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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, L.L.C., 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.
Official Contact Information
Website: brighterbalance.app
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
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)
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
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
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
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, improve, or develop artificial intelligence models or machine learning systems
Amass dossiers on students beyond what is necessary to provide educational Services
We Will ALWAYS:
Encrypt Student Data in transit (TLS 1.3) and at rest (AES-256)
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
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
Enforcing these Terms and protecting safety and security
Data We Collect:
Student names (or teacher-assigned identifiers)
Behavior logs (type, timestamp, notes)
Class assignments
Optional avatar colors
Data We Do NOT Collect:
Student date of birth
Student addresses or contact information
Student Social Security numbers
Student photographs (only color avatars)
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.
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.
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
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.
When Student Data is collected by teachers acting on behalf of an Educational Institution, the collection is subject to FERPA rather than the Children's Online Privacy Protection Act ("COPPA"), provided the Educational Institution has obtained appropriate parental consent.
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
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
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
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
Return or destroy any exported Student Data as directed by the Institution
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.
We will NEVER:
Use 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
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, and technology
The BrighterBalance name, logo, and branding
All improvements and derivative works we create
Anonymized, aggregated datasets we create
You may only use our name and logo with our prior written permission.
BrighterBalance uses artificial intelligence (specifically, Anthropic's Claude language models via Vercel AI Gateway) to generate coaching insights, behavioral pattern analysis, and recommended interventions.
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
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, or parent communications about serious concerns.
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 Services use artificial intelligence provided by Anthropic (Claude language models) via Vercel AI Gateway to generate coaching insights and behavioral pattern analysis.
What Data is Shared:
Anonymized behavioral patterns only
Coaching prompts
We do NOT share:
Student names
Student IDs or identifiers
Other personally identifiable information about students
Contractual Protections: We maintain Data Processing Agreements with all AI service providers 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.
Email communications (account notifications, password resets) are sent via Resend.
IMPORTANT: We do NOT send Student Data via email.
Emails contain only: Teacher contact information, account administrative messages, password reset links, or general platform notifications. Behavior logs, student names, and Student Data are never transmitted via email.
We implement reasonable administrative, technical, and physical security measures to protect Student Data and your account.
Technical Safeguards
Encryption in transit using TLS 1.3
Encryption at rest using AES-256
Secure authentication using OAuth 2.0
Optional two-factor authentication (2FA)
Regular security vulnerability scanning
Web application firewall (WAF)
Distributed denial of service (DDoS) protection
Row Level Security (RLS) in database
Administrative Safeguards
Employee background checks for personnel with data access
Confidentiality agreements for all personnel
Role-based access controls (RBAC)
Regular security training for staff
Documented incident response procedures
Annual security policy reviews
Vendor security assessments
Physical Safeguards
Data centers with 24/7 security monitoring (via Supabase/Vercel)
Redundant power and network connections
Fire suppression systems
Restricted physical access controls
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 entirely eliminated, and you assume some risk when transmitting data over the internet.
If you suspect a security incident or unauthorized access, immediately:
1. Change your password
2. Log out of all devices (Account Settings > Security > Log Out All Devices)
3. Contact us at hello@brighterbalance.app with subject line "SECURITY INCIDENT"
4. Report to your institution's IT security team
5. Document what you observed
In the event of a confirmed data breach involving Student Data, BrighterBalance will notify affected Educational Institutions without unreasonable delay and no later than 30 days after confirmation, unless a shorter timeline is required by applicable state law.
We retain Student Data for as long as your account is active or as needed to provide Services to your Educational Institution.
Active Accounts
Student Data retained indefinitely while account is active and in use.
Inactive Accounts
Accounts with no activity for 12+ months may be deleted with 30 days advance notice.
Deleted Accounts
Student Data deleted from production systems immediately upon account deletion.
Backup Deletion
Student Data removed from backup systems within 90 days of deletion.
Archived Students
Individual student records marked as archived remain accessible for 3 years, then eligible for deletion.
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
Law enforcement request
Affected users and institutions will be notified when legally permissible.
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
Factory resets without prior sync
You are responsible for ensuring offline data is synced regularly.
In addition to federal FERPA requirements, BrighterBalance complies with applicable state student privacy laws, including but not limited to:
California: AB 1584 (Student Online Personal Information Protection Act)
New York: Education Law 2-d (Parent Bill of Rights for Data Privacy and Security)
Colorado: HB 16-1423
Connecticut: SB 1266
Illinois: Student Online Personal Protection Act (SOPPA)
Maryland: SB 267
Texas: HB 2087
Washington: HB 1047 (Student User Privacy in Education Rights)
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.
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 a DPA for your district:
Email: hello@brighterbalance.app
Subject: "Institutional Services Request - [Institution Name]"
Include: Institution name, district size, number of schools, anticipated teacher count.
Educational Institutions using BrighterBalance are responsible for:
Parental Consent: Obtaining any necessary parental consents under FERPA, COPPA, and applicable state laws before teachers use the Services with Student Data
Teacher Training: Ensuring teachers receive adequate training on proper use of the Services, student privacy requirements, and security best practices
Acceptable Use Policies: Maintaining and enforcing acceptable use policies that govern teacher use of the Services in compliance with institutional policies
Data Stewardship: Designating a data steward, privacy officer, or technology director responsible for responding to parental data requests and coordinating with BrighterBalance on compliance matters
Vendor Management: Conducting appropriate due diligence and security reviews before deploying the Services
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
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.
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; or automatically or programmatically extract data or Output.
Service Interference
Interfere with or disrupt our Services, including circumventing rate limits or restrictions; bypass any protective measures or safety mitigations we implement; or attempt to gain unauthorized access to our systems or other users' accounts.
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
Cooperate with law enforcement investigations
During beta testing and limited access periods, the Services may be provided free of charge with a valid invite code. 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
You are responsible for all applicable taxes, and we will charge tax when required by law
Cancellation: You can cancel your paid subscription at any time through Account Settings > Billing > Cancel Subscription or email to hello@brighterbalance.app.
Refunds: Payments are non-refundable, except where required by 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
Automatic Renewal Disclosure
Paid subscriptions renew automatically unless canceled before the renewal date. You will receive advance written or electronic notice of renewal terms and may cancel at any time prior to renewal to avoid future charges.
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)
Contacting us at hello@brighterbalance.app to request account closure
We reserve the right to suspend or terminate your access to the Services or delete your account if we determine:
Terms Violation: You have breached these Terms, including Acceptable Use violations, unauthorized sharing of Student Data, fraudulent activity, or security violations
Legal Compliance: We must suspend or terminate your access to comply with applicable law, legal process, or governmental request
Risk or Harm: Your use of our Services could cause risk or harm to BrighterBalance, other users, students, or Educational Institutions
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.
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)
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
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
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 basis for high-stakes decisions without human review, or medical, psychological, or legal advice.
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, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR 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, 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:
The greater of: The amount you paid for the Services that gave rise to the claim during the 12 months before the liability arose, OR one hundred dollars ($100).
This cap applies to all claims in the aggregate, not per incident.
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.
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, 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.
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 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 hello@brighterbalance.app with subject "Arbitration Opt-Out" including your name, email address, and account creation date.
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. Send written notice to hello@brighterbalance.app with subject "Dispute Notice - [Brief Description]" including your name, account email, description of dispute, and desired resolution. We will attempt to resolve the Dispute informally for 60 days.
YOU AND BRIGHTERBALANCE AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.
Class arbitrations, class actions, and representative actions are PROHIBITED. 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.
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.
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.
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, send notice to:
BrighterBalance, LLC DMCA Agent
PO Box 3243, Duluth, GA 30096
Email: hello@brighterbalance.app
Subject: "DMCA Copyright Infringement Notice"
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
Preserve the content for potential legal proceedings
We will terminate accounts of users who are repeat copyright infringers where appropriate, in accordance with our repeat infringer policy.
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 are effective as soon as we post them to our website and we will update the "Effective Date" at the top of these Terms. You are responsible for reviewing these Terms periodically and ensuring you understand and agree to the current Terms.
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.
These Terms and any Disputes will be governed by the laws of the State of Georgia, without regard to its conflict of laws principles. 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), all claims arising out of or relating to these Terms 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.
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, and 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 13: Data Security
Section 14: Data Retention
Section 21: Warranties and Disclaimers
Section 22: Limitation of Liability
Section 23: Indemnification
Section 24: Dispute Resolution
Section 25: Copyright and Intellectual Property
Section 26: General Terms
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: November 12, 2025 | Version: 2.0
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