Terms & Privacy
Last updated: December 11, 2019
Get More Brain AG (“Get More Brain”) develops technologies and services designed to enable a better learning experience and lifelong learning on-the-job. We connect learners and teachers around the world and provide them with tools to collaborate efficiently; operate marketplaces, online stores and repositories for learning content; and facilitate the exchange and discussion of such learning content among our users.
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published will constitute your acceptance of such revised Terms.
Our mission is to enable a better learning experience and lifelong learning on-the-job. To help advance this mission, we provide the services described below to you; (collectively “Services“):
- Connecting You With Other Users and Service Providers. We provide ways for you to communicate and collaborate with other users including through messages, voice and video calls, videos, photos, audios and documents, showing your status, and sharing your location with others. We may provide a convenient platform that enables you to send and receive money to or from other users across our platform. Get More Brain works with partners and affiliated companies and other service providers to help us provide ways for you to connect with their services. We use the information we receive from them to help operate, provide, and improve our Services.
- Online Marketplaces, Stores and Repositories. We operate online marketplaces and stores for learning content, and you may create, save, share, sell and administer your own learning content through our platform. For all purchased or sold resources and services, we will charge or credit your credit card, debit card, or other method of payment according to the respective payment terms.
- Provide a Personalized Experience for You. We use the data we have, for example, about what you are learning and what learning material you use, to personalize the experience you have when using our Services.
- Ways To Improve Our Services. We analyze how you make use of Get More Brain, in order to improve all aspects of our Services described here. We may also work with partners, service providers, and affiliated companies to do this.
- Communicating With Businesses. We provide ways for you and third parties, like businesses, to communicate with each other using Get More Brain, such as through order, transaction, and appointment information, delivery and shipping notifications, product and service updates, and marketing. Messages you may receive containing marketing could include an offer for something that might interest you.
- Safety And Security. We work to protect the safety and security of Get More Brain by appropriately dealing with abusive people and activity and violations of our Terms. We prohibit misuse of our Services, harmful conduct towards others, and violations of our Terms and policies, and address situations where we may be able to help support or protect our community. We develop automated systems to improve our ability to detect and remove abusive people and activity that may harm our community and the safety and security of our Services.
- Enabling Global Access To Our Services. To operate our global Service, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure may be owned or operated by our service providers or affiliated companies.
Registration. When registering for our Services you must use accurate information.
Age. You must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Devices And Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications from time to time, as necessary or useful to provide our Services to you.
Fees And Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Our Terms And Policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your account, including disabling or suspending your account and, if we do, you must not create another account without our permission.
Legal And Acceptable Use. You must access and use our Services only for legal, authorized, and acceptable purposes. You will not use (or assist others in using) our Services in ways that: (a) violate, misappropriate, or infringe the rights of Get More Brain, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications, such as bulk messaging, auto-messaging, auto-dialing, and the like; or (f) involve any non-personal use of our Services unless otherwise authorized by us.
Harm To Get More Brain Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (b) send, store, or transmit viruses or other harmful computer code through or onto our Services; (c) gain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the safety, security, or performance of our Services; (e) create accounts for our Services through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; (g) sell, resell, rent, or charge for our Services in an unauthorized manner; (h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or (i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.
Keeping Your Account Secure. You are responsible for keeping your device and your Get More Brain account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services.
Our Services may allow you to access, use, or interact with third-party websites, apps, content, other products and services. When you use third-party services, their own terms and privacy policies will govern your use of those services.
Your Rights. Get More Brain does not claim ownership of the information that you submit for your Get More Brain account or through our Services. You must have the necessary rights to such information that you submit for your Get More Brain account or through our Services and the right to grant the rights and licenses in our Terms.
Get More Brain’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission.
Your License To Get More Brain. In order to operate and provide our Services, you grant Get More Brain a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services.
Get More Brain’s License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Reporting Intellectual Property Infringement. We may take action with respect to your account, including disabling or suspending your account, if you infringe the intellectual property rights of others.
WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING OUR SERVICES TO YOU AND IN KEEPING IT A SAFE, SECURE, AND ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT GET MORE BRAIN WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS.
WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES.
YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “GET MORE BRAIN PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, OR CONTROVERSY (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.
YOUR RIGHTS WITH RESPECT TO GET MORE BRAIN ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES SHALL BE LIMITED TO LOSSES THAT ARE A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH BREACH (EXCEPT IN RELATION TO DEATH, PERSONAL INJURY, OR FRAUDULENT MISREPRESENTATION) AND WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
YOUR RIGHTS WITH RESPECT TO GET MORE BRAIN ARE NOT MODIFIED BY THE FOREGOING LIMITATION IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT.
If anyone brings a claim (“Third Party Claim”) against us related to your actions, information, or content on Get More Brain, you will, to the extent permitted by law, indemnify and hold the Get More Brain Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third Party Claim. Your rights with respect to Get More Brain are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
You agree that any Claim must be resolved in a competent court in Zurich that has jurisdiction over the Claim and that the laws of Switzerland will govern these Terms and any Claim, without regard to conflict of law provisions.
Availability Of Our Services. We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of 30 days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Termination. Although we hope you remain a Get More Brain user, you can terminate your relationship with Get More Brain anytime for any reason by deleting your account.
We may also modify, suspend, or terminate your access to or use of our Services anytime for suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of your relationship with Get More Brain: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Availability and Termination of our Services,” and “Other”.
- Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding Get More Brain and our Services, and supersede any prior agreements.
- We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you may separately consent).
- Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
- Any amendment to or waiver of our Terms requires our express consent. You have the right to terminate your relationship with Get More Brain at any time by deleting your account.
- All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third party. We hope you will continue using Get More Brain, but if you do not agree to such an assignment, you must stop using our Services by deleting your account.
- You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
- Nothing in our Terms will prevent us from complying with the law.
- Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
- If we fail to enforce any of our Terms, it will not be considered a waiver.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
- We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.
- We always appreciate your feedback or other suggestions about Get More Brain and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them.
Last updated: December 11, 2019
Your Services are provided by Get More Brain AG (Get More Brain), which is also the data controller responsible for your information when you use our Services.
We know your personal information is important to you, so it’s important to us.
Get More Brain must receive or collect information to operate, provide, improve, understand, customize, support, and market our Services, including when you install, access, or use our Services.
The types of information we receive and collect depend on how you use our Services.
Information You Provide
- Your Account Information.You provide basic information (including a profile name) to create a Get More Brain account. You may also add other information to your account, such as a profile picture and about information.
- Your Messages and Learning Content.In order to provide our Services we keep your messages (including your chats, quizzes, texts to discuss, videos, photos, voice messages, files, your recordings of voice and video calls and share location information) and your learning content (including your notebooks, books and other learning material, learning progress evaluations and similar) stored on our servers or on the servers of our service providers and partners.
- Your Connections.To help you organize how you communicate with others, we may help you identify your contacts who also use Get More Brain, and you can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information.
- Your Use Of Our Payments Services.If you use our payment services available in your country, we process the corresponding purchase and transaction information.
- Customer Support.You may provide us with information related to your use of our Services, including copies of your messages, and how to contact you so we can provide you customer support. For example, you may send us an email with information relating to our app performance or other issues.
Automatically Collected Information
- Usage And Log Information.We collect information about your activity on our Services, like service-related, diagnostic, and performance information. This includes information about your activity, log files, and diagnostic, crash, website, and performance logs and reports.
- Device And Connection Information.We collect device and connection-specific information when you install, access, or use our Services. This includes information like hardware model, operating system information, battery level, signal strength, app version, browser information, and mobile network, connection information including phone number, mobile operator or ISP, language and time zone, and IP, device operations information, and identifiers like device identifiers.
- Location Information.We collect device location information if you use our location features, like when you choose to share your location with your contacts, view locations nearby or those others have shared with you, and the like, and for diagnostics and troubleshooting purposes such as if you are having trouble with our app’s location features.
- Information Others Provide About You.We receive information about you from other users and businesses. For example, when other users or businesses you know use our Services, they may provide your name, and other information, just as you may provide theirs, or they may send you a message, send messages to groups to which you belong, or call you. We require each of these users and businesses to have lawful rights to collect, use, and share your information before providing any information to us.
- Businesses On Get More Brain.Businesses you interact with using Get More Brain provide us information about their interactions with you. A business on Get More Brain may also use another company to assist it in storing, reading, and responding to your messages on behalf of and in support of that business. Please note that when businesses use third-party services, their own terms and privacy policies will govern your use of those services and their use of your information on those services.
- Third-Party Service Providers.We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services. For example, we work with companies to distribute our apps, provide our infrastructure, delivery, and other systems, supply location, map, and places information, process payments, help us understand how people use our Services, market our Services, help you connect with businesses using our Services, conduct surveys and research for us, and help with customer service. These companies may provide us information about you in certain circumstances; for example, app stores may provide us reports to help us diagnose and fix service issues.
- Third-Party Services.We allow you to use our Services in connection with third-party services. If you use our Services with such third-party services, we may receive information about you from them. Please note that when you use third-party services, their own terms and privacy policies will govern those services.
We use the information we have to operate, provide, improve, understand, customize, support, and market our Services. Here’s how:
- Our Services.We use the information we have to operate and provide our Services, including providing customer support, and improving, fixing, and customizing our Services. We understand how people use our Services and analyze and use the information we have to evaluate and improve our Services, research, develop, and test new services and features, and conduct troubleshooting activities. We also use your information to respond to you when you contact us.
- Safety And Security.We verify accounts and activity, and promote safety and security on and off our Services, such as by investigating suspicious activity or violations of our Terms, and to ensure our Services are being used legally.
- Communications About Our Services.We use the information we have to communicate with you about our Services and features and let you know about our terms and policies and other important updates. We may provide you marketing for our Services.
- Third-Party Ads.We may allow third-party ads on Get More Brain.
- Commercial Messaging.We will allow you and third parties, like businesses, to communicate with each other using Get More Brain. Messages you may receive containing marketing could include an offer for something that might interest you.
- Measurement, Analytics, And Other Business Services.We help businesses who use Get More Brain measure the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.
- Send Your Information To Those You Choose To Communicate With.You share your information (including messages) as you use and communicate through our Services.
- Account Information.Your profile information, about information, last seen information, and receipts may be available to anyone who uses our Services.
- Your Contacts And Others.Users and businesses with whom you communicate may store or reshare your information (including your phone number or messages) with others on and off our Services.
- Businesses On Get More Brain.We help businesses who use Get More Brain measure the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
- Third-Party Service Providers.We work with third-party service providers to help us operate, provide, improve, understand, customize, support, and market our Services.
- Third-Party Services.When you use third-party services that are integrated with our Services, they may receive information about what you share with them. If you interact with a third-party service linked through our Services, you may be providing information directly to such third party.
Our Legal Bases For Processing Information
We collect, use, and share the information we have as described above:
- as necessary to fulfill our Terms of Service;
- consistent with your consent, which you can revoke at any time;
- as necessary to comply with our legal obligations;
- occasionally to protect your vital interests, or those of others;
- as necessary in the public interest; and
- as necessary for our (or others’) legitimate interests, including our interests in providing an innovative, relevant, safe, and profitable service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.
How You Exercise Your Rights
Under the General Data Protection Regulation (“GDPR”) or other applicable local laws, you have the right to access, rectify, port, and erase your information, as well as the right to restrict and object to certain processing of your information. This includes the right to object to our processing of your information for direct marketing and the right to object to our processing of your information where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party. If we process your information based on our legitimate interests or those of a third party, or in the public interest, you can object to this processing, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. You can also object to our processing of your information and learn more about your options for restricting the way we use your information. Where we use your information for direct marketing for our own Services, you can always object and opt out of future marketing messages using the unsubscribe link in such communications.
We store information until it is no longer necessary to provide our services, or until your account is deleted, whichever comes first. This is a case-by-case determination that depends on things like the nature of the information, why it is collected and processed, and relevant legal or operational retention needs.
If you would like to manage, change, limit, or delete your information, we allow you to do that through the following tools:
- Changing Your Profile Name And Picture, And About Information.You can also change your profile name, profile picture, and about information at any time.
- Deleting Your Get More Brain Account.You may delete your Get More Brain account at any time (including if you want to revoke your consent to our use of your information) using our in-app delete my account feature. When you delete your Get More Brain account, any of your information we no longer need to operate and provide our Services is deleted. Please remember that when you delete your account, it does not affect the information other users have relating to you, such as their copy of the messages you sent them.
We collect, use, preserve, and share your information if we have a good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or to government requests; (b) enforce our Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of our users, or others, including to prevent death or imminent bodily harm.
Get More Brain AG
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Last updated: December 11, 2019
A cookie is a small text file that a website you visit asks your browser to store on your computer or mobile device.
- to provide Get More Brain for web and desktop and other Services that are web-based, improve your experiences, understand how our Services are being used, and customize our Services;
- to remember your choices, such as your language preferences, and otherwise to customize our Services for you.
You can follow the instructions provided by your browser or device (usually located under “Settings” or “Preferences”) to modify your cookie settings. Please note that if you set your browser or device to disable cookies, certain of our Services may not function properly.
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