Brisk Teaching Giveaways and Promotions

Brisk Rewards Program Terms and Conditions

These Terms and Conditions (“Terms” or “Agreement”) set out the terms which govern the agreement between Brisk Labs Corp. d/b/a Brisk Teaching (“Company” or “Brisk”), referrers who send referral codes (each, a “Referrer”), and prospective users in receipt of referral codes from Referrers (each, a “Referee”), relating to the provision of marketing services by the Referrer to the Company. By sending a referral link to Referees under Company’s Referral Program, Referrers and Referees hereby agree to all Terms set out herein. Brisk’s Terms of Use and Privacy Policy are incorporated by reference. In the event of a conflict between these Terms and the Terms of Use or Privacy Policy, these Terms will apply. 

1. Purpose. This Agreement allows Referrers to market and promote Company’s Brisk software and related services (the “Service”) to Referees under Company’s Referral Program.
2. Eligibility. In order to participate in the Referral Program, Referrers must: (a) be at least 18 years old; (b) not be an employee of Company or its affiliates; (c) not be prohibited from participating in the Referral Program by any applicable law or contractual agreement with the Company and/or a third party; and (d) be located in the United States or Canada.
3. Process. For referral to be successful, the following criteria must be met: (a) Referee must be at least 18 years old; (b) Referee must not be a Brisk user; (c) Referee must use the Referrer’s referral code or link to sign up for a new Brisk account; and (d) Referee must be located in the United States or Canada.
4. Necessary Consent. Referrer represents and warrants that they have the consent of the Referee(s) to send the referrals.
5. Referee Engagement. Company reserves the right to: (a) enter into any agreements with Referees on terms and conditions acceptable to Company, or to not enter into any agreements at all; (b) set the terms for Referees’ engagement with the Company including any remuneration for such participation; and (c) enter into similar commission arrangements with third parties.
6. Referral Incentive.‍
   
   1. The Referrer may earn certain incentives (the “Incentive”) as further described herein for each Referee that subscribes to the Services. Company shall determine, in its sole discretion, whether the Referee is eligible for an Incentive and reserves the right to reject any Referee for any reason. Company reserves the right to change or cancel the Incentives at any time. 
   2. Issuance of the Incentive will be made after the Company receives verification and authentication of a Referee subscribing for the Service. Incentives may vary and are subject to change without notice. The current Incentives are as described on Brisk’s Referral Program Help Center webpage, available here: briskteaching.com/rewards-program.
   3. The Incentive cannot be combined with any other offer and is valid for a limited time only. The Incentive may be modified or terminated at any time, in the Company’s sole discretion. 
   4. Referrer is permitted to share its referral code or link directly with friends and family (e.g. via email, personal Facebook, X or LinkedIn). ‍
   5. Compliance with FTC Endorsement Guidelines. As a Referrer, in the event you post or share information about Brisk via social media, you must disclose your material connection to Brisk and follow the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.

7. Taxes. Incentives in the form of credits are exclusive of tax (“Taxes”), in accordance with the Company’s Terms of Use. Referrer agrees and acknowledges that it is responsible for the reporting and remitting of all applicable Taxes that arise from the Incentive. Notwithstanding the foregoing, Company may withhold from the Incentive any amounts required to be withheld by the appropriate government authority, provided that Company remits such amounts to the appropriate government authority on behalf of the Referrer and supplies Referrer with evidence of such payment.
8. Trademark Usage. The trademarks, logos, service marks and trade names under which Company markets the Service (the “Marks”) shall remain the exclusive property of Company. This Agreement gives Referrer no license regarding the use of such Marks, except that during the term of this Agreement Company grants to Referrer a restricted, non-transferable, non-exclusive, non-sublicensable and revocable license to use the Marks to market and promote Company’s Service, business and initiatives to Referees. Referrer agrees not to use the Marks in any way that may be determined objectionable by Company or confusing to any third parties regarding the nature of the relationship between Company and Referrer. Company reserves the right to approve particular uses of the Marks and/or revoke the license granted herein at any time.
9. Confidential Information. All documentation and information, including without limitation, design and presentation documents, trade secrets, customer lists, techniques, processes and technical and marketing information which is supplied by Brisk (“Disclosing Party”) to Referrer (“Receiving Party”) in connection with this Agreement (“Confidential Information”) is hereby deemed to be proprietary to Disclosing Party and shall be held in trust and confidence for, and on behalf of, Disclosing Party, by Receiving Party and its employees, agents, distributors and contractors and shall not be disclosed by Receiving Party or used by Receiving Party for any purpose other than as strictly permitted under this Agreement, without Disclosing Party’s prior written consent. Receiving Party shall not copy or disclose all, or any part of, the Confidential Information except in accordance with the terms and conditions of this Agreement. Receiving Party shall be directly liable for the acts or omissions of its employees, agents, distributors and contractors with respect to such confidentiality obligations. Receiving Party agrees to protect the Confidential Information of the Disclosing Party with at least the same degree of care Receiving Party uses to protect its own trade secrets and proprietary information, which in any event shall be no less than a reasonable degree of care. The confidentiality obligations of the parties under this Agreement shall not apply to Confidential Information which: (a) at the time of disclosure is within the public domain, other than through a breach of this Agreement; (b) after disclosure becomes readily and lawfully available to the public, other than through a breach of this Agreement; (c) Receiving Party can establish, by documented and competent evidence, was in its possession prior to the date of disclosure of such Confidential Information by Disclosing Party; or (d) is approved in advance in writing by Disclosing Party for disclosure.
10. Warranties. Referrer represents, warrants and covenants that: (a) it meets the eligibility criteria set out in Section 2; (b) it shall not make, and Company shall not be bound by, any offer, acceptance, representation, warranty, or affirmation of fact whatsoever to any Referee or third party respecting Company or the Company products or services, including the performance thereof; (c) it has not paid, and is not aware of any payments, to any third parties with a view to securing an order, contract and/or agreement contemplated hereunder or affecting a purchaser’s decision to approach Company for the Services; (d) it will use reasonable efforts to ensure that any Referee referred to Company is a legitimate user; and (e) it shall comply with all applicable laws while participating in the Referral Program.
11. Indemnity. Referrer shall indemnify, defend and hold Company harmless against any and all third party proceedings, causes of action, suits, damages, losses, liability, costs and expenses (including reasonable legal fees) whatsoever that may arise, either directly or indirectly, in connection with any breach of the foregoing representations and warranties in Section 10, any misuse, unauthorized use or violation of the Marks and/or Referrer’s performance hereunder.
12. Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO REFERRER FOR DIRECT DAMAGES IN EXCESS OF THE TOTAL INCENTIVE PAID TO REFERRER BY COMPANY DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE DAMAGES OCCURRED; AND COMPANY SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), WHETHER BASED IN CONTRACT OR IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT.
13. Term and Termination. This Agreement begins on the date that Referrer enrolls in the Referral Program and continues until terminated by Company or Referrer. Company may terminate this Agreement at any time, for any reason or for no reason, without notice to the Referrer. Where this Agreement expires or terminates as provided for herein, no Incentive shall be payable with respect to any Referee for which Referee has not created an account prior to the earlier of (a) the effective date of the expiration or termination of this Agreement and/or (b) the date of notice of termination. Such a termination will not relieve Brisk of liability for payment of Incentives earned prior to termination.
14. Expectations. Referrer acknowledges and agrees that it has no expectation that its business relationship with Company will continue for any minimum period or that Referrer shall obtain any anticipated amount of profits by virtue of this Agreement. Company shall not be liable, by reason of any termination of this Agreement, for compensation, reimbursement or damages on account of the loss of prospective profits or on account of expenditures or commitments whatsoever in connection with the business or goodwill of Referrer. Except as provided in this paragraph, termination hereunder shall be without prejudice to any other right or remedy to which either party may be entitled hereunder, at law, or in equity.
15. Status. Referrer is not an agent or employee of Company nor is it authorized or permitted to make any representations or warranties on behalf of Company. During the term of this Agreement, should the term “partnership,” “partner” or “Referrer” be used to describe the parties’ relationship under this Agreement, the parties agree to make it clear to third parties that these terms refer only to the spirit of cooperation between the parties and do not describe or create the legal status of partners or joint venturers.
16. Severability & Waiver. If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government, or by the final determination of a court of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions not held to be invalid. The provisions of this Agreement shall be interpreted to carry out the intent of the parties to the fullest extent permitted by law. Any delay by either party to exercise any right or remedy under this Agreement will not be construed to be a waiver of that or any other right or remedy hereunder.
17. Governing Law. This Agreement shall be governed by the laws of the State of California, without giving effect to the principles of conflicts of law. Any disputes shall be resolved exclusively by the courts in Santa Clara County, California.
18. Survival. The confidentiality requirements, ownership and proprietary rights, exclusions of warranties, indemnification obligations, limitations of liability and general provisions set forth in this Agreement shall survive the expiration or termination of this Agreement.
19. Nonassignment and No Subcontractors. Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by you, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Company. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective successors and assigns. Any assignment in violation of the foregoing will be null and void.
20. Notices. All notices of any kind shall be in writing and may be served personally or by prepaid registered or certified mail or by private mail service (for example, Federal Express or DHL) to the addresses noted below.
21. Entire Agreement. This Agreement constitutes the entire agreement of the parties as to the subject matter hereof and supersedes any and all prior oral or written memoranda, understandings and agreements as to such subject matter. Any conflict between the body of this Agreement and its schedules shall be resolved in favour of the schedules. This Agreement may be amended at any time by the Company without notice to the Referrer.

Brisk Labs Corp.

2261 Market Street STE 22980, San Francisco, CA 94114.

1. Welcome

Brisk operates a promotional program that allows Teachers to earn access to premium features of the Services by joining the Brisk Community and completing professional development courses to certify as Brisk AI Professionals at https://www.briskteaching.com/community (the "PD Promotion Program") on the terms set out in these terms and conditions (these "PD Promotion Terms").

These PD Promotion Terms supplement and from part of our Terms of Use and apply to our PD Promotion Program. By participating joining the Brisk Community and certifying as a Brisk AI Professional, you agree to these PD Promotion Terms. Please read these PD Promotion Terms carefully and make sure you understand and agree to them before you join the Brisk Community and certify as a Brisk AI Professional. Capitalized terms used in these PD Promotion Terms shall have the same meanings given to them in the Terms of Use, unless otherwise defined in these PD Promotion Terms.

The PD Promotion Program is void where prohibited by law.

2. Who we are

The PD Promotion Program is sponsored, promoted and administered by Brisk Labs Corp ("Brisk", "we", "us" or "our"). Brisk is also the operator of the Services.

3. Eligibility

The PD Promotion Program is open to Teachers who have registered with us and set up a User Account on the Services, except:

• employees of any of our group companies;
• employees of any other organisation involved in the preparation or administration of the PD Promotion Program;
• anyone else professionally connected with the PD Promotion Program; or
• the immediate family members of any of the above.

4. How to participate in the PD Promotion Program

In order to participate in the PD Promotion Program:

• you must be using the "Free" version of the Services;
• you must complete either the Level 1 Certification or Level 2 Certification at https://www.briskteaching.com/community ("Certification Course");
• you must join our Educator Facebook Group at https://www.facebook.com/groups/briskeducators ("Brisk Community Group").

If you participate in the PD Promotion Program and post a review of your experience using  Brisk (for example, in the Brisk Community Group), you must comply with all applicable laws, rules, regulations and regulatory guidelines relating to paid endorsements and product promotions. The U.S. Federal Trade Commission’s guidelines are available here.    

5. Referral reward

Once you have completed a Certification Course and joined the Brisk Community Group, we will grant you access to Brisk Educator Pro functionalities of the Services ("Premium Features") for a period of forty-five (45) days (the "PD Reward").

If you opt in to the PD Promotion Program, we may ask to collect or share your personal data, including name, contact information, professional information and account information. When you join the Brisk Community Group, this information may be shared with other members of the group. 

We have determined that the value of the PD Reward is reasonably related to the value of the personal data we would receive and otherwise process in connection with the PD Promotion Program. We estimate this value by considering the expense we would otherwise incur in collecting and processing the personal data, as well as the expenses related to facilitating the PD Promotion Program. You may withdraw from the PD Promotion Program at any time by contacting us using the contact information set out in the “General” section below.

The PD Reward is subject to the limitations in paragraph 6.

6. Important rules and limitations

The PD Reward is applied automatically when you complete the Certification Course and join the Brisk Community Group. It will also expire automatically as set out in paragraph 5. The period during which you are granted access to Premium Features will not be extended for any period that you do not access your User Account or use the Premium Features.

You can only receive one (1) PD Reward during the lifetime of your User Account. If you complete any other Certification Courses after you have received your PD Reward, you will not receive another PD Reward.

The PD Reward is not transferable to any other User, has no cash value and is not redeemable for cash or against any fees owed to us in relation to the Services. If you sign up for the Brisk Educator Pro plan or if you are added to an Educational Institution's account that grants access to the Brisk for Schools & Districts plan, you will not be eligible for a PD Reward and we will not apply any unused PD Reward to the fees owed or the duration of your plan. 

We may refuse to grant you a PD Reward if:

• you have breached any provision in these PD Promotion Terms or our Terms of Use;
• you have multiple User Accounts,

and we may also take any other action we reasonably deem appropriate, including immediate, temporary or permanent withdrawal of your right to use the Services or closure of your User Account.

We also reserve the right to refuse to grant you a PD Reward if:

• we have discontinued the PD Promotion Program and you complete a Certification Course and join the Brisk Community Group after the PD Promotion Program was discontinued;
• we are prohibited from granting you a PD Reward by applicable law.

Our decision in all matters relating to the PD Promotion Program, the PD Reward and these PD Promotion Terms is final and binding and no correspondence or discussion will be entered into.

7. Limitation of Liability

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PD Promotion Program if we are required to do so due to reasons outside our control (including, without limitation, in the case of anticipated, suspected or actual fraud).

We may also modify or discontinue the PD Promotion Program on reasonable notice to you. 

We will not be responsible to you for any loss or damage incurred or suffered by you as a result of participating in the PD Promotion Program, including (but not limited to) any loss resulting from the following:

1. any postponement or cancellation of the PD Promotion Program, or any delay in granting you a PD Reward;
2. any alteration, unauthorised access, damage, late delivery or non-delivery of any notices, acceptances, requests or other documents related to the PD Promotion Program;
3. any act or default of any third-party supplier.

Nothing in these PD Promotion Terms shall exclude our liability for death, personal injury, fraud or fraudulent misrepresentation as a result of our negligence, or any other matter for which the law does not allow us to exclude or limit our liability.

8. Your personal details

Please see our Privacy Notice for more information about how we handle your personal data. 

9. General

We intend to rely on these PD Promotion Terms as setting out the written terms of our agreement with you for your participation in the PD Promotion Program. If part of these PD Promotion Terms cannot be enforced then the remainder of the PD Promotion Terms will still apply to our relationship.

If you have any questions about the PD Promotion Program, please email us at hello@briskteaching.com with "PD Promotion Program" in the subject line.

These PD Promotion Terms form part of the Terms of Use. The governing law, jurisdiction, arbitration, class action and jury trial waivers set out in the Terms of Use shall apply to these PD Promotion Terms. 

‍

This Giveaway is run by Brisk Labs Corp. of 1465 Ravenswood Drive, Los Altos, CA 94024 (“Brisk”).

Add Brisk to Chrome for Free by heading to https://www.briskteaching.com/.

1. Eligibility

• This Giveaway is only open to current educators who are legal residents of the United States.
• Must be 18 years or older to enter.
• Employees of Brisk and their immediate family members are not eligible to participate.
• Giveaway is void where prohibited by law.

2. Entry Period

• The Giveaway starts October 27, 2024 at 12:00 PM EST and ends on October 30, 2024, at 12:00 PM EST (“Entry Period”).

3. How to Enter

On X (formerly Twitter):

• Add Brisk Teaching to Chrome (it’s free!).
• Follow us @briskteaching.
• Reply to the giveaway post explaining why you want to go to the Eras Tour.
  ‍(Are you the biggest swiftie ever? Are you a hard working teacher who just needs a break? Do your students love Taylor Swift? Let us know!)

• Bonus entries: Tag other educators in the comments and repost this post.
• You can enter multiple times with different replies, comments, and reposts.

Find the X Giveaway Post here.

On Instagram:

• Add Brisk Teaching to Chrome (it’s free!).
• Follow us @briskteaching.
• Comment on the post telling us why you want to attend the Eras Tour.                              (Are you the biggest swiftie ever? Are you a hard working teacher who just needs a break? Do your students love Taylor Swift? Let us know!)
• Reshare the giveaway post to your Instagram Story.
• Bonus entries: Tag other educators in the comments.
• You can enter as many times as you’d like with new comments and Story shares.

Find the Instagram Giveaway Post here.

4. Winner Selection and Notification

• Two winners (one from X and one from Instagram) will be selected.
• Winners will be notified on Wednesday, October 30, 2024 and announced more broadly on Thursday, October 31, 2024.
• We will contact winners through the social media platform where they entered.
• Winners must respond within 6 hours of receiving our message, or a new winner will be selected.
• Winners must have completed all tasks required to enter. We will verify that you have, in fact, added Brisk to Chrome- in addition to all other tasks. 
• Each participant can only win once.

5. Prizes

• Each winner will receive one ticket to Taylor Swift’s The Eras Tour at Lucas Oil Stadium in Indianapolis, Indiana, on November 2, 2024.
• Brisk will cover the winner’s hotel, flights, and provide a 1-time $200 stipend for food, Ubers, or other expenses.

6. Limitations of Liability

• By entering, you agree to release Brisk from any liability related to the Giveaway, travel, or event.
• Brisk is not responsible for technical issues or unauthorized tampering that affects the entry process.

7. Privacy Policy

• Your entry and personal data will be handled in accordance with Brisk’s Privacy Policy.

8. Rights Granted by Entrants

• By entering, you allow Brisk to use your entry, name, social media username, and any additional content captured before, during, or after the event for promotional purposes related to the Giveaway, without additional compensation or notice.

9. Miscellaneous

• Brisk reserves the right to cancel, modify, or terminate the Giveaway if necessary.
• This Giveaway is not sponsored, endorsed, or administered by X (Twitter) or Instagram.
• Winners will be asked to create content with Jessica from Brisk before, during, and after the concert. Please do not enter if you’re not willing to be part of our social media videos. 
• The concert is Saturday, November 2 at 7:00 PM. Please don’t enter if you’re not available to attend with 100% certainty. 

10. Sponsor Contact‍

For questions or a list of winners, email: jessica@briskteaching.com.

FAQ

1. What if I already have Brisk installed before the giveaway started?
Awesome! You’ve got a head start on entering. 

2. Can I bring a friend?
Yes! If you win, you can bring a friend, but their expenses (ticket, flights, etc.) will be your responsibility.

Jessica from Brisk will also be at the concert, so it will be a group of 3 Swifties in Indy! You won’t be on your own, kid (if you’re worried about that). 

3. What does Brisk cover?
Brisk will cover:

• One ticket to the Eras Tour (per winner)
• Hotel and flights (per winner)
• A $200 stipend for food, Ubers, or other expenses (per winner)

• A Brisk employee will be in Indy + at the concert to support the winners / travel with them / help them get situated / capture content.
• Prizes are non-transferable and cannot be exchanged for cash.

4. How will I know if I win?
We’ll notify you through X or Instagram, depending on where you entered. Make sure you respond within 6 hours to claim your prize- if you don’t we will choose a different winner!

5. Can I enter multiple times?
Absolutely! Enter as many times as you’d like with new posts or comments.

6. What happens if I win on both X and Instagram?
Each person can only win once. If your name is selected twice, we’ll choose another winner for one of the platforms.

7. Is this open to educators outside the U.S.?
Unfortunately, no. This Giveaway is only open to current educators residing in the United States.

8. What if I’m a principal? What if I’m a para? Can I enter?

Yes! Anyone whose main job involves working with children in schools is eligible. This includes teachers, principals, aides, support staff, and other education professionals.

This Competition is run by Brisk Labs Corp. of 1465 Ravenswood Drive, Los Altos, CA 94024 and Quizziz of 2600 El Camino Real, Suite 403, Palo Alto, CA 94306.

• Eligibility: The EdTech Crocs Giveaway (“Giveaway”) is open only to educators who are legal residents of the United States and Canada and 18 years or older at the time of entry. Employees of Brisk, Quizziz, Seesaw, Canva, and Kami (“Sponsors”), their affiliates, subsidiaries, and their immediate family members are not eligible to participate. This Giveaway is void where prohibited by law.
• Agreement to Rules: By submitting an Entry to the Competition, the entrant (“You”) , agrees to be fully bound by these Terms and Conditions, and You represent and warrant that You meet the eligibility requirements. Sponsors’ decisions regarding the Giveaway are final and binding in all respects.
• Entry Period: Entries will be accepted starting from Monday, September 23, 2024, at 4:00 PM EST and will end on Friday, September 27, 2024, at 3:00 PM EST (“Entry Period”). Entries submitted after this time will not be accepted.
• How to Enter: To enter, You must (a) follow all participating companies (Brisk, Quizziz, Seesaw, CanvaEdu, and Kami) on X (formerly known as Twitter), (b) tag a friend in the post promoting the Giveaway, and (c) repost the post. You may enter multiple times by tagging different friends and reposting from multiple companies’ Giveaway posts. There is no limit to how many entries You can submit.
• Winner Selection and Notification: Winners are drawn at random. Each participating company will randomly draw up to 2 winners on Friday, September 27, 2024, by 5:00 PM EST. Winners will be notified via comment and/or direct message on X. You will have 48 hours to respond. If a winner fails to respond within this time frame, a new winner will be selected.
• Prizes: Winners will receive a pair of custom EdTech Crocs valued at $50. Prizes are non-transferable and cannot be exchanged for cash. Sponsors reserve the right to substitute a prize with another of equal or greater value. The winners are responsible for any taxes associated with winning.
• Limitations of Liability: By entering, You agree to release and hold harmless the Sponsors, their affiliates, and any advertising or promotional partners from any liability, claim, or damage arising from participation in the Giveaway or acceptance of any prize. Sponsors are not responsible for any technical failures or unauthorized human intervention that may affect entry or winner selection.
• Disqualification: Sponsors reserve the right, in their sole discretion, to disqualify any entrant who violates these Terms and Conditions or attempts to tamper with the entry process or operation of the Giveaway. This includes anyone found to be using multiple accounts to enter.
• Privacy Policy: Information provided with an entry is subject to the Privacy Policy of the respective Sponsor. By entering, You consent to the collection, use, and disclosure of your personal information as described in each Sponsor’s Privacy Policy.
• Rights Granted by You: By entering, You agree that the Sponsors may use your entry, name, social media username, and any likeness in promotional material related to the Giveaway, without any compensation or notice, in any media worldwide.
• Miscellaneous: Sponsors reserve the right to cancel, terminate, or modify the Giveaway if necessary. This Giveaway is in no way sponsored, endorsed, or administered by, or associated with X (Twitter).
• Sponsor Contact: For any questions or inquiries about the Giveaway or to obtain a list of winners, please contact Brisk Teaching at jessica@briskteaching.com or kyle@quizziz.com.

1. Welcome

Brisk operates a referral program that allows teachers who sign up to use our Services ("Teachers") to refer other teachers and educational institutions to our Services and receive access to premium features of the Services (the "Referral Program") on the terms set out in these terms and conditions (these "Referral Terms").

These Referral Terms supplement and from part of our Terms of Use and apply to our Referral Program. By referring a teacher to our Services, you agree to these Referral Terms. Please read these Referral Terms carefully and make sure you understand and agree to them before you refer a new teacher to us. Capitalized terms used in these Referral Terms shall have the same meanings given to them in the Terms of Use, unless otherwise defined in these Referral Terms.

The Referral Program is void where prohibited by law.

2. Who we are

The Referral Program is sponsored, promoted and administered by Brisk Labs Corp ("Brisk", "we", "us" or "our"). Brisk is also the operator of the Services.

3. Eligibility

The Referral Program is open to Teachers who have registered with us and set up a User Account on the Services, except:

1. employees of any of our group companies;
2. employees of any other organisation involved in the preparation or administration of the Referral Program;
3. anyone else professionally connected with the Referral Program; or
4. the immediate family members of any of the above.

4. How to participate in the Referral Program

We will provide you with a unique invite link when you set up your User Account. You can access your invite link any time by clicking on the floating widget that we make available as part of the Services and clicking "Refer friends, get rewarded" or a similarly labelled link. You can share your invite link directly by copying and sending it to the person you would like to refer. 

When you first set up your User Account, we will also give you the option of sending your invite link by email through the Services.  

In order to participate in the Referral Program:

1. you must be using the "Free" version of the Services;
2. you must recommend the Services to a person by sharing your invite link with them;
3. that person (the "Referred User") must follow the invite link and register with us and set up a User Account; 
4. the Referred User must not already have a User Account.

You must ensure that you have the Referred User's consent to send them the invite link before you share your invite link with them. You can invite up to [5] Referred Users every day in this way.

When sending invite links, you must comply with all applicable laws, rules, regulations and regulatory guidelines relating to paid endorsements and product promotions. The U.S. Federal Trade Commission’s guidelines are available here.  

5. Referral reward

If you refer five (5) Referred Users to our Services by sending invite links through the Services when you first set up your User Account, we will grant you instant access to the Brisk for Schools & Districts functionalities of the Services ("Premium Features") for a period of thirty (30) days ("Onboarding Reward"). If you have earned an Onboarding Reward, your access to the Premium Features will commence on the date you create your User Account.  

If you share your invite link after you have created your User Account, for every three (3) Referred Users who create a User Account, we will grant you instant access to the Premium Features for a period of two (2) weeks ("Refer Anytime Reward"). Your access to the Premium Features will commence on the date the third Referred User creates a User Account, and shall automatically extend for an additional two (2) weeks for every three (3) additional Referred Users that create a User Account.

If you opt in to the Referral Program, we may ask to collect or share your personal data, including name, contact information, professional information and account information. This information may be shared with the people you choose to share your invite link with. 

We have determined that the value of the Onboarding Award and Refer Anytime Reward are reasonably related to the value of the personal data we would receive and otherwise process in connection with the Referral Program. We estimate this value by considering the expense we would otherwise incur in collecting and processing the personal data, as well as the expenses related to facilitating the Referral Program. You may withdraw from the Referral Program at any time by contacting us using the contact information set out in the “General” section below.

The rewards set out above are subject to the limitations in paragraph 6.

6. Important rules and limitations

The Onboarding Reward and Refer Anytime Reward will be applied and will expire automatically as set out in paragraph 5. The period during which you are granted access to Premium Features will not be extended for any period that you do not access your User Account or use the Premium Features.

The maximum period for which you can access the Premium Features through Refer Anytime Rewards is five (5) months in aggregate. This means that you will only be able to receive up to five (5) months of access to Premium Features through Refer Anytime Rewards for the life of your User Account. If you refer any other Referred Users to the Services after you have had five (5) months of access to the Premium Features, we will not grant you any further access to the Premium Features through Refer Anytime Rewards.

The Onboarding Reward and Refer Anytime Reward are not transferable to any other User, have no cash value and are not redeemable for cash or against any fees owed to us in relation to the Services. If you sign up for the Brisk Educator Pro plan or if you are added to an Educational Institution's account that grants access to the Brisk for Schools & Districts plan, you will not be eligible for an Onboarding Reward or Refer Anytime Reward and we will not apply any unused Onboarding Reward or Refer Anytime Reward to the fees owed or the duration of your plan. 

We may refuse to grant you Onboarding Rewards or Refer Anytime Rewards if:

• we reasonably suspect that the User Account has been created by the Referred User fraudulently or the Referred User's User Account is otherwise in breach of our Terms of Use;
• you have breached any provision in these Referral Terms or our Terms of Use;
• you or your Referred User have created multiple User Accounts; 
• you have posted your unique referral link to a message board, public forum, coupon site or other online venue; or
• we reasonably suspect that you have used any pay-per-click or other paid or automated lead generation services to participate in the Referral Program,

and we may also take any other action we reasonably deem appropriate, including immediate, temporary or permanent withdrawal of your right to use the Services or closure of your User Account.

We also reserve the right to refuse to grant you Onboarding Rewards or Refer Anytime Rewards if:

• we have discontinued the Referral Program and the Referred User has created a User Account after the date on which the Referral Program was discontinued;
• we are prohibited from granting you an Onboarding Reward or Refer Anytime Reward by applicable law.

Our decision in all matters relating to the Referral Program, the Onboarding Rewards, Refer Anytime Rewards and these Referral Terms is final and binding and no correspondence or discussion will be entered into.

7. Limitation of Liability

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Referral Program if we are required to do so due to reasons outside our control (including, without limitation, in the case of anticipated, suspected or actual fraud).

We may also modify or discontinue the Referral Program on reasonable notice to you. 

We will not be responsible to you for any loss or damage incurred or suffered by you or a Referred User as a result of participating in the Referral Program, including (but not limited to) any loss resulting from the following:

1. any postponement or cancellation of the Referral Program, or any delay in granting you an Onboarding Reward or Refer Anytime Reward;
2. any alteration, unauthorised access, damage, late delivery or non-delivery of any notices, acceptances, requests or other documents related to the Referral Program;
3. any act or default of any third-party supplier.

2. Nothing in these Referral Terms shall exclude our liability for death, personal injury, fraud or fraudulent misrepresentation as a result of our negligence, or any other matter for which the law does not allow us to exclude or limit our liability.

8. Your personal details

Please see our Privacy Notice ([link]) for more information about how we handle your personal data.

9. General

We intend to rely on these Referral Terms as setting out the written terms of our agreement with you for your participation in the Referral Program. If part of these Referral Terms cannot be enforced then the remainder of the Referral Terms will still apply to our relationship.

If you have any questions about the Referral Program, please email us at hello@briskteaching.com with "Referral Program" in the subject line.

These Referral Terms form part of the Terms of Use. The governing law, jurisdiction, arbitration, class action and jury trial waivers set out in the Terms of Use shall apply to these Referral Terms.