data,
Misunderstands context or nuance, and
Provides suggestions inappropriate for specific situations.
When you use our AI-powered Services, you understand and agree:
Output may not always be accurate. You must not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional educational judgment.
You must evaluate Output for accuracy and appropriateness for your specific use case, including using human review, before acting on any AI-generated recommendations.
You must not use AI Output as the sole basis for important decisions about students, such as:
Special education referrals,
Disciplinary actions,
Grade assignments,
Responses to any suspected risk of self-harm, suicide, or harm to others (which must never be based on Output – see Section 11.6),
Parent communications about serious concerns, and/or
Any decisions that could have legal or material impact on a student.
Our Services may provide incomplete, incorrect, or biased Output that does not represent BrighterBalance’s views or professional educational standards.
If Output references any third-party products or services, it doesn’t mean the third party endorses or is affiliated with BrighterBalance.
ALL AI-GENERATED INSIGHTS MUST BE REVIEWED BY QUALIFIED EDUCATIONAL PROFESSIONALS BEFORE BEING ACTED UPON OR SHARED WITH PARENTS, ADMINISTRATORS, OR OTHER STAKEHOLDERS.
AI is a tool to support, not replace, teacher professional judgment.
The AI features of the Services are provided on an “as is” and “as available” basis without warranty of any kind. BrighterBalance does not warrant that any AI Output will be accurate, complete, current, reliable, free of bias, fit for any particular educational, clinical, behavioral, disciplinary, or special-education purpose, or suitable for any particular student or situation. BrighterBalance disclaims all express and implied warranties with respect to AI Output, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and non-hallucination, in each case to the maximum extent permitted by applicable law.
You assume all risk of using AI Output. You acknowledge and agree that AI Output may be inaccurate, incomplete, biased, or otherwise inappropriate for your situation; that the underlying language models are probabilistic and may “hallucinate” (produce confident-sounding but factually incorrect Output); and that AI Output does not constitute professional educational, psychological, medical, behavioral, special-education, or legal advice and is not a substitute for the judgment of a qualified human professional. You are solely responsible for verifying AI Output before relying on or acting upon it, and for any decisions made on the basis of AI Output.
No claims based on AI Output. To the maximum extent permitted by applicable law, you waive and release BrighterBalance from any claim arising out of or relating to the content, accuracy, completeness, fitness, or appropriateness of any AI Output, or any decision or action taken (or not taken) by you, your Institution, or any third party in reliance on AI Output. This Section 11.5 is in addition to, and does not limit, the warranty disclaimers in Section 21 or the limitation of liability in Section 22.
The Services are not a crisis-detection or clinical tool. The Services are not designed, intended, or offered to detect, predict, screen for, assess, monitor, or prevent any risk of self-harm, suicide, or harm to others, or to diagnose, treat, or monitor any medical, psychological, or psychiatric condition. The Services are not a threat-assessment, suicide-screening, crisis-detection, crisis-intervention, or emergency-notification tool. Neither any Output, nor the presence, absence, or characterization of any information in any Output, shall be relied upon as an indication of the presence or absence of any risk to any student or other person.
Sole responsibility for student safety. You and, if applicable, your Institution retain sole responsibility for student supervision and safety, including without limitation the identification of and response to any risk of self-harm, suicide, or harm to others; threat assessment; suicide prevention; mandated reporting; and emergency and crisis response, in each case in accordance with applicable law and your Institution’s own policies and protocols. You and your Institution will maintain and follow crisis-response and threat-assessment protocols independent of, and without reliance on, the Services.
Duty to act on human knowledge. If you become aware of information suggesting a possible risk to any student or other person - whether or not that information is reflected in, omitted from, or characterized differently by any Output - you will immediately follow your Institution’s applicable protocols and applicable law, and you will not await, consult, or rely upon any Output before acting.
Material term. This Section 11.6 is a material and bargained-for basis of the Subscription Agreement and of your right to use the Services, and BrighterBalance has priced and offered the Services in reliance on it. This Section 11.6 is in addition to, and does not limit, Sections 11.5, 21, and 22.
The Services rely on third-party subprocessors to deliver core Services functionality, including data storage and authentication, application hosting, artificial-intelligence processing of observation content, voice transcription, telemetry and reliability monitoring of AI Output, and email delivery. As of the publication date of this version, BrighterBalance uses the following subprocessors: Supabase, for database storage and authentication; Anthropic (Claude language models), for coaching insights and behavioral pattern analysis; Vercel AI Gateway, the routing layer through which AI requests are transmitted to Anthropic; Groq, for voice transcription of Authorized-User voice observations; Vercel, for application hosting and infrastructure; Resend, for transactional email delivery to Authorized Users; ZeptoMail (Zoho) (see Section 12.4), for delivery of email communications, including weekly digest summaries; and PostHog, for product analytics and telemetry used to monitor the reliability and alignment of AI Output (see Section 12.2). The identity of the subprocessors in use from time to time is an operational matter within BrighterBalance’s discretion and may change.
(a) What Data is Shared:
To provide the Services’ core functionality, the Services transmit observation content captured by Authorized Users to AI service providers for processing, including voice recordings and transcriptions of them, images of handwritten notes and text extracted from them, emailed observations, and typed notes. Observation content may include student names and other personally identifiable information as spoken, written, or photographed by the Authorized User. The Services also transmit associated roster information (including student names and internal record identifiers) as reasonably necessary to associate an observation with the correct student record, together with structured behavioral data used to generate pattern analyses and coaching insights. To monitor the reliability and alignment of AI Output for teacher and student safety, the same observation content and AI Output are transmitted to the telemetry and analytics subprocessors identified in Section 12.1. All such transmissions are encrypted in transit and are subject to the contractual protections described in Section 12.2(b). Authorized Users remain responsible for following the data-minimization practices described in Section 8.4 and should include in an observation only the information reasonably necessary to document the behavior.
(b) Contractual Protections:
We maintain Data Processing Agreements with all subprocessors identified in Section 12.1 that prohibit them from: using Student Data for model training, retaining data beyond the immediate service request, sharing data with other parties, or using data for their own business purposes.
All Student Data is stored and processed within the United States.
We do not transfer Student Data outside the United States without explicit written consent from the Educational Institution.
BrighterBalance uses third-party email service providers, including ZeptoMail as of the publication date of this version, to send account-related communications (such as account notifications, password resets, and platform announcements) and, where enabled by the Authorized User or Educational Institution, periodic digest, summary, or coaching emails. Digest and summary emails may include Student Data, including student names and behavioral observation content, delivered to the email address associated with the recipient Authorized User’s account. All emails are encrypted in transit. The identity of the email provider in use from time to time is an operational matter within BrighterBalance’s discretion and may change. Email service providers are subject to the contractual protections described in Section 12.2(b) and to any additional protections required by applicable law and any executed Data Privacy & Security Agreement.
BrighterBalance maintains administrative, technical, and physical safeguards designed to protect Student Data against unauthorized access, use, disclosure, alteration, or destruction. These safeguards are commensurate with industry standards generally observed by SaaS providers serving educational institutions and with the limited categories of data processed by the Services. The specific safeguards in place from time to time will reflect the nature of the data processed, the threat environment, and the state of available technology, and BrighterBalance may update its safeguards in its discretion provided the resulting protections are not, in the aggregate, materially less protective. Examples of safeguards BrighterBalance currently maintains include encryption of Student Data in transit and at rest, role-based access controls, multi-factor authentication options for Authorized Users, vulnerability management, employee confidentiality obligations, security awareness training, and documented incident response procedures. The foregoing examples are descriptive and not contractual commitments to any particular technology, vendor, or protocol.
While we implement industry-standard security measures, no system is completely secure.
You acknowledge that: Use of the internet and cloud services carries inherent security risks, these risks cannot be eliminated, and You assume some risk when transmitting data over the internet.
You are responsible for:
Maintaining confidentiality of your password and account credentials,
Not sharing your account credentials with anyone,
Reporting suspected security incidents immediately to hello@brighterbalance.app,
Using strong, unique passwords (minimum 8 characters, mix of letters/numbers/symbols),
Enabling two-factor authentication when available,
Securing devices that access the Services (see Section 15), and
Logging out of shared or public devices.
If you suspect a security incident or unauthorized access, immediately:
Change your password,
Log out of all devices (Account Settings > Security > Log Out All Devices),
Contact us at hello@brighterbalance.app with subject line "SECURITY INCIDENT",
Report to your institution’s IT security team, and
Document what you observed.
BrighterBalance Notice Obligations. Upon reasonable confirmation that an unauthorized acquisition, access, use, or disclosure of unencrypted Student Data has occurred (a “Security Incident”), BrighterBalance will notify the affected Educational Institution’s designated data privacy officer or other authorized contact in writing without unreasonable delay and, in any event, no later than seventy-two (72) hours after discovery, except (i) where applicable law, an executed Data Privacy & Security Agreement, or a request from law enforcement requires a different timeline, in which case the controlling timeline will apply, or (ii) for the period necessary to determine the scope of the Security Incident, restore the integrity of the Services, and comply with law-enforcement requests for delay. The notice will, to the extent then known, describe the nature of the Security Incident, the categories and approximate volume of Student Data involved, the steps BrighterBalance has taken or proposes to take to mitigate harm, and a contact for further information. BrighterBalance will provide reasonable updates as additional information becomes available.
Institution Notice Obligations. As between the parties, the Educational Institution is solely responsible for any further notification to affected students, parents, guardians, regulators, the public, or other third parties as required by FERPA, applicable state student-privacy law, or institutional policy, and BrighterBalance’s notice to the Institution will satisfy any obligation BrighterBalance may otherwise have to provide notice to such individuals. The parties will cooperate in good faith to provide reasonable, factually accurate information needed for such notifications, but BrighterBalance will not be required to fund, draft, or send notifications to data subjects.
BrighterBalance retains Student Data only for so long as is reasonably necessary to provide the Services to the Educational Institution and the affected Authorized Users, plus a reasonable post-termination wind-down period (typically up to ninety (90) days) during which the Institution may export or request return of Student Data, after which BrighterBalance will delete Student Data from active production systems within a reasonable timeframe. Backup, replication, and disaster-recovery copies will be deleted in accordance with BrighterBalance’s standard backup retention cycle, which is generally consistent with industry practice for SaaS providers. The specific retention periods, deletion methods, and timing in effect from time to time are operational matters within BrighterBalance’s reasonable discretion and are not contractual commitments to any particular schedule, except as expressly required by an executed Data Privacy & Security Agreement or applicable law.
We may retain Student Data beyond normal retention periods if required by:
Valid legal process (subpoena, court order, search warrant),
Ongoing litigation or investigation involving the data,
Regulatory inquiry or audit, or
Law enforcement request.
Affected users and institutions will be notified when legally permissible.
After Student Data deletion, we may retain anonymized, aggregated behavioral pattern data that:
Cannot be traced back to individual students, teachers, or schools,
Has all personally identifiable information permanently removed, and
Cannot be re-identified through any means.
This anonymized data is not subject to deletion requests.
BrighterBalance is NOT responsible for Student Data loss resulting from:
Cleared browser data before sync completion,
Lost or stolen devices,
Device failures, malfunctions, or damage,
Uninstalling the application before syncing,
Disabling offline storage in browser settings,
Operating system updates that reset app data, or
Factory resets without prior sync.
You are responsible for ensuring offline data is synced regularly.
BrighterBalance complies with U.S. federal and state student privacy laws to the extent such laws apply to BrighterBalance in its capacity as a service provider to the Educational Institution. The specific obligations and rights of the parties under any such law (including, where applicable, the Family Educational Rights and Privacy Act and analogous state student-privacy laws) are addressed in any executed Data Privacy & Security Agreement between BrighterBalance and the Institution and are governed by the terms of that agreement and applicable law. Nothing in this Section 16 expands BrighterBalance’s obligations under any such law beyond what the law itself imposes on a service provider in BrighterBalance’s position with respect to the categories of data actually processed by the Services.
Regardless of your location, we commit to:
No Sale of Student Data
We will NEVER sell, rent, lease, or trade Student Data to any party for any purpose.
No Targeted Advertising
We will NEVER use Student Data to: Target advertisements to students, teachers, or parents, create advertising profiles, serve behaviorally targeted advertising, or build marketing databases.
No Amassing Dossiers
We will NOT create profiles of students for purposes unrelated to providing educational Services.
Purpose Limitation
We use Student Data solely to provide educational Services, not for BrighterBalance’s independent commercial purposes.
Data Minimization
We collect only the minimum Student Data necessary to provide effective behavior tracking and coaching Services.
Security Standards
We maintain security practices that meet or exceed applicable state requirements.
If you are using the Services on behalf of a school, school district, or other Educational Institution, additional terms and responsibilities apply beyond the standard individual teacher terms.
Where a separate Data Privacy & Security Agreement (DPA) is required, BrighterBalance adheres to the 1EdTech Data Privacy & Security Agreement found at https://www.1edtech.org/resource/dpsa. To request this or another DPA form for your district:
Email: hello@brighterbalance.app
Subject: “Institutional Services Request - [Institution Name]”
Include: Institution name, district size, number of schools, anticipated teacher count.
If You are providing Your DPA form, please attach it to the email.
If applicable state law or institutional policy requires a written data privacy and security agreement and the parties have not executed a separate DPA covering the Services, the 1EdTech Data Privacy & Security Agreement (the version then-current at https://www.1edtech.org/resource/dpsa) is incorporated into the Subscription Agreement by reference solely as to the Educational Institution’s Student Data, with BrighterBalance acting as the “Provider” (or equivalent term) and the Institution acting as the “LEA” or “School” (or equivalent term). To the extent any term of the incorporated 1EdTech DPA conflicts with these Terms or the Proposal, these Terms and the Proposal control, except where the conflicting 1EdTech DPA term is required by applicable state law, in which case the law-mandated term controls solely as to that requirement. Incorporation by reference under this Section 17.2 does not constitute execution of any addendum, exhibit, or jurisdiction-specific schedule (including state-specific exhibits such as the TX-NDPA, NY DPA, or CA SDPA), each of which requires a separately negotiated and signed instrument.
Educational Institutions using BrighterBalance are responsible for:
(a) Parental Consent: Obtaining any necessary parental consents under FERPA, COPPA, and applicable state laws before teachers use the Services with Student Data.
(b) Teacher Training: Ensuring teachers receive adequate training on: Proper use of the Services for educational purposes, Student privacy and data protection requirements, Institutional acceptable use policies, Security best practices, and FERPA and state law compliance.
(c) Acceptable Use Policies: Maintaining and enforcing acceptable use policies that govern teacher use of the Services in compliance with institutional policies.
(d) Data Stewardship: Designating a data steward, privacy officer, or technology director responsible for: responding to parental data requests, coordinating with BrighterBalance on compliance matters, reviewing and approving changes to data processing practices, and managing institutional account settings.
(e) Vendor Management: Conducting appropriate due diligence and security reviews before deploying the Services, including security questionnaires, privacy impact assessments, contract review and approval and board approval (if required).
(f) Student Safety and Crisis Response: Maintaining and following the Institution’s own student-safety, suicide-prevention, threat-assessment, mandated-reporting, and crisis-response policies and protocols; ensuring personnel understand that the Services are not a crisis-detection or clinical tool (Section 11.6); and ensuring that any response to a suspected risk of self-harm or harm to others is made under those protocols and applicable law, without reliance on the Services.
Educational Institutions purchase the Services under a Subscription Agreement, which (as defined in Section 1 and Section 2) consists of the Order and these Terms of Use. The Subscription Agreement constitutes the entire and exclusive agreement between BrighterBalance and the Institution with respect to the Services and supersedes all prior or contemporaneous agreements, proposals, representations, or communications, written or oral. In the event of any conflict, the Proposal controls over these Terms of Use. The Institution may issue purchase orders, vendor registration forms, supplier onboarding forms, district contract templates, master service agreements, board-approval cover documents, or other forms (collectively, “Customer Forms”) in connection with its purchase. The Institution and BrighterBalance acknowledge and agree that Customer Forms serve solely as administrative or internal-procurement records evidencing the Institution’s authorized purchase, and that the pre-printed terms, click-wrap terms, hyperlinked terms, attached general conditions, and standard or template provisions contained in any Customer Form are not part of the Subscription Agreement, do not bind BrighterBalance, and do not modify, supplement, replace, or amend the Subscription Agreement, regardless of whether BrighterBalance signs, accepts, processes, invoices against, or otherwise acts on such Customer Form. Any modification to these Terms of Use for a particular Institution must be expressly set forth in the Proposal or in a written addendum signed by an authorized officer of BrighterBalance and identified as modifying these Terms.
Institutional accounts are billed in accordance with the Subscription Agreement as follows:
Annually based upon teacher and administrator headcount or site license,
Through invoices or credit cards,
With full payment due upon the Start Date, and
With multi-year and volume discounts available.
Educational Institutions may request limited pilot programs before district-wide deployment:
Limited to specific schools, grade levels, or teacher cohorts,
Evaluation period with full functionality (typically 30-90 days),
Data migration to full license upon approval and contract execution,
No long-term commitment required during pilot, and/or
Pilot data can be retained or deleted based on institution preference. If no preference is stated, pilot data may be deleted within 30 days following the conclusion of the pilot period unless the Institution executes a full subscription.
Subject to your compliance with these Terms, you may access and use our Services for legitimate educational purposes, including:
Logging student behaviors in real-time during classroom instruction,
Tracking behavioral patterns over time,
Receiving AI-powered coaching insights and recommendations,
Managing student rosters and class assignments,
Exporting behavior data for parent-teacher conferences, and
Collaborating with colleagues on classroom management strategies (within same institution).
You may NOT use our Services for any illegal, harmful, or abusive activity.
Specifically, you may not:
Legal and Rights Violations
Use our Services in a way that infringes, misappropriates, or violates anyone’s intellectual property, privacy, or other legal rights; Violate any applicable laws, regulations, or third-party rights; or Use the Services for any unlawful purpose.
Harmful Conduct
Use our Services for threats, abuse, intimidation, harassment, violence, defamation, coercion, fraud, or illicit or malicious activities; Use the Services to harm, endanger, exploit, groom, sexualize, or expose a child or minor to age-inappropriate content; Share Student Data with unauthorized third parties; or Use Student Data for purposes unrelated to education.
Professional Boundaries
Use our Services to provide advice that requires a license (medical, psychological, legal) without involvement of a licensed professional; Make high-stakes decisions about students based solely on AI recommendations without human professional judgment; or Share sensitive Student Data publicly or on social media.
Privacy Violations
Compromise or violate the privacy rights of students, parents, or others without consent; Share login credentials with unauthorized persons; or Access Student Data you don’t have legitimate educational interest in.
Technical Restrictions
Modify, copy, lease, sell, or distribute any of our Services; Attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law); Automatically or programmatically extract data or Output (web scraping, automated bots); or Use automated tools to create accounts or access the Services.
Misrepresentation
Represent that AI-generated Output was human-generated when it was not; falsify your credentials or professional affiliation; or impersonate another teacher or administrator.
Service Interference
Interfere with or disrupt our Services, including circumventing rate limits or restrictions; Bypass any protective measures or safety mitigations we implement; Attempt to gain unauthorized access to our systems or other users’ accounts; or Introduce viruses, malware, or other malicious code.
Competitive Use
Use Output to develop competing educational technology products; Reverse engineer our AI coaching algorithms; or train competing machine learning models using our Output.
We reserve the right to:
Investigate any suspected violations of these Terms,
Remove or disable access to Content that violates these Terms,
Suspend or terminate accounts of users who violate these Terms,
Report illegal activity to law enforcement, and/or
Cooperate with law enforcement investigations.
If you become aware of violations of these Terms, please report them to:
Email: hello@brighterbalance.app,
Subject: "Terms Violation Report",
Include: Description of violation, user involved (if known), evidence (screenshots, etc.).
During beta testing and limited access periods, the Services may be provided free of charge with a valid invite code or proposal. We reserve the right to transition to paid pricing at any time with advance notice.
For paid subscriptions invoicing:
You will provide complete and accurate billing information, including a valid payment method.
For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel in writing.
Taxes, including exemptions and related reimbursement obligations, are addressed in Section 19.9.
Failed Payments: If your payment cannot be completed, we may immediately send payment reminder notifications, suspend your access to the Services until payment is received, or terminate your access to the Services.
Pricing will be based on:
Individual Teachers: Per-teacher monthly or annual subscriptions.
Educational Institutions: Per-teacher, per-administrator, or site license pricing in accordance with the Subscription Agreement as set forth in Section 17.
Public Institution Renewal. For public Educational Institutions where automatic renewal of multi-year subscription obligations is restricted by applicable law or institutional policy, renewal shall occur only upon written confirmation, renewed Proposal, or other written acknowledgment by an authorized Institution representative prior to the renewal date, and the automatic-renewal and auto-billing provisions of Section 19.7 will not apply. The initial License Period for such Institutions will be presumed to be one (1) year unless a longer term is expressly stated in the Proposal and supported by a Multi-Year Subscription Fund Out provision.
Cancellation: You can cancel your paid subscription at any time through: Account Settings > Billing > Cancel Subscription - Email to hello@brighterbalance.app, subject to the renewal-cancellation timing requirement in Section 19.7.
Refunds: Payments are non-refundable, except as expressly provided in these Terms (including Section 23.1) or as required by applicable law.
Upon cancellation:
Your subscription remains active until the end of your current billing period.
You will not be charged for subsequent billing periods.
You retain access to the Services until the end of your paid period.
You may export your Student Data before the subscription ends.
We may change our prices from time to time.
If we increase subscription prices, We will give you at least 30 days advance notice. Price increases take effect on your next renewal date, and You can cancel before the renewal if you do not agree to the price increase. Current subscribers will be grandfathered at their existing rate for a reasonable period.
Notification of price changes will be sent via email to your registered address, in-app notification, or via posted notice on our website.
If you choose to delete your account or Student Data, we cannot provide refunds for unused subscription time.
Automatic Renewal Disclosure
Paid subscriptions renew automatically unless canceled before the renewal date or this provision is not permitted by applicable law. You will receive advance written or electronic notice of renewal terms and may cancel by providing written notice of cancelation at least thirty (30) days prior to your renewal date to avoid future charges.
If a Proposal for an Educational Institution that is a public school, school district, or other governmental entity establishes a License Period of more than one (1) fiscal year, the Institution’s payment obligation for each fiscal year after the first is contingent upon, and subject to, the lawful appropriation, allocation, or other availability of funds for the Services for that fiscal year. The Institution will use commercially reasonable efforts to obtain such appropriation in the ordinary course of its budget process and to give BrighterBalance written notice no later than sixty (60) days after the Institution becomes aware that funds have not been or will not be appropriated for any subsequent fiscal year covered by the Proposal. Upon receipt of a non-appropriation notice, the Subscription Agreement will terminate as of the last day of the fiscal year for which funds were appropriated, without further liability of either party except for (i) Fees accrued and unpaid as of the effective date of termination, (ii) the Institution’s obligations regarding return or deletion of BrighterBalance Confidential Information, and (iii) provisions that by their nature survive termination under Section 26.13. Limitations. This Section 19.8 (a) applies only to public Educational Institutions and only where required by applicable law or institutional policy that prohibits multi-year financial obligations beyond appropriated funds; (b) does not apply to any obligation that has accrued prior to the effective date of termination; (c) does not entitle the Institution to a refund of Fees previously paid; and (d) may be invoked only as a result of a genuine non-appropriation, not as a substitute for termination for convenience or to avoid an obligation already incurred. The Institution will not invoke non-appropriation if it has appropriated funds for substantially similar services from a competing vendor for the same fiscal year.
All Fees are exclusive of taxes. You are responsible for all sales, use, value-added, gross receipts, excise, and similar transaction taxes, duties, and assessments imposed on or measured by the Fees or by your purchase or use of the Services, together with any related interest and penalties, excluding only taxes based on BrighterBalance’s net income, franchise, property, or employment. We may calculate, charge, and collect such taxes, and may invoice you for any such taxes later determined to be due, including for prior periods.
Exemption. If you claim exemption from any such tax, you must provide a valid and current exemption or direct-pay certificate acceptable to the applicable taxing authority before the applicable invoice date, and must promptly notify us if that certificate expires, is revoked, or ceases to apply to the Services. We may charge and collect tax until we receive an acceptable certificate. You will reimburse us for any tax, interest, and penalty assessed against BrighterBalance as a result of a claimed exemption that is disallowed, or of a certificate that is invalid, expired, or inapplicable to the Services.
Nature of obligation. Amounts payable under this Section 19.9 are payment obligations and are not damages. They are not subject to the limitations in Section 22.1 or the cap in Section 22.2, and this Section 19.9 survives termination or expiration of the Subscription Agreement.
You are free to stop using our Services at any time by:
Simply stopping use of the Services,
Deleting your account (Account Settings > Delete Account), or
Contacting us at hello@brighterbalance.app to request account closure.
Effect of Your Termination:
Access to Services ends immediately (or at end of paid period)
You should export your Student Data before terminating as Student Data is deleted within 90 days (see Section 14)
No refunds for prepaid subscription time.
We reserve the right to suspend or terminate your access to the Services or delete your account if we determine:
(a) Terms Violation: You have breached these Terms, including: Acceptable Use violations (Section 18), Unauthorized sharing of Student Data, Fraudulent activity, or Security violations.
(b) Legal Compliance: We must suspend or terminate your access to comply with applicable law, legal process, or governmental request.
(c) Risk or Harm: Your use of our Services could cause risk or harm to: BrighterBalance, our personnel, or our systems, other users of the Services, Students or Educational Institutions, or the integrity or security of the Services.
(d) Inactive Accounts: Your account has been inactive for over 12 months, and you do not have a paid subscription.
Except where immediate termination is legally required or necessary to prevent material harm, BrighterBalance will provide 30 days’ written notice prior to suspension or termination of Institutional accounts, allowing the Institution to export Student Data or cure any violation.
If you believe we have suspended or terminated your account in error, you may file an appeal:
Email: hello@brighterbalance.app
Subject: "Account Termination Appeal - [Your Name]"
Include: Account email, explanation of why you believe termination was in error, supporting evidence.
Upon termination of your account:
Your access to the Services immediately ceases (or at end of paid period),
Student Data will be deleted from production systems immediately after the export period,
We may retain anonymized, aggregated data for product improvement,
These Terms continue to apply to your past use of the Services, and
The sections identified in Section 26.13, together with any other provision that by its nature should survive, will survive termination.
We are not liable for any damages or losses resulting from suspension or termination of your account, including:
Loss of access to Services,
Deletion of Student Data (after export opportunity provided),
Lost subscription fees (except refunds required by law), and/or
Disruption to your educational activities.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
To the fullest extent permitted by law, we and our affiliates and licensors make NO WARRANTIES (express, implied, statutory, or otherwise) with respect to the Services.
WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO:
Merchantability: No warranty that the Services are fit for commercial purposes.
Fitness for a Particular Purpose: No warranty that the Services will meet your specific needs.
Satisfactory Quality: No warranty regarding the quality of the Services.
Non-Infringement: No warranty that use of the Services won’t infringe third-party rights, except as expressly provided in Section 23.1.
Quiet Enjoyment: No warranty of uninterrupted or error-free use.
Accuracy: No warranty that AI-generated insights are accurate or complete.
Results: No warranty regarding outcomes from using the Services.
WE DO NOT WARRANT THAT THE SERVICES WILL BE:
Uninterrupted or available at all times,
Error-free or bug-free,
Accurate or reliable,
Secure from unauthorized access, or
Free from viruses or other harmful components.
WE DO NOT WARRANT THAT:
Your Content will be secure or not lost,
Backups will always be available,
Data will be recoverable after deletion, or
Offline data will sync successfully.
YOU ACCEPT AND AGREE THAT:
Any use of AI-generated Output from our Services is at your sole risk.
You will NOT rely on AI Output as:
A sole source of truth or factual information,
A substitute for professional educational judgment,
A means of detecting, predicting, screening for, or preventing any risk of self-harm, suicide, or harm to others (see Section 11.6),
A basis for high-stakes decisions without human review, or
Medical, psychological, or legal advice.
AI-generated insights may:
Be incomplete, incorrect, or misleading
Reflect biases in training data
Misunderstand context or nuance
Provide inappropriate recommendations.
We disclaim all warranties related to:
Third-party services integrated with BrighterBalance,
Subprocessor performance or availability,
AI service provider accuracy or reliability, and/or
Internet connectivity or device compatibility.
Features labeled as “beta,” “experimental,” or “preview”:
Are provided for testing and feedback only,
May have more bugs or errors than generally available features,
May be discontinued at any time without notice, and/or
Are not recommended for production use with critical Student Data.
Some countries and states do not allow the disclaimer of certain warranties, so some or all of the disclaimers above may not apply to you, and you may have additional rights.
In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country or state of residence.
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, OR SUBPROCESSORS WILL BE LIABLE FOR ANY:
Indirect damages,
Incidental damages,
Special damages,
Consequential damages,
Exemplary damages,
Punitive damages,
INCLUDING DAMAGES FOR:
Loss of profits or revenue,
Loss of goodwill or reputation,
Loss of data or Student Data,
Loss of use of the Services,
Business interruption,
Cost of substitute services, and/or
Emotional distress.
This applies EVEN IF we have been advised of the possibility of such damages.
OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED:
EXCEPT FOR (A) BREACHES OF CONFIDENTIALITY OBLIGATIONS AND (B) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 23.2 AND 23.3, AND (C) YOUR PAYMENT OBLIGATIONS UNDER SECTION 19 (INCLUDING YOUR OBLIGATIONS UNDER SECTION 19.9), IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SUBSCRIPTION AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID OR PAYABLE BY YOU TO BRIGHTERBALANCE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING SECTION 22.1 AND THE PRECEDING SENTENCE, EITHER PARTY’S AGGREGATE LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM A BREACH OF SUCH PARTY’S CONFIDENTIALITY OBLIGATIONS HEREUNDER WILL BE LIMITED TO ONE HUNDRED THOUSAND DOLLARS ($100,000).
This cap applies to all claims in the aggregate, not per incident.
For purposes of this Section 22, “Confidentiality Obligations” means only: (a) a party’s obligation not to use or disclose the other party’s Confidential Information except as permitted by the Subscription Agreement; and (b) BrighterBalance’s obligation to protect Student Data against unauthorized acquisition, access, use, or disclosure. A breach of Confidentiality Obligations occurs only upon actual unauthorized acquisition, access, use, or disclosure of Confidential Information or Student Data. Without limiting the foregoing, Confidentiality Obligations do not include, and no breach of Confidentiality Obligations arises from: (i) the existence of a security vulnerability, misconfiguration, or failure to implement or maintain any security measure or practice, absent actual unauthorized acquisition, access, use, or disclosure resulting therefrom; (ii) any obligation relating to Service availability, performance, uptime, or support; (iii) loss, corruption, deletion, or unavailability of data or Content (Section 15); (iv) the content, accuracy, completeness, or use of any AI Output (Section 11); or (v) any administrative, training, audit, certification, documentation, or subprocessor-management obligation, absent actual unauthorized acquisition, access, use, or disclosure resulting therefrom. All matters described in clauses (i) through (v) remain subject to the exclusion of damages in Section 22.1 and the liability cap in the first sentence of this Section 22.2.
The limitations in this Section 22 apply:
Under any legal theory (contract, tort, negligence, strict liability, statute, or otherwise),
Regardless of whether BrighterBalance has been advised of the possibility of such damages, and/or
Even if a remedy fails of its essential purpose.
BRIGHTERBALANCE’S AFFILIATES, SUPPLIERS, LICENSORS, SUBPROCESSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS LIMITATION OF LIABILITY SECTION.
This means they also receive the protection of these liability limitations.
Some countries and states do not allow the limitation of certain damages, so some or all of the limitations above may not apply to you, and you may have additional rights.
In that case, these Terms only limit our responsibilities to the maximum extent permissible in your jurisdiction.
You acknowledge that:
These liability limitations are a fundamental element of the basis of the bargain between you and BrighterBalance,
We would not provide the Services without these limitations,
These limitations allocate risk fairly between the parties, and
The fees you pay (if any) reflect these liability limitations.
Subject to the terms of Section 22 (Limitation of Liability) and the conditions of Section 23.4, BrighterBalance will defend, indemnify, and hold harmless an Educational Institution Customer from and against any loss, damage, settlement amounts, or costs (including reasonable attorneys’ fees) finally awarded against the Institution by a court of competent jurisdiction or paid in settlement approved by BrighterBalance, in each case in connection with a third-party claim alleging that the Services, as provided by BrighterBalance and used by the Institution in accordance with the Subscription Agreement, infringe a valid and enforceable United States patent, copyright, or trademark of a third party (an “Infringement Claim”). Exclusions. BrighterBalance will have no obligation under this Section 23.1 to the extent an Infringement Claim arises out of or relates to: (a) modification of the Services by anyone other than BrighterBalance; (b) the Institution’s combination of the Services with any other software, hardware, data, content, or service not provided or authorized by BrighterBalance; (c) use of the Services not in accordance with the Subscription Agreement, the Documentation, or BrighterBalance’s written instructions; (d) Content, Input, Customer Data, or Student Data; (e) the Institution’s continued use of the Services after BrighterBalance has provided a non-infringing or modified version, or after BrighterBalance has notified the Institution to discontinue use; (f) third-party hardware, third-party software, or third-party services (including AI service providers and Subprocessors), each of which is governed by its own license and indemnity terms; or (g) specifications or content provided by the Institution. Mitigation Options. If the Services become, or in BrighterBalance’s reasonable opinion are likely to become, the subject of an Infringement Claim, BrighterBalance may, at its option and expense: (i) procure for the Institution the right to continue using the affected Services; (ii) modify or replace the affected Services so they become non-infringing while remaining substantially functionally equivalent; or (iii) terminate the Subscription Agreement as to the affected Services and refund any prepaid fees attributable to the unused portion of the License Period. Sole and Exclusive Remedy. THIS SECTION 23.1 STATES BRIGHTERBALANCE’S ENTIRE LIABILITY, AND THE INSTITUTION’S SOLE AND EXCLUSIVE REMEDY, FOR ANY INFRINGEMENT CLAIM OR ALLEGED INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS BY THE SERVICES.
If you are using the Services as an individual teacher, you agree to indemnify and hold harmless BrighterBalance, our affiliates, and our personnel from third-party claims arising out of:
Your violation of these Terms,
Your unauthorized use of Student Data,
Your violation of applicable laws (FERPA, COPPA, state laws), and
Content you submit that infringes third-party rights.
to the extent permitted by law.
If you are a business, organization, school, or school district, to the extent permitted by law, you will indemnify and hold harmless BrighterBalance, our affiliates, and our personnel from and against any:
Costs,
Losses,
Liabilities, and
Expenses (including reasonable attorneys’ fees),
Arising from third-party claims relating to:
Your use of the Services or Content,
Violation of these Terms,
Violation of applicable laws or regulations,
Infringement of third-party intellectual property or privacy rights,
Unauthorized disclosure of Student Data by your personnel,
Any actual or alleged failure to maintain or follow your student-safety, suicide-prevention, threat-assessment, mandated-reporting, or crisis-response policies or protocols, or any use of or reliance on AI Output in violation of Section 11,
Failure to obtain necessary parental consents, and
Disputes with your employees regarding account access or data ownership.
Nothing in this Section is intended to require any public Educational Institution to indemnify BrighterBalance beyond the limits permitted by applicable law.
If we seek indemnification from you:
We will provide you written notice of the claim;
You will have the right to control the defense and settlement of the claim, provided you first acknowledge your indemnification obligation in writing and that counsel you select is reasonably acceptable to us;
We will cooperate with your defense (at your expense);
You will not settle any claim without our prior written consent if the settlement imposes obligations on us or admits wrongdoing on our behalf; and
We reserve the right to participate in the defense at our own expense.
YOU AND BRIGHTERBALANCE AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
These provisions affect your legal rights. Please read carefully.
You and BrighterBalance agree to resolve any claims arising out of or relating to these Terms or our Services (a “Dispute”) through final and binding arbitration, regardless of when the claim arose, even if it was before these Terms existed, except as provided in Section 24.11 for public Educational Institutions.
You may opt out of arbitration by notifying us in writing within:
30 days of account creation, OR
30 days after any updates to these arbitration terms take effect.
To opt out, send written notice to: Email: hello@brighterbalance.app - Subject: “Arbitration Opt-Out” - Include: Your name, email address, account creation date.
If you opt out: The last set of agreed upon arbitration terms will apply. You may pursue claims in court instead of arbitration. The rest of these Terms remain in effect.
We would like to understand and try to address your concerns prior to formal legal action.
Before either of us files a claim, we both agree to try to resolve the Dispute informally:
You must send us written notice:
Email: hello@brighterbalance.app
Subject: "Dispute Notice - [Brief Description]"
Include: Your name, account email, description of dispute, desired resolution.
We will send you notice to the email address associated with your account.
We will attempt to resolve the Dispute informally for 60 days.
Either party may request an individual settlement conference during this period, and both parties agree to attend.
Statute of limitations tolled during this informal resolution process.
If we cannot resolve the Dispute within 60 days, either party may commence arbitration.
Pre-Litigation Mediation for Educational Institutions. For Educational Institution Customers exempt from arbitration under Section 24.11, in addition to the informal dispute resolution process above, the parties shall engage in good-faith mediation administered by a mutually agreed mediator (or, failing agreement, a mediator selected by the American Arbitration Association under its Commercial Mediation Procedures) within sixty (60) days following service of a written notice of dispute, before either party may file a court action. Each party shall bear its own costs of mediation; the mediator’s fees shall be split equally. The mediation requirement does not preclude either party from seeking immediate injunctive or equitable relief in a court of competent jurisdiction to prevent or restrain a breach of confidentiality, intellectual property infringement, unauthorized access, or other irreparable harm.
If informal resolution fails, either party may commence arbitration with:
National Arbitration and Mediation (NAM)
Under NAM’s: - Comprehensive Dispute Resolution Rules and Procedures, AND/OR - Supplemental Rules for Mass Arbitration Filings (if applicable)
Available at: https://www.namadr.com/resources/rules-fees-forms/
Federal Arbitration Act:
The activities described in these Terms involve interstate commerce, and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration proceedings.
Arbitrator: The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Georgia.
Hearing Format: The arbitration will be conducted by videoconference if possible. If the arbitrator determines an in-person hearing is necessary, the location will be mutually agreed upon or as determined by the arbitrator.
Arbitrator Authority: The arbitrator has exclusive authority to resolve any Dispute, except that State or federal courts of Gwinnett County, Georgia have authority to determine the enforceability or validity of the class action waiver and requests for public injunctive relief. The arbitrator has authority to grant motions dispositive of all or part of any Dispute. The arbitrator may award any relief available in court.
Settlement Offers: Settlement offer amounts will not be disclosed to the arbitrator until after the arbitrator determines the final award (if any).
Costs: BrighterBalance will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous - NAM fees will be allocated according to NAM rules - Each party bears its own attorneys’ fees unless the arbitrator awards them.
This Section 24 does NOT require informal dispute resolution or arbitration of:
Individual claims brought in small claims court (if they remain in small claims court),
Injunctive or equitable relief to stop unauthorized use or abuse of the Services, or
Intellectual property infringement or misappropriation claims.
These claims may be brought in state or federal court.
YOU AND BRIGHTERBALANCE AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.
Class arbitrations, class actions, and representative actions are PROHIBITED.
You and BrighterBalance agree:
Disputes may NOT be brought as a plaintiff or class member in any purported:
Class action,
Consolidated action, or
Representative proceeding.
Only individual relief is available.
The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims.
This does NOT prevent either party from participating in a class-wide settlement.
YOU AND BRIGHTERBALANCE KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or relating to these Terms or the Services.
If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, EXCEPT: If a finding of partial illegality or unenforceability would allow a Class arbitration, a Class action, or representative action, then this entire Dispute Resolution section will be unenforceable in its entirety, and Disputes will be resolved in court.
For public schools and government entities, mandatory arbitration may be unenforceable under state law or institutional policy.
For public schools, districts, or government entities prohibited by law from arbitration, this Section does not apply. Instead, Disputes shall be resolved exclusively in state or federal courts located in Gwinnett County, Georgia. This clause replaces the arbitration provisions in their entirety for such entities.
We comply with the Digital Millennium Copyright Act (DMCA) and respond to valid notices of copyright infringement.
If you believe that your intellectual property rights have been infringed, please send notice to:
BrighterBalance, LLC DMCA Agent
PO Box 3243
Duluth, GA 30096
Email: hello@brighterbalance.app
Subject: “DMCA Copyright Infringement Notice”.
Written claims concerning copyright infringement must include:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest,
A description of the copyrighted work that you claim has been infringed upon,
A description of where the allegedly infringing material is located on our Services (URLs or specific location information so we can find it),
Your address, telephone number, and email address,
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and
A statement by you, under penalty of perjury, that:
The above information in your notice is accurate, AND
You are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon receiving a valid DMCA notice, we may:
Remove or disable access to the allegedly infringing content,
Notify the user who posted the content,
Terminate accounts of repeat infringers where appropriate, or
Preserve the content for potential legal proceedings.
If you believe your content was removed in error, you may file a DMCA counter-notice containing:
Your physical or electronic signature,
Identification of the content that was removed and its previous location,
A statement under penalty of perjury that you have a good faith belief that the content was removed by mistake or misidentification,
Your name, address, telephone number, and email address,
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Gwinnett County, Georgia if outside the U.S.), and
A statement that you will accept service of process from the person who filed the original DMCA notice.
We will terminate accounts of users who are repeat copyright infringers where appropriate, in accordance with our repeat infringer policy.
The availability of user-generated Content on our Services does not indicate our endorsement of or agreement with that Content.
You may not assign or transfer any rights or obligations under these Terms, and any attempt to do so will be void.
We may assign our rights or obligations under these Terms to any affiliate or subsidiary, any successor in interest, or any party in connection with a merger, acquisition, or sale of assets.
We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time.
Changes: For changes: Changes are effective as soon as we post them to our website and We will update the “Effective Date” at the top of these Terms. We may provide notice within the product, on our website or via your registered email, but are not required to do so and may not do so. Notwithstanding the foregoing, if we make a material change to Section 24, we will provide notice by email to your registered address or by in-product notice, and the opt-out period in Section 24.3 will run from the date that notice is given.
Service Changes: We may update, modify, or discontinue features of the Services at any time without notice. New features may be added at any time, and existing features may be modified or removed at any time without notice.
Your Responsibility: You are responsible for: Reviewing these Terms periodically; Checking for updates before continued use; and Ensuring you understand and agree to the current Terms.
Our failure to enforce a provision is not a waiver of our right to do so later.
If we do not immediately act on a violation, it does not mean: - We waive our right to enforce the provision - We accept or condone the violation - We cannot enforce the provision in the future.
All rights and remedies are cumulative and not exclusive.
If any portion of these Terms is determined to be invalid or unenforceable, that portion will be:
Enforced to the maximum extent permissible under applicable law,
Reformed to be enforceable to the extent possible, or
Severed if it cannot be reformed.
The remaining provisions will remain in full force and effect.
The Subscription Agreement, consisting of the Order and these Terms of Use, is the entire and exclusive agreement between you and BrighterBalance with respect to the Services, and supersedes all prior and contemporaneous agreements, proposals, representations, advertisements, and communications, whether written or oral, regarding the Services. You have not relied on any statement, promise, or representation that is not expressly set forth in these Terms or the applicable Order. For Educational Institutions, Section 17.4 also applies and, in the event of any conflict with this Section 26.5, Section 17.4 controls. Nothing in this Section 26.5 limits liability for fraud or fraudulent misrepresentation, or waives any right that cannot be waived under applicable law.
The Subscription Agreement and any Disputes arising under or related to it will be governed by the internal laws of the State of Georgia, without regard to its conflict of laws principles. If you are a public Educational Institution or other governmental entity that is prohibited by applicable law from agreeing to the governing law of another state, the Subscription Agreement and any Disputes arising under or related to it will instead be governed by the internal laws of the State in which you are located, without regard to its conflict of laws principles, solely to the extent of that prohibition.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Except as provided in the Dispute Resolution section (Section 24), and subject to the public-institution exception below, all claims arising out of or relating to the Subscription Agreement will be brought exclusively in:
The federal courts located in Gwinnett County, Georgia, OR
The state courts located in Gwinnett County, Georgia.
You consent to the personal jurisdiction of these courts.
These Terms are drafted in English. Any translations are provided for convenience only. In the event of conflict between an English version and a translation, the English version controls.
No waiver of any term or condition of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Section headings are for convenience only and do not affect the interpretation of these Terms.
You and BrighterBalance are independent contractors. These Terms do not create a partnership, joint venture, employment relationship, agency relationship, or Franchise relationship.
We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including: - Acts of God (natural disasters, epidemics) - War, terrorism, or civil unrest - Government actions or regulations - Strikes or labor disputes - Internet or telecommunications failures - Third-party service provider failures.
The following sections survive termination of these Terms:
Section 6: Student Data Protection,
Section 9: Ownership of Student Data and Behavior Logs,
Section 10: Content Ownership and Intellectual Property,
Section 11: AI-Generated Insights and Accuracy,
Section 12: Third-Party Service Providers and Subprocessors,
Section 13: Data Security,
Section 14: Data Retention,
Section 15: Data Loss Disclaimer,
Section 19: Payment Terms (including Section 19.9),
Section 21: Warranties and Disclaimers,
Section 22: Limitation of Liability,
Section 23: Indemnification,
Section 24: Dispute Resolution,
Section 25: Copyright and Intellectual Property, and
Section 26: General Terms.
Notices to BrighterBalance. All legal notices to BrighterBalance under these Terms or the Subscription Agreement (including notices of breach, indemnification claims, termination, dispute resolution, and assignment) must be in writing and sent to: BrighterBalance, LLC, Attn: Legal Department, hello@brighterbalance.app, with a copy by U.S. mail or recognized overnight courier to the registered office of BrighterBalance, LLC then on file with the Georgia Secretary of State. Notice is effective on the earlier of (i) actual receipt and (ii) the second business day after deposit with the courier or transmission of the email, in each case provided that BrighterBalance has not bounced or rejected the email. Routine operational communications (such as account, billing, and support inquiries) may be sent through the in-product support channel or the customer-support email then designated by BrighterBalance and are not subject to this Section 26.14.
Notices to You. BrighterBalance may give you notice by email to the address associated with your account, by posting a notice in the Services, or, for Educational Institutions, by sending notice to the data privacy officer or other authorized contact identified in the Proposal. Email notice is effective on transmission, and posted notice is effective when posted. You are responsible for keeping your account contact information current.
The Services and any related software, documentation, and AI Output are “commercial computer software,” “commercial computer software documentation,” and “commercial items” as those terms are defined in 48 C.F.R. § 2.101, 48 C.F.R. § 12.212, and 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, any use, modification, reproduction, release, performance, display, or disclosure of the Services by or on behalf of the United States Government or any agency or instrumentality thereof, or by any contractor or subcontractor at any tier acquiring the Services on behalf of the United States Government, will be governed solely by the terms of these Terms and the Proposal, and the United States Government acquires only those rights in the Services that are granted to all other users under these Terms. The Services are commercial-off-the-shelf items and BrighterBalance does not provide them under FAR Part 15 cost-or-pricing data requirements, will not accept Government-unique terms or clauses (including FAR/DFARS flow-downs) that conflict with these Terms unless expressly accepted in writing by an authorized BrighterBalance signatory in the Proposal, and does not consent to incorporation of any FAR/DFARS clauses by operation of law or by reference. This Section 26.15 controls over any conflicting Government-form terms, purchase orders, or solicitation documents.
You and BrighterBalance consent to conduct business electronically. A Proposal, Online Order, addendum, or other document under the Subscription Agreement may be executed and delivered by electronic signature or electronic transmission, and any such electronic signature constitutes a signed writing for all purposes, including under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Georgia Uniform Electronic Transactions Act. Your acceptance of these Terms by creating an account, clicking “I Agree” or a similar affirmation, placing an Online Order, or using the Services constitutes your electronic signature and your agreement to be bound by these Terms and the applicable Order. Records of your acceptance maintained by BrighterBalance in the ordinary course of business are admissible to the same extent as an original paper record.
Acceptance and Acknowledgment
By creating a BrighterBalance account, clicking “I Agree,” or using the Services, you acknowledge that:
You have read and understood these Terms of Use
You agree to be bound by these Terms
You have the authority to enter into these Terms (individually or on behalf of your Institution)
You will comply with all applicable laws, including FERPA and state student privacy laws
You understand the limitations and disclaimers regarding AI-generated insights
You will use the Services only for legitimate educational purposes
You will protect Student Data and maintain appropriate security measures
If you do not agree to these Terms, you may not use the Services.
Thank you for reading our Terms of Use.
Last Updated: August 20, 2026 | Version: 3.3
END OF TERMS OF USE
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