이용 약관
브리스크 랩스 주식회사 (이하 “당사”, “Brisk”) 의 웹사이트 및 온라인 및/또는 모바일 서비스인 briskteaching.com에 오신 것을 환영합니다.이 페이지는 서비스에서 또는 서비스와 관련하여 제공되는 당사의 온라인 및/또는 모바일 서비스, 웹 사이트 및 소프트웨어 (총칭하여 “서비스”) 를 사용할 수 있는 조건을 설명합니다.
본 이용 약관은 서비스에 액세스하는 모든 방문자, 사용자 및 기타 (“사용자” 또는 “귀하”) 에게 적용됩니다.교사, 교육구, 교육청 및 교육구 내 개별 학교 (“교육 기관”) 가 서비스를 사용하는 경우, “귀하”에는 교사가 포함되며, 여기에는 자신을 대신하여 서비스에 액세스하는 관리자 (“교사”), 교육 기관의 감독 하에 서비스를 사용하는 학생 (“학생”), 학생의 부모 및 법적 보호자 (“학부모”) 가 포함됩니다.본 이용 약관과 본 이용 약관을 참조하고 여기에 포함된 추가 약관 및 기타 계약 조건 (교육 기관 사용자와의 계약을 포함하되 이에 국한되지 않음) 을 여기에서 총칭하여 “계약”이라고 합니다.
본 약관은 서비스 사용과 관련하여 귀하와 Brisk 간의 법적 구속력이 있는 계약입니다.서비스에 접속하거나 이를 사용하거나, [“동의함”] 이라고 표시된 상자를 체크하거나, 서비스 이용 의사를 명시함으로써, 귀하는 본 계약과 본 계약에 명시된 바와 같이 귀하의 정보 수집 및 사용을 읽고 이해했으며 이에 구속되는 데 동의한 것으로 간주됩니다. Brisk 개인정보 보호 공지, 그렇지 않으면 서비스를 이용할 수 없습니다.당사의 서비스는 비교적 자주 변경되기 때문에 본 계약 및 개인정보 취급방침의 조항도 변경될 수 있습니다.변경 시 당사는 이 페이지 상단에 있는 “발효일”을 업데이트할 것입니다.변경 후에도 서비스를 계속 사용하면 Brisk의 웹 사이트, 온라인 플랫폼 및 웹 브라우저 확장 프로그램 (통칭하여 당사의 “서비스”) 과 같이 이 페이지로 연결되는 Brisk Labs Corp. (이하 “Brisk”, “당사” 또는 “당사”) 의 새로운 약관. 제품 및 서비스 (이하 “Brisk”, “당사”) 에 동의하는 것으로 간주됩니다.
***이 약관을 주의 깊게 읽고 각 조항을 이해하시기 바랍니다.본 약관에는 귀하에게 적용되는 섹션 3.8의 필수 개별 중재 합의 (“중재 계약”) 및 섹션 3.9의 집단 소송/배심원 포기 조항 (“집단 소송/배심원 재판 포기”) 이 포함되어 있습니다.중재 계약 및 집단 소송/배심원 소송 포기는 섹션 3.8 및 3.9의 특정 예외만 제외하고 또는 섹션 3.8의 지침에 따라 거부하지 않는 한, 분쟁 해결을 위해서만 배심원 재판이나 집단, 단체, 민간 법무 장관 또는 대표 소송 또는 절차가 아닌 최종적이고 구속력 있는 중재를 개별적으로 독점적으로 사용할 것을 요구합니다.***
Brisk의 서비스는 학생, 교사 및 교육 기관을 위해 구축된 웹 브라우저 확장 프로그램을 제공하여 커리큘럼 작성, 피드백 제공 및 글쓰기 검사를 지원합니다.
귀하는 귀하가 소유하거나 제어하는 장치에만 브라우저 확장 프로그램을 설치하거나 설치하도록 해야 하며, 서비스를 사용하는 데 사용되는 장치에 브라우저 확장 프로그램을 설치하는 것과 관련하여 사용자 또는 기타 최종 사용자에게 적절한 공개를 제공하고 필요한 동의를 받았음을 진술하고 보증합니다.명확성을 기하기 위해 브라우저 확장 프로그램을 연결할 장치 및/또는 사용자 계정을 선택하고 서비스에 참여할 목적으로 해당 장치 또는 계정에 브라우저 확장 프로그램을 설치하는 것은 전적으로 귀하의 책임입니다.
이것은 당신과 Brisk 사이의 계약입니다.서비스를 사용하기 전에 본 계약을 읽고 동의해야 합니다.동의하지 않는 경우 서비스를 사용하지 마십시오.Brisk와 구속력 있는 계약을 체결할 수 있고 본 계약 및 모든 관련 법률을 준수하는 경우에만 서비스를 사용할 수 있습니다.Brisk가 이전에 서비스에서 제거한 사용자는 서비스를 이용할 수 없습니다.
본 이용 약관에 동의함으로써 귀하는 (a) 귀하가 18세 이상이거나, (b) 귀하가 13세에서 18세 사이이며, 부모 또는 교육 기관의 서비스 이용 허가를 받았으며 이를 유지할 것임을 진술하고, (c) 이전에 서비스에서 일시 중지 또는 제거된 적이 없으며, (d) 귀하의 서비스 등록 및 이용이 준수되고 있으며 앞으로도 준수할 것임을 진술하고 보증합니다. 모든 관련 법률 및 규정을 준수합니다.
미성년 자녀가 서비스를 사용하도록 허용한 부모인 경우, 귀하는 자녀를 대신하여 본 약관에 동의하며 자녀의 서비스 활동에 대한 책임은 귀하에게 있습니다.
학생이 교육 환경에서 사용할 수 있도록 서비스를 제공하려는 교육 기관 또는 교사인 경우 학생이 서비스를 사용하도록 허용하기 전에 당사에 연락하여 학생 데이터 처리 계약을 체결해야 합니다.18세 미만의 학생으로 교육 기관을 통해 이러한 서비스를 사용하는 경우, 서비스 사용에는 교육 기관 또는 교사가 부과하는 추가 정책 및 제한이 적용될 수 있으며, 이를 준수해야 서비스를 이용할 수 있습니다.
본 계약의 이용 약관에 따라 Brisk는 귀하에게 서비스 액세스 및 사용 권한을 부여합니다.당사는 서비스 및 Brisk 콘텐츠 (아래에 정의됨) 에서 귀하에게 명시적으로 부여되지 않은 모든 권리를 보유합니다.당사는 이유 여하를 막론하고 언제든지 이 라이선스를 해지할 수 있습니다.
서비스에 대한 귀하의 계정 (귀하의 “사용자 계정”) 은 당사가 때때로 단독 재량으로 구축하고 유지할 수 있는 서비스 및 기능에 대한 액세스를 제공합니다.언제든지 사용자 계정을 취소할 수 있습니다.
당사는 다양한 유형의 사용자에 대해 다양한 유형의 사용자 계정을 유지할 수 있습니다.교육 기관, 회사, 조직 또는 기타 단체를 대신하여 사용자 계정을 개설하는 경우, (i) “귀하”에는 귀하 및 해당 법인이 포함되며, (ii) 귀하는 법인이 본 계약을 준수하도록 할 권한이 있는 법인의 위임 대리인이며 단체를 대신하여 본 계약에 동의함을 진술하고 보증합니다.
타사 서비스를 통해 서비스에 연결함으로써 귀하는 Brisk에 해당 서비스에서 허용한 대로 해당 서비스의 정보를 액세스 및 사용하고 해당 서비스에 대한 로그인 자격 증명을 저장할 수 있는 권한을 부여합니다.Google OAuth를 사용하여 사용자 계정에 로그인하거나 Google 클래스룸을 서비스와 통합된 형태로 사용하는 것과 관련하여 전술한 내용을 제한하지 않는 한, 귀하는 다음 사항을 준수하는 데 동의합니다. 구글 API 서비스 약관 and such other terms and conditions as Google may provide from time to time.
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***You waive and hold us and our affiliates, licensees, and service providers harmless from any claims resulting from any action we or our affiliates, licensees, and service providers take during, or taken as a consequence of, investigations related to such cooperation. ***
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When Brisk is used by an Educational Institution or Teacher for an educational purpose, Brisk may collect or have access to Student Data. “Student Data” is personal information that is directly related to an identifiable Student that is maintained by an Educational Institution or related entity or organization, or by us on behalf of such entity. Student Data may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232(g). If you are a Teacher or Educational Institution and are interested in allowing Students to use our Services for an educational purpose, you must contact us to enter into a student data processing agreement to govern the collection, use and disclosure of Student Data in accordance with FERPA and other applicable laws.
The Services may contain links to third-party materials that are not owned or controlled by Brisk. Brisk does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share your User Contributions on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement does not apply to your use of such sites. You expressly relieve Brisk from any and all liability arising from such use of any third-party website, service, or content.
You agree to defend, indemnify and hold harmless Brisk and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data, Output or content transmitted or received by you; (ii) your violation of any term of this Agreement, including but not limited to your breach of any of the representations and warranties; (iii) your violation of any third-party right, including but not limited to any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any content or information that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
*** You acknowledge that the Services are provided on an “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” basis, including without limitation with respect to any AI Features. The entire risk associated with the quality, performance, accuracy, and effort of the Services lies with you. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, warranties or conditions of, and all liability for: (a) merchantability; (b) fitness for a particular purpose; (c) workmanlike effort; (d) title, non-infringement, and breach of third party rights; (e) adequacy, accuracy, timeliness, and completeness of content or results; (f) arising through course of dealing or usage of trade; and (g) uninterrupted or error-free access or use, in respect of the Services and any outputs therefrom. Without limiting the foregoing, Brisk, its subsidiaries, its affiliates, and its licensors do not warrant that the Brisk Content is accurate, reliable or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location, uninterrupted; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Any content or output downloaded or otherwise obtained through the use of the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Services. We do not warrant, endorse, guarantee, or assume responsibility for any Third-party Materials, and we will not be a party to or in any way monitor any transaction between you and third-party providers of Third-Party Materials.
Federal law, some states, provinces and other jurisdictions do not allow exclusions and limitations of certain implied warranties, so some of the above limitations may not apply to you.***
*** To the maximum extent permitted by applicable law, in no event shall Brisk, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services. Under no circumstances will Brisk be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account or the information contained therein. ***
*** To the maximum extent permitted by applicable law, Brisk assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the services; (v) any malicious software agents that may be transmitted to or through our services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vii) content you create or the defamatory, offensive, or illegal conduct of any third party. In no event shall Brisk, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Brisk hereunder or $100.00, whichever is greater. ***
*** This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Brisk has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. ***
The Services are controlled and operated from US-based facilities, and we make no representations that they are appropriate or available for use in other locations. If you access or use the Services from other jurisdictions, you understand that you are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Because we have to say this, you may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
You agree that: (i) the Services will be deemed solely based in California; and (ii) the Services will be deemed passive services that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 3.8 and preempts all state laws to the fullest extent permitted by law. If the FAA is determined to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods does not apply. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions related to this Agreement. You agree that Santa Clary County, California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
*** Read this section carefully because it requires Parents and Teachers to arbitrate their disputes and limits the manner in which they can seek relief from Brisk. If you are a Parent or Teacher, then this section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Brisk that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Services; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.***
If you are a new User, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing us at privacy@briskteaching.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at privacy@briskteaching.com and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware, unless we agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Brisk agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this section shall be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
*** With respect to all Parents and Teachers, regardless of whether they have obtained or used the Services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You and Brisk agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other users. You and Brisk further agree that, by entering into this Agreement, you and Brisk are each waiving the right to a trial by jury or to bring, join, or participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member.***
Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Legal Department
Tel.:
Email: hello@briskteaching.com
*** Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. This procedure is exclusively for notifying us that your copyrighted material has been infringed. The requirements above are intended to comply with our rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to contact an attorney regarding rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, we have a policy of terminating, as appropriate, Users deemed to be repeat infringers. We may also choose to limit access to the Services and terminate the accounts of Users who infringe intellectual property rights of others, whether or not there is any repeat infringement.***
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us in accordance with the terms of our Privacy Notice. This Agreement, together with any amendments and any additional agreements you may enter into with Brisk in connection with the Services including other agreements referenced herein, constitute the entire agreement between you and Brisk concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Brisk’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision. If access to the Services is licensed to the United States government or any agency thereof, then the Services will be deemed to be “commercial computer software” and “commercial computer software documentation,” pursuant to DFARS Section 227.7202 and FAR Section 12.212, respectively, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. Neither party will hold themselves out to be joint venturers, and neither party is authorized or empowered to act as the agent of the other.
If you have any questions about this Agreement, please contact us at:
privacy@briskteaching.com
If we make material changes to this Agreement, we will provide reasonable notice to you, such as by email to your registered email address, by prominent posting on this website or our online services, or through other appropriate communication channels.