Terms and Conditions
Last Updated: January 2024
1. Agreement to Terms
Welcome to Brighten Academy ("Company," "we," "our," "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at your-domain.com (the "Site") and all related services, features, and content provided by Brighten Academy.
By accessing or using our Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Site or use our services.
2. Definitions
For purposes of these Terms:
- "User," "you," "your" refers to any individual or entity accessing or using the Site.
- "Content" means all text, images, videos, audio, software, and other materials available on the Site.
- "Services" refers to all educational courses, resources, and functionalities provided through the Site.
- "Account" means a unique account created for you to access our Services.
3. User Accounts and Registration
3.1 Account Creation
To access certain features of our Services, you must register for an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use or security breach
3.2 Account Eligibility
You must be at least 18 years old to create an account. If you are under 18, you may use our Services only with parental or guardian consent and supervision.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time for violations of these Terms or any applicable law.
4. User Obligations and Conduct
4.1 Acceptable Use
You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable local, national, or international law
- Infringe upon intellectual property rights of any party
- Transmit any harmful, threatening, abusive, or defamatory content
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the Site or servers
- Attempt to gain unauthorized access to any portion of the Site
- Use automated systems to access the Site without permission
- Collect or harvest user information without consent
4.2 Prohibited Uses
The following activities are strictly prohibited:
- Distributing viruses, malware, or other harmful code
- Engaging in any form of spam or unsolicited advertising
- Sharing account credentials with unauthorized parties
- Reverse engineering or attempting to extract source code
- Using the Services for commercial purposes without authorization
- Reselling or redistributing course content or materials
5. Intellectual Property Rights
5.1 Our Intellectual Property
All Content on the Site, including but not limited to text, graphics, logos, images, videos, audio clips, software, and course materials, is the property of Brighten Academy or our licensors and is protected by Croatian and international copyright, trademark, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for personal, non-commercial educational purposes only. This license does not include:
- Commercial use or resale of any Content or Services
- Distribution, public performance, or public display
- Modification or derivative works based on Content
- Downloading (other than page caching) of Content without express permission
- Use of data mining, robots, or similar data gathering tools
5.3 User-Generated Content
By submitting content to the Site (reviews, comments, feedback), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, and display such content in connection with our Services.
5.4 Trademarks
Brighten Academy and our logos are trademarks of our company. Other trademarks, service marks, and trade names appearing on the Site are the property of their respective owners.
6. Services and Course Access
6.1 Course Enrollment
Upon enrollment in a course, you receive access subject to payment of applicable fees and compliance with these Terms. Access may be time-limited or perpetual as specified in the course description.
6.2 Course Modifications
We reserve the right to modify, suspend, or discontinue any course or Service at any time without prior notice. We may update course content to maintain accuracy and relevance.
6.3 No Guarantee of Results
While we strive to provide high-quality educational content, we make no guarantees regarding specific outcomes, achievements, or results from using our Services.
7. Payment and Refund Policy
7.1 Pricing
All prices are displayed in the currency specified on the Site. We reserve the right to modify pricing at any time. Price changes will not affect existing enrollments.
7.2 Payment Processing
Payments are processed securely through third-party payment processors. You agree to provide accurate payment information and authorize us to charge the applicable fees.
7.3 Refund Policy
Refund eligibility and procedures are governed by our separate Refund Policy. Generally, refund requests must be submitted within the specified timeframe from purchase date.
7.4 Taxes
You are responsible for all applicable taxes, duties, and government fees associated with your purchase.
8. Disclaimers and Warranties
8.1 "As Is" Basis
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2 No Guarantee of Availability
We do not warrant that the Site will be uninterrupted, secure, or error-free, or that defects will be corrected. We make no warranties regarding the accuracy, reliability, or completeness of Content.
8.3 Third-Party Links
The Site may contain links to third-party websites. We are not responsible for the content, privacy practices, or availability of external sites.
8.4 Educational Purpose
Our Services are for educational and informational purposes only and should not be considered professional advice. You should consult qualified professionals for specific guidance.
9. Limitation of Liability
9.1 General Limitations
TO THE MAXIMUM EXTENT PERMITTED BY CROATIAN LAW, BRIGHTEN ACADEMY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM:
- Your access to or use of (or inability to access or use) the Services
- Any conduct or content of any third party on the Site
- Unauthorized access, use, or alteration of your transmissions or content
- Any other matter relating to the Services
9.2 Maximum Liability
Our total liability to you for all claims arising from or relating to these Terms or the Services shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or €100, whichever is greater.
9.3 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
10. Indemnification
You agree to defend, indemnify, and hold harmless Brighten Academy and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use or misuse of the Site or Services
- Your violation of any rights of another party
- Your violation of any applicable law or regulation
11. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to our data practices as described in the Privacy Policy.
We comply with the General Data Protection Regulation (GDPR) and Croatian data protection laws.
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us or using account settings. Termination does not entitle you to refunds except as specified in our Refund Policy.
12.2 Termination by Us
We may terminate or suspend your account and access to Services immediately, without prior notice, for any reason, including but not limited to:
- Breach of these Terms
- Fraudulent, abusive, or illegal activity
- Extended periods of inactivity
- Request by law enforcement or government agencies
12.3 Effect of Termination
Upon termination, your right to access and use the Services immediately ceases. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
13. Governing Law and Jurisdiction
13.1 Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.
13.2 Jurisdiction
Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Croatia. You consent to the personal jurisdiction and venue of such courts.
13.3 European Union Users
If you are a consumer residing in the European Union, you may have additional rights under local consumer protection laws.
14. Dispute Resolution
14.1 Informal Resolution
Before initiating formal proceedings, you agree to first contact us to seek informal resolution of any dispute. Please send written notice to our contact address with a detailed description of the dispute.
14.2 Arbitration
If informal resolution fails, disputes may be resolved through binding arbitration in accordance with Croatian arbitration rules. The arbitration shall be conducted in English or Croatian at a location in Croatia.
14.3 Class Action Waiver
You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action or other representative action.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on the Site with a new "Last Updated" date
- Sending an email notification to your registered email address
- Displaying a prominent notice on the Site
Your continued use of the Site after modifications become effective constitutes acceptance of the updated Terms. If you disagree with modifications, you must discontinue use of the Services.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on the Site, constitute the entire agreement between you and Brighten Academy regarding the Services.
16.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction.
16.5 Force Majeure
We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, or technical failures.
16.6 Language
These Terms may be translated into other languages. In case of conflict between versions, the English version shall prevail.
17. Contact Information
If you have any questions, concerns, or complaints regarding these Terms, please contact us:
18. Acknowledgment
BY USING THE SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE OR SERVICES.
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