TERMS OF USE

1. ACCEPTANCE OF TERMS

These Terms of Use ("Terms") govern your access to and use of the Bright Light Neuro LLC (“Bright Light”) services available via https://www.brightlightneuro.com/ (collectively, the "Services"). By accessing, browsing, or using our Services, or by clicking to accept these Terms when this option is made available to you, you acknowledge that you have read, understood, and you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

In these Terms, "you," or "your" refers to any individual teacher, educator, parent, caregiver, counselor, therapist, or other individual purchasing or accessing our Services, and "we," "us," or "our" refers to Bright Light. If you do not agree to these Terms, you must not access or use our Services.

2. LICENSE GRANT

2.1 Single License

Subject to your compliance with these Terms and payment of applicable fees, Bright Light grants you, as an individual, a limited, non-exclusive, non-transferable license to:

  • Access and use the Bright Light materials, content and information (collectively, the “Content”) associated with your purchase;
  • Reproduce and distribute the Content to children or students in your specific class(es) or under your direct supervision; and
  • Use the Content for educational purposes within your classroom or care environment.

For one-time purchases, this license is granted on a perpetual basis. For subscription purchases, this license is valid only for the duration of your subscription period. Once your subscription expires, your license and access to the Content will automatically terminate unless you renew your subscription. The specific duration of your subscription period will be indicated at the time of purchase. This license applies only to the specific package(s) you have purchased and does not grant you any ownership rights in the Content.

2.2 License Restrictions

You may NOT:

  • Share your access credentials with others;
  • Transfer your license to another person or entity;
  • Use a single license across multiple persons or entities;
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Content for commercial purposes;
  • Create derivative works based on the Content except as set forth in Section 2.3;
  • Publicly display, perform, or distribute the Content outside your classroom or care environment;
  • Remove any copyright, trademark, or proprietary notices from the Content;
  • If you have purchased a subscription, use the Content after the license term has expired;
  • Reverse engineer, decompile, or disassemble any software included in the Content;
  • Use Content in a manner that infringes on Bright Light's intellectual property rights; and
  • Use the Content in any way not expressly authorized by these Terms.

2.3 Content Modification for Educational Purposes

Educators and/or caregivers may tailor the learning experience based on the diverse learning needs of the children or students under their supervision. You may adjust the Content to appropriately accommodate individualized learning needs. However, Bright Light does not take responsibility for meeting the requirements of any individualized education plan (IEP) or other specialized learning requirements, and any modifications you make to the Content for differentiation purposes are solely at your professional discretion and responsibility.

Any derivative works or modifications you create based on the Content ("Derivatives") may only be used in accordance with these Terms. Bright Light retains all intellectual property rights in the original Content. While you may use Derivatives for your permitted educational purposes, you do not obtain ownership rights to such Derivatives beyond the limited license granted herein. You may not distribute, share, or transfer Derivatives outside of your classroom or care environment.

2.4 Distribution Methods

You may distribute the Content to children or students under your direct supervision in either printed or digital form, provided that such distribution complies with all other restrictions in these Terms.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Ownership

All content, features, and functionality of the Services, including but not limited to the Content, lesson plans, resources, assessments, educational activities, teacher guides, diagrams, illustrations, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, including all intellectual property rights in any of the foregoing are the exclusive property of Bright Light.

Bright Light retains all right, title, and interest in and to the Services and all Content, including all related intellectual property rights. No rights are granted to you other than the limited license specified in Section 2. Bright Light reserves all rights not expressly granted in these Terms.

3.2 Feedback

If you provide Bright Light with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Services or Content ("Feedback"), you hereby assign to Bright Light all right, title, and interest in and to Feedback. Bright Light is free to use, reproduce, modify, publish, or redistribute the Feedback for any purpose and in any way without any compensation to you.

3.3 Infringement

If you believe that any content on our Services infringes upon your copyright, please notify us at info@brightlightneuro.com. Your notice should include:

  • A description of the copyrighted work you claim has been infringed;
  • The location on our Services where the allegedly infringing material is located;
  • Your contact information;
  • A statement that you have a good faith belief that the disputed use is not authorized; and
  • A statement, made under penalty of perjury, that the information in your notice is accurate.

If notified of any potential or actual infringement, Bright Light will promptly:

  1. Modify the relevant Content to make them non-infringing;
  2. Obtain a license for you to continue using the infringing Content; or
  3. If the foregoing is not commercially reasonable, provide a refund for the unexpired portion of the current subscription term.

4. USER ACCOUNTS

4.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify Bright Light immediately of any unauthorized use of your account.

5. PAYMENT TERMS

5.1 Pricing

All prices for the Services are listed in US dollars and do not include applicable taxes, which will be added to your total at checkout. Your purchase constitutes a one-time payment for perpetual access to the specific Content purchased, unless explicitly labeled as a subscription. The subscription period may vary based on the package selected (monthly, annually, or as otherwise specified at checkout).

5.2 Subscription Options

Bright Light may offer subscription-based Services. If you purchase a subscription, details regarding subscription duration, renewal, and cancellation will be clearly indicated at the time of purchase.

5.3 Payment Processing

We use a third-party payment processor for subscription payments. All payment information is collected and processed according to their terms of service and privacy policy.

6. TERMINATION

6.1 Termination by Bright Light

Bright Light reserves the right to terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms.

6.2 Termination by User

You may terminate your account at any time by contacting us at info@brightlightneuro.com.

6.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. DISCLAIMER OF WARRANTIES

THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" 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.

Bright Light does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL BRIGHT LIGHT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, OR GOODWILL.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Bright Light, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the Services and Content.

10. GOVERNING LAW AND JURISDICTION

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. CHANGES TO TERMS

Bright Light reserves the right to modify or replace these Terms at any time upon notice to you. The most current version of these Terms will be posted on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

12. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Bright Light Neuro LLC
info@brightlightneuro.com