Brighten Learning – Terms of Use

Effective Date: January 1, 2026

These Terms of Use (the “Terms”) govern access to and use of Brighten Learning, Inc.’s websites, web portals, mobile applications, and integrations (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

  1. Scope & Audience

These Terms apply to all customer segments and roles identified in our Privacy Policy:

  • Segments: K–12 Institutional (U.S.), International Education, Residential Education (Home-Based), Clinical/Behavioral Enterprise, and Commercial Organizations.
  • Roles: Student, Teacher, Admin, Parent, Organization Admin, and Brighten Support.
  1. Relationship to Privacy Policy

Your privacy is governed by the Brighten Learning Privacy Policy, which describes how we collect, use, disclose, and safeguard personal information, retention timelines, data subject rights, and compliance obligations. The Privacy Policy is incorporated by reference into these Terms. If there is a direct conflict, the Terms control only with respect to contractual use of the Services; privacy matters are controlled by the Privacy Policy.

  1. Accounts & Administrators

(a) Registration & Accuracy: You must provide accurate information and keep it updated.
(b) Credentials: Keep your credentials confidential; do not share or reuse across users. You are responsible for activities under your account.
(c) Organization Admins: For school or organizational deployments, Organization Admins manage users, permissions, and data requests. For Residential Education, the parent or legal guardian acts as the Organization Admin.
(d) Verification: We may verify educator or school official status before honoring requests (e.g., matching domain or admin console confirmation). We do not disclose passwords or tokens.

  1. License & Acceptable Use

(a) License: Subject to these Terms and your paid subscription (where applicable), Brighten grants you a limited, non-exclusive, non-transferable license to access and use the Services for legitimate educational and organizational purposes.
(b) Prohibited Conduct: You will not:

  • Share credentials
  • Access areas you are not authorized to access
  • Attempt to bypass security
  • Reverse engineer the Services except as permitted by law
  • Use automated scraping tools without written permission
  • Interfere with the operation of the Services
  • Upload malware or harmful code
  • Infringe intellectual property or privacy rights
  • Harass, bully, or engage in unlawful behavior
  • Misrepresent identity or affiliation
  • Frame or imply endorsement without permission
  • Send spam or unsolicited promotions
  • Use the Services for commercial exploitation beyond your license
  1. Educational & Clinical Disclaimers

The Services are for educational use. Content is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health care provider with questions about medical conditions.

  1. Compliance Add‑Ons & Segment-Specific Obligations

Brighten supports compliance frameworks applicable to specific segments (e.g., FERPA/COPPA for U.S. K–12). Brighten assumes HIPAA, FERPA, state-specific, or other specialized obligations only when the purchasing organization has the correct license tier and has entered into a paid Compliance Add‑On (e.g., DPA/BAA) executed by both parties. Absent such add‑ons, Brighten provides the Services under general commercial terms without specialized regulatory commitments.

  1. Data Handling & Subprocessors

Brighten collects and uses personal information as described in the Privacy Policy (e.g., account, learning, device, support, and billing data). Brighten does not sell student personal information or use it for behavioral advertising. We use authorized subprocessors for hosting, analytics, support, and payments, each bound by contractual limitations. A current list of authorized subprocessors is available upon request at privacy@brightenlearning.com.

  1. Retention & Deletion

We retain personal information only as long as necessary to provide the Services, comply with law, or maintain legitimate business records. Unless otherwise required by law or agreed in a contract:

  • Student data is deleted within 60 days after the active term ends
  • Support logs and audit trails may be retained up to 12 months
  • Payment records are retained as required by tax and accounting laws
  • Deletion requests must be submitted by Organization Admins or Parents, subject to legal and contractual limits.
  1. Children’s Privacy & Consent

We do not knowingly collect personal information from children without the consent of schools or parents/guardians as required by law. For Residential Education, parents provide direct consent where applicable.

  1. Security & Incidents

Brighten employs administrative, technical, and physical safeguards designed to protect information (e.g., encryption in transit, access controls, monitoring). No system is perfectly secure. We maintain processes to detect and respond to incidents, and we provide breach notifications as required by law and contract.

  1. International Transfers & Local Laws

When personal information is transferred across borders, Brighten uses contractual safeguards as required by applicable laws. For non‑U.S. entities, we rely on legitimate interests, contractual necessity, consent, and legal obligations as permitted under local law.

  1. Mobile App Permissions & Cookies

Our apps may request permissions necessary for functionality (e.g., network access, notifications, local storage for offline content). Disabling permissions or cookies may limit functionality. See the Privacy Policy for details on cookies and similar technologies.

  1. Third‑Party Services

The Services may interoperate with third‑party products or services. Brighten is not responsible for third‑party content, policies, or acts. Your use of third‑party services is governed by their terms and privacy notices.

  1. Fees, Billing & Taxes (if applicable)

If your use of the Services involves paid subscriptions or purchases, fees, billing terms, and taxes are set forth in your order form or invoice. Unless otherwise stated, invoices are due net‑30 days and past‑due amounts may accrue a finance charge as permitted by law. Tax exemptions must be supported by valid certificates.

  1. Intellectual Property

The Services, content, software, and documentation are protected by intellectual property laws and remain the property of Brighten or its licensors. No rights are granted except as expressly stated. You may not create derivative works, copy, distribute, or publicly display content except as permitted by your license or applicable law.

  1. Feedback

If you provide ideas or suggestions, you grant Brighten a non‑exclusive, worldwide, royalty‑free license to use, modify, and commercialize the feedback without restriction.

  1. Suspension & Termination

We may suspend or terminate access for violations of these Terms, legal requirements, or risk to the Services, after reasonable notice where practicable. Upon termination, your right to use the Services ceases, but sections intended to survive (e.g., IP, disclaimers, limitations, governing law) will continue.

  1. Warranties; Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. BRIGHTEN DOES NOT GUARANTEE THAT THE SERVICES WILL BE ERROR‑FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTEN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. BRIGHTEN’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS IN ANY 12‑MONTH PERIOD SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THAT PERIOD. NOTHING HEREIN LIMITS LIABILITY FOR WILLFUL MISCONDUCT TO THE EXTENT NOT PERMITTED BY LAW.

  1. Government Entities

If you are a government entity, obligations are subject to applicable law, and you may raise sovereign or qualified immunity defenses to third‑party claims where available. Indemnification and limitation of liability terms apply to the extent permitted by law.

  1. Changes to the Services or Terms

We may update the Services or these Terms from time to time. Material changes will be communicated through the Service or via email to Organization Admins or Parents, as applicable. Continued use after an update constitutes acceptance of the revised Terms.

  1. Export & Sanctions

You must comply with applicable export control and economic sanctions laws. You represent that you are not on any restricted party list and will not use the Services in prohibited jurisdictions.

  1. Governing Law; Venue

These Terms and all related claims are governed by the laws of the State of California, without regard to conflict‑of‑laws rules. You and Brighten submit to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California.

  1. Definitions
  • Compliance Add‑On: A paid, signed addendum (e.g., Data Processing Addendum (DPA) or Business Associate Agreement (BAA)) that imposes specific regulatory obligations (e.g., HIPAA, FERPA, state privacy) beyond these Terms.
  • Organization Admin: The individual(s) designated by a school, organization, or parent/guardian (for Residential Education) to administer accounts and privileges.
  • Services: Brighten Learning, Inc.’s websites, web portals, mobile apps, and integrations.
  • Subprocessors: Third‑party providers authorized by Brighten to process personal information to deliver the Services.
  1. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy and any applicable order forms and Compliance Add‑Ons, constitute the entire agreement regarding the Services and supersede prior terms to the extent of conflict.

Severability: If any provision is unenforceable, the remainder remains in effect and is construed to effectuate the parties’ intent.

Assignment: You may not assign rights or obligations without Brighten’s prior written consent; Brighten may assign to an affiliate or in connection with a business transfer.

Notices: Notices may be sent to privacy@brightenlearning.com or through the contact form on our website.

Survival: Sections that by their nature should survive termination (e.g., IP, disclaimers, limitations, governing law) do survive.

Support & Contact

For technical support related to the Services, email contact@brightenlearning.com. We aim to respond within 48 business hours. For privacy inquiries, email privacy@brightenlearning.com.