Terms of Use Agreement

This Terms of Use Agreement sets forth the standards of use of the Native Brain website and online services (“Service”), and Native Brain Mobile Application (“Product”). By using the Native Brain website (the “Site”) and/or the Native Brain Service or Product you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not use this Site or Service or download the Product. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our site or in our Product. Your continued use of the Service and Product after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. In addition to these terms, your use of the Product may be governed by agreements with the third party vendor from whom the Product was downloaded.  We encourage you to review the terms and privacy policies of these third party vendors.

1.     Description of Product and Service

The Native Brain Product and Service provides Users with data-enabled learning applications and experiences, including mobile applications targeting a child’s core fundamental skills, enrichment classes, and tools for Users to chart, monitor and manage the progress of their children who use the Product. 

2.     Membership Terms

The Native Brain Product includes educational applications and other activities to be accessed and played on Users’ mobile devices.  Users are responsible for all data and service charges from their mobile service providers.  Users can download and use the Product through third party vendor application stores.  Certain Product features may only be available to registered Users of the Native Brain Service, which includes additional tools and information relating to Native Brain’s learning applications and experiences.

Users can access the Service by registering through the Native Brain Site.  Subscription fees for use of the Service may apply.  Native Brain reserves the right to modify subscription fees and other charges at any time.

3.     Rules, Responsibilities and Obligations

The Native Brain Product and Service is intended for use by children only with the supervision and consent of their legal guardian.  Users agree to supervise use of the Product and/or Service by minors in their care as appropriate and as necessary. 

Users agree to not use the Service and/or Product to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a Native Brain official, guide or host, or falsely state or otherwise misrepresent User`s affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service and/or Product; (v) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (vii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (viii) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users` ability to engage in real time exchanges; or (x) interfere with or disrupt the Service and/or Product or servers or networks connected to the Service and/or Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Service and/or Product.

Native Brain does not knowingly collect personal information from children under the age of 13.  Any information collected from use of the Product by children is strictly anonymous and/or is aggregated and anonymized data relating to use of the Product.  Any personal information submitted through the Site or the Service is collected from Users (parents or guardians) over the age of 18.  By using the Site, the Product, or the Service, you represent that you are over the age of 18, that you are the parent or legal guardian of any child for whom you may submit information, that you consent to the collection and use of your (or your child’s) information by Native Brain consistent with our Privacy Policy, and that you consent to your child’s use of the Product and Service.

Native Brain shall have the right, but not the obligation, to monitor the content of the Native Brain Site and Service, including messages and statistics, to determine compliance with this Agreement and any operating rules established by Native Brain and to satisfy any law, regulation or authorized government request. Native Brain shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Native Brain website.

Native Brain reserves to right to discontinue membership of any User who fails to comply with these terms.

4.     Release and Waiver of Rights

You release Native Brain and expressly waive any and all claims against Native Brain that may arise from your or your child’s use of the Service and/or Product.  Specifically, without limitation, by uploading content within the Service and/or Product, you release Native Brain and expressly waive all claims against Native Brain arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use (or your child’s use) of the Service and/or Product.

5.     Communications from Native Brain

The User agrees to allow Native Brain to send information regarding the Product and Service from time to time. This information may be of a corporate, promotional, third-party advertising, or product nature. Native Brain may contact the User via email, billing address, SMS messaging, in-app messaging or through message system on the Service website. At any time the User may opt out of receiving such information by contacting Native Brain customer support. For more information on Native Brain’s use of member information, read Native Brain’s Privacy Policy.

6.     Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Users acknowledge that Native Brain is not responsible for the availability of, or the content located on or through, any third-party site. Users should contact the site administrator or webmaster for those third-party sites if Users have any concerns regarding such links or the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. Native Brain encourages all Users to review terms of use and privacy policies of third-parties sites.

Any dealings with advertisers found on the Native Brain site are solely between the User and that advertiser. Native Brain shall not be responsible for, or liable for, any losses or damages that occur in any dealing Users may have with any advertisers on the website. Users agree to assume the sole risk in dealing with any of said advertisers.

7.     Modifications and Interruption to Service or Product

Native Brain reserves the right to modify or discontinue the Service and/or Product with or without notice to a User. Native Brain shall not be liable to a User or any third party should Native Brain exercise its right to modify or discontinue the Service or Product at any time. Member acknowledges and accepts that Native Brain does not guarantee continuous, uninterrupted or secure access to the Service or Product and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

8.     Disclaimer of Warranties

The Service and Product are provided by native brain on an `as is` and on an `as available` basis., native brain makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service and Product in terms of its correctness, accuracy, reliability, or otherwise. native brain shall have no liability for any interruptions in the use of the Product or Service. To the fullest extent permitted by applicable law, native brain disclaims all warranties with regard to the information provided, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusions may be  inapplicable to some users.

native brain does not warrant that its Product or Service will operate error-free or that its application, website and server are free of computer viruses and other harmful goods. If the User`s use of native brain Product or Service results in the need for servicing or replacing equipment or data, native brain is not responsible for those costs.

9.     Limitation of Liability


10.  Indemnification

Users hereby release and waive all claims against Native Brain with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws. 

Users agree to indemnify and hold Native Brain, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys` fees and costs, made by any third party due to or arising out of User`s use of the Service or Product, the violation of this Agreement, or infringement by a User, or other User of the Service or Product using a User’s Native Brain membership privilege, of any intellectual property or any other right of any person or entity.

11.  Governing Jurisdiction of the Laws of Massachusetts

These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law rules. We make no representation that our Site, Service and/or Product are appropriate, legal or available for use in locations outside of the United States. Accordingly, if you choose to access our Site and/or use the Service or Product you agree to do so subject to the laws of Massachusetts and the United States.

12.  Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service and/or Product in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national, or international law or regulation.

13.  Native Brain Copyrights and Trademarks

All content included or available on this Site or within the Service or Product, including site design, text, graphics, interfaces, and the selection and arrangement thereof is the property of Native Brain and/or third parties and is protected by intellectual property rights. Any use of materials on the Site or within the Service or Product, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Native Brain is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Product, Service, Site or any portion thereof.

NATIVE BRAIN, THE FUTURE IS LEARNING and the Native Brain Logo are trademarks of Native Brain.  Native Brain’s trademarks may not be used in connection with any product or service that is not provided by Native Brain, unless such use is expressly authorized by Native Brain.  Native Brain’s trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Native Brain.

All other trademarks displayed on the Site or that may appear within the Product are the trademarks of their respective owners, and their appearance constitutes neither an endorsement, nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Native Brain.

14.  Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Native Brain, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.