Terms of Service
Effective Date: June 15, 2026
Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using briteminds.com and britemindsfamily.com (together, or individually, the “Website”) including any related services, content, assessments, reports, tutoring services, communications, and features (collectively, the “Services”) offered by BriteMinds Learning Center, Inc. (“BriteMinds,” “Company,” “us,” “we,” or “our”).
These Terms are a binding agreement between you and BriteMinds. If you are a parent or a legal guardian, you agree to these Terms for yourself and, where applicable, on behalf of any minor who uses the Services with your consent. By accessing or using the Services, creating or authorizing an account, purchasing a product or service, completing an assessment, or submitting information through the Website, you agree to these Terms. If you disagree with any part of the Terms or the Privacy Policy, then you do not have permission to access or use the Service.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH COMPANY.
Your access and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors and users who wish to access or use the Service.
Eligibility; Parent-Controlled Service; Authorized Teen Participants
The Services are intended primarily for use by parents, legal guardians, and other adults. A minor who is at least 13 years old may participate in certain Services only as an authorized minor participant with the consent of a parent or legal guardian. The parent or legal guardian must create, authorize, or approve the account or use of the Services, agree to these Terms and the Privacy Policy on behalf of the minor, and remain responsible for the minor’s use of the Services.
A minor who is at least 13 years old but under the age of majority may not independently purchase Services, independently bind BriteMinds to an agreement, or use the Services without parent or legal guardian consent. BriteMinds may require parent or legal guardian confirmation before allowing a minor to create an account, complete assessments or quizzes, use interactive tools, communicate with BriteMinds, or submit personal information.
Children under 13 years of age may not create accounts, use the Services directly, make purchases, complete assessments or quizzes, use chatbot or interactive features, or submit personal information through the website.
Parents and legal guardians may provide information about children under 13 only for parent-facing Services, reports, tutoring intake, or educational support as described in our Privacy Policy.
Parents or legal guardians may revoke consent for a minor’s participation by contacting BriteMinds. After receiving a verified request, BriteMinds may restrict a minor’s access, close the account, or delete information associated with a minor, subject to legal, security, billing, recordkeeping, and service-related requirements.
Overview of Services
BriteMinds may offer educational services, tutoring, academic support, parent resources, online assessments and questionnaires related to a child’s study habits, screen-time habits, attention patterns, learning environment, and related educational or behavioral considerations.
Certain Services may include a paid assessment or quiz that generates a score, risk level, written report, recommendations, or educational guidance based on the information submitted by a parent, legal guardian, or authorized minor participant who is at least 13 years old and has parent or guardian consent.
The Services are intended for informational, educational, and family decision-making purposes only.
BriteMinds may use automated, rule-based, algorithmic, or AI-assisted tools to help generate assessment results, risk levels, recommendations, or written reports. These tools rely on information submitted by users and are not a substitute for individualized professional judgment from a licensed medical, psychological, or therapeutic professional.
No Medical, Psychological, or Clinical Advice
BRITEMINDS DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, DIAGNOSTIC, OR CLINICAL SERVICES THROUGH THE WEBSITE, IN-PERSON MEETINGS, ASSESSMENTS, REPORTS, OR OTHER SERVICES.
Any assessment, quiz, report, score, risk level, recommendation, or related content provided through the Service is not a diagnosis, medical opinion, psychological evaluation, treatment plan, or substitute for advice from a licensed physician, psychologist, therapist, counselor, or other qualified professional.
The Service should not be used to diagnose, treat, cure, prevent, or evaluate any medical, psychological, developmental, behavioral, or mental health condition, including addiction, compulsive behavior, attention disorders, anxiety, depression, or any other condition.
If you have any concerns about your child’s health, safety, mental health, development, behavior, or well-being, you should consult a qualified professional. If you believe there is an emergency or immediate risk of harm, call 911 or seek emergency assistance.
Accounts and Security
You may be required to create an account to access certain Services. A parent or legal guardian should create or authorize any account used by a minor. You agree to provide accurate information and to keep your login credentials confidential.
You are responsible for all activity under your account. You agree to notify us promptly if you believe your account has been compromised or used without authorization.
We reserve the right to suspend or terminate accounts that we believe violate these Terms, create risk, or are used in a fraudulent, abusive, or unlawful manner.
Purchases, Payment, and Billing
Certain Services may require payment. By purchasing any paid Service, you agree to pay all listed fees, charges, taxes, and other amounts associated with the transaction.
Minors may not independently purchase Services. A parent or legal guardian must complete or approve any purchase made in connection with a minor’s use of the Services.
Payments will be processed by a third-party payment processor. We do not control and are not responsible for the payment processor’s services, terms, privacy practices, or security practices.
You represent that you are authorized to use the payment method you provide.
Refunds and Cancellations
Unless otherwise stated at the time of purchase, all fees are non-refundable once the applicable Service has been delivered, including where an assessment has been completed, a report has been generated, or tutoring services have been provided.
For scheduling tutoring sessions, cancellation and rescheduling terms may be stated separately at the time of booking or in a separate tutoring agreement. If no separate cancellation policy is provided, BriteMinds may require at least 48 business hours’ (Monday 9am–Friday 5pm) advance notice to cancel or reschedule a session without charge.
BriteMinds reserves the right to provide refunds, credits, or rescheduling accommodations in its discretion.
Tutoring Services
Tutoring services are intended to provide educational support and academic guidance. BriteMinds does not guarantee any particular academic outcome, grade, test score, admission result, behavioral change, or educational placement.
You acknowledge that student progress depends on many factors, including participation, effort, attendance, curriculum, school environment, family support, and other circumstances outside of BriteMinds’ control.
Tutoring services may be subject to additional terms, policies, intake forms, or written agreements. If there is a conflict between these Terms and a separate agreement signed by BriteMinds, the separate agreement will control for the specific services covered by that agreement.
Assessment Reports and Recommendations
Assessment reports and recommendations are generated based on information submitted by you and may include educational observations, general risk indicators, suggested next steps, or family-facing strategies.
Reports are not intended to be exhaustive and may not identify every issue or consideration relevant to a child’s learning habits, screen-time habits, or overall well-being.
You are responsible for deciding whether and how to use any report or recommendation. BriteMinds is not responsible for decisions based on reports, scores, recommendations, or other content provided through the Service.
For users under 18, BriteMinds may require parent or legal guardian authorization before sharing a report or related information with teachers, school administrators, tutors, physicians, therapists, counselors, or other third parties.
User Content
You may submit information, responses, messages, documents, or other materials through the Services (“User Content”).
You retain ownership of your User Content. However, you grant BriteMinds a limited license to use, host, store, process, reproduce, and display User Content as needed to provide the Service, generate reports, communicate with you, improve our Services, maintain records, comply with laws, enforce these Terms, or protect rights, safety, and security of any user or the Company.
You represent that you have the right to submit all User Content you provide and that your User Content does not violate any law or third-party rights.
You should not submit any unnecessary sensitive information, medical records, psychotherapy notes, confidential school records, or emergency information unless you have authority to do so and the information is requested by BriteMinds and necessary for the Services.
Privacy; Children and Teen Privacy
Our collection, use, and sharing of personal information is described in our Privacy Policy. By using the Service, you acknowledge that you have reviewed our Privacy Policy.
Because the Services may involve information about children and teens, you agree that children under 13 will not use the Services directly or submit personal information through the Service. Teens who are at least 13 years old may participate only with parent or legal guardian consent.
Parents and legal guardians may request review, correction, deletion, or restriction of information associated with a minor by contacting BriteMinds, subject to legal, security, billing, recordkeeping, and service-related requirements.
Communications
By providing your email address, phone number, or other contact information, you agree that BriteMinds may contact you about your account, purchases, assessment results, tutoring services, scheduling, customer support, and related administrative measures.
For minors, BriteMinds may limit direct communications, require parent or legal guardian consent, or copy a parent or legal guardian on communications depending on the nature of the Services and applicable law.
You may opt out of receiving marketing communications by following the unsubscribe link or instructions provided in any email we send. Transactional or service-related communications may still be sent where necessary.
Chatbot and Automated Tools
BriteMinds may make available a chatbot, virtual assistant, or other automated tool through the Services. The chatbot is provided for general informational, customer support, educational, and navigation purposes only.
The chatbot is automated and may use artificial intelligence or other software-based technology to generate responses. The chatbot is not a human representative and does not provide tutoring, medical advice, psychological advice, therapy, diagnosis, treatment, legal advice, or other professional services.
You should not rely on chatbot responses as a substitute for professional judgment, individualized educational evaluation, medical care, psychological care, or advice from a qualified professional. Chatbot responses may be incomplete, inaccurate, outdated, or not applicable to your circumstances.
The chatbot is intended for use only by parents, legal guardians, and other adults. Children are not permitted to use the chatbot or submit information through the chatbot. You agree not to allow a child to interact with the chatbot directly.
You agree not to submit sensitive personal information, medical information, psychological information, emergency information, financial account information, Social Security numbers, or other unnecessary confidential information through the chatbot.
By using the chatbot, you acknowledge that your messages and related interaction data may be collected, stored, reviewed, processed, and shared with our service providers to provide and improve the Services, respond to inquiries, maintain security, troubleshoot issues, and comply with applicable law. Additional information about our data practices is described in our Privacy Policy.
BriteMinds reserves the right to monitor, review, retain, or delete chatbot interactions in accordance with our Privacy Policy and applicable law.
User Code of Conduct
In connection with using or accessing our Service, you will not:
- use the Services for any unlawful, fraudulent, harmful, or abusive purpose;
- submit false, misleading, or unauthorized information;
- allow a child to create an account, make a purchase, or submit information directly through the website;
- interfere with or disrupt the operation or security of the Services;
- attempt to gain unauthorized access to any account, system, or data;
- copy, scrape, harvest, or collect data from the Services without authorization;
- reverse engineer, decompile, or attempt to extract source code from the Services;
- use the Services to transmit malware, harmful code, spam, or unsolicited messages;
- impersonate any person or entity;
- infringe or violate the rights of BriteMinds or any third party.
If we believe you are abusing our Service in any way, listed on any federal or state law enforcement watch list, or in violation of any applicable law, rules, terms and conditions, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account and access to our Service, delay or remove hosted content, remove, not display, and/or take technical and/or legal steps to prevent you from using our Service. We may also take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Service to anyone for any reason at our discretion.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Service. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Indemnification
You agree to defend, indemnify and hold harmless Company, its licensee and licensors, and their employees, contractors, agents, affiliates, successors, assigns, and officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your access to or use of the Service; (b) your User Content; (c) your breach of these Terms; (d) your violation of law or third-party rights; or (e) any activity conducted through your account. This indemnity does not apply to the extent a claim arises from Company’s gross negligence, willful misconduct, or violation of law, and it applies to minor users only to the extent enforceable under applicable law.
Intellectual Property
The Services, including the website, text, graphics, logos, designs, reports, assessments, questionnaires, software, content, trademarks, and other materials are owned by BriteMinds or its licensors and are protected by copyright, trademark, and other laws of the United States. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BriteMinds.
Subject to your compliance with these Terms, BriteMinds grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, family, and non-commercial use.
You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, sell, resell, or exploit any portion of the Services without our prior written consent.
Limited Personal Use of Reports
If you purchase or receive an assessment report, BriteMinds grants you a limited right to use that report for your personal and family use. You may share the report with your child’s teachers, school administrators, tutors, physicians, therapists, counselors, or other professionals involved in your child’s education or care.
You may not resell, publish, distribute, or commercially exploit any report or assessment content without BriteMinds’ prior written consent.
Feedback
If you submit comments, ideas, suggestions, or other feedback about the Service (“Feedback”), you grant a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, create derivative works from, distribute, display, perform, and otherwise exploit the Feedback for any purpose without compensation to you. Feedback is provided voluntarily and will be treated as non-confidential.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us via email at bmwebsite@briteminds.com.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation Of Liability
IN NO EVENT SHALL COMPANY NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, USER CONTENT, OR AI-GENERATED OUTPUTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO COMPANY FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100. THE LIMITATIONS IN THIS SECTION DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
Disclaimer
Company, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL DUE TO YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE.
YOUR USE OF THE SERVICE AND ITS CONTENT IS AT YOUR OWN RISK. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
Arbitration
Before either party starts arbitration or a court proceeding, the party must first send a written notice describing the dispute and allow 30 days for informal resolution, unless the claim seeks emergency injunctive relief. Either party may bring an individual claim in small claims court if the claim qualifies. You may opt out of arbitration by sending written notice to bmwebsite@briteminds.com within 30 days after you first accept these Terms. If you opt out, all other parts of these Terms will continue to apply.
You agree that any dispute, claim or controversy arising out of or relating to this Terms of Service or the Privacy Policy or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms), unless otherwise required by law.
Any arbitration under these Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
Geographic Restrictions
The Content and Service are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Service outside of the United States and that access thereto may not be legal by certain persons or in certain countries. You may not use or access the Service if you are located outside the United States.
Waiver and Severability
No waiver by Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Changes
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us via email at bmwebsite@briteminds.com.