This document sets out the terms for use of the HeyBrain platform. It covers both our Instructors and Students.
These terms apply to our websites as well as mobile applications which are owned, managed, and operated by HeyTech LLC. When referring to this infrastructure we will be collectively referring to them as the “Platform”. HeyBrain enables anyone anywhere to create and share educational courses and to enroll in these courses. These Terms apply to all your activities on the Platform, including our website, mobile applications and other related services (“Services”).
By using our Platform in any manner you are expressly agreeing to these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms do not use or access our Platform in any manner.
We are not responsible for interactions between Instructors and Students in any form, except for providing the means through which Instructors may make their Content available and for processing payments through the Platform’s payment gateway(s). HeyTech LLC is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor/Student relationship, including but not limited to, any Student’s reliance upon any information provided by an Instructor or their Content.
If you publish a course on our platform you must also agree to the Instructor Terms.
If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with HeyTech LLC through binding arbitration and you waive certain rights to participate in class actions.
Keep your password somewhere safe, as you are responsible for all activity associated with your account. If you suspect someone else is using your account let us know by contacting our Support Team.
You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course as an Instructor. When setting up and maintaining your account, you must provide accurate information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account.
We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Platform. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
Course Enrollment, Lifetime Access, License
When you purchase a course, you are only getting an access license from us to view it via our Platform - no other use is permitted. Transfer or reselling courses is expressly prohibited. This is a lifetime access license, except when we must disable the course due to legal or policy reasons.
YUnder our Instructor Terms, when instructors publish a course, they grant HeyTech LLC a license to offer a sublicense to the course to students. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
Students are granted a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the our Platform, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, sell, broadcast, rent, share, modify, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement.
We reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons. For example if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Guidelines we may revoke this license. Instructors may not grant licenses to their courses to students directly, and any such direct license shall be a violation of these Terms.
Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, we offer a 30-day refund or credit for most course purchases.
The prices of courses are determined based on the terms of the Instructor Terms. In some cases, the price of a course offered on our website may not be the same as the price offered on our mobile applications due to mobile platform providers’ pricing systems.
We frequently run promotions and sales for our courses and some courses are only available at discounted prices for a period of time. The price applicable to a course will be the price at the time you complete your purchase of the course. Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in since some of our promotions may be available only to new users.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
When you make a purchase, you agree not to use an unauthorized payment method. If your payment method fails and you still get access to the course, you agree to pay us the fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
Refunds and/or Refund Credits
If the course you purchased is not what you were expecting, you can request that we apply a refund to your account. This request must be within 30 days of your purchase of the course. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment processing partners, the platform from which you purchased your course (website, mobile app), and other factors. No refund is due to you if you request it after the 30-day guarantee has passed. We also reserve the right to refund students beyond the 30-day limit in cases of suspected or confirmed account fraud.
If we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund for, or if you’ve previously refunded a course, we reserve the right to deny your refund, terminate your account, and/or restrict all future use of our Platform. If we ban your account or disable your access to a course due to your violation of these Terms you will not be eligible to receive a refund.
Content and Behavior Rules
You can only use our Platform for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the content you upload in line with our Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, please let us know.
You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government. Furthermore, you agree not to upload any content or technology (including information on encryption) whose export is specially controlled under the Export Administration Regulations or other applicable regulations.
If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Terms before you submit any course for publication.
Intellectual Property Violations
HeyTech LLC complies with copyright laws. If we are notified that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform.
If one of our instructors has published a course that infringes your copyright or trademark rights, please let us know. Our Instructor Terms require our instructors to follow the law and respect the intellectual property rights of others.
Our Rights to Content You Post
You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
By posting courses and other content, you authroize us to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the course licensing terms that are detailed in the Instructor Terms.
By submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
Using HeyBrain at Your Own Risk
Anyone can use our Platform to create and publish courses and instructors and we enable instructors and students to interact for teaching and learning. We do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses. If you enroll in a course you rely on any information provided by an instructor at your own risk.
By using our Platform you may be exposed to content that you consider offensive or objectionable. We have no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the nature of these types of courses, and by enrolling in such courses you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrollment in a course.
When you interact directly with a student or an instructor, you should be careful about the types of personal information that you share. While we limithiukiun the types of information instructors may request from students, we do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students
HeyTech LLC’s Rights
We own the Platform and Services, including the website, present or future apps and services, and things like our logos, code, and content. You can’t modify them or use them without authorization.
All right, title, and interest in and to the Platform and Services, including our website, our existing or future applications, databases, and the content we provide through our Services excluding content provided by instructors and students) are the exclusive property of HeyTech LLC and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of the United States.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It is possible that one of our instructors may make misleading statements in their course. It may also happen that we encounter security issues. These are just examples. Our platform and the content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, availability, security, reliability, timeliness, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
If you behave in a way that causes us legal trouble, we may exercise legal recourse against you. You agree to indemnify and hold harmless HeyTech LLC and our officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.
This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
If we can’t resolve our dispute amicably, you and HeyTech LLC agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
How to Contact Us
The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
Updating These Terms
From time to time, we may update these Terms and we reserve the right to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.