Terms of Service

1. Introduction

Welcome to BrainBug Learning LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website located at https://brainbuglearning.com (the "Site") and our tutoring services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Services Offered

BrainBug Learning LLC provides personalized tutoring services for students from kindergarten through 12th grade, as well as select college services. Our Services include homework assistance, test preparation, standardized test preparation and skill-building sessions delivered either online via Zoom or in-person at the student's residence. We also offer package deals where clients can purchase bundles of sessions at discounted rates.

3. Eligibility

By using our Services, you represent that you are at least 18 years of age or are using the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or guardian allowing a minor to use the Services, you agree to supervise the minor's use and be responsible for any violations of these Terms.

4. Account Registration

To access certain features of our 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 and complete. You are responsible for safeguarding your account password and for all activities that occur under your account.

5. Booking and Scheduling

Appointments for tutoring sessions can be booked through our online scheduling platform powered by Acuity Scheduling. Upon booking, you will receive a confirmation email with the session details. Please ensure that all information provided during booking is accurate to avoid any disruptions.

6. Payment Terms

Payment Processor: All payments, including those for individual sessions and package bundles, are processed securely through Stripe. We accept major credit and debit cards.

  1. Payment Timing: Payment in full is required at the time of booking for individual sessions and at the time of purchase for package bundles.

  2. Pricing: Our current rates for individual services are listed on our Services Page. Our current rates for Packages are listed on the following pages split between grade level: Kindergarten - Grade 5, Grade 6 - Grade 8, Grade 9 - Grade 12, College Level. All prices are subject to change without notice.

  3. Taxes and Fees: Applicable taxes and processing fees will be added to the total amount due, if required by law.

7. Packages and Expiration

Package Purchase: We offer packages that allow you to purchase multiple tutoring sessions at a discounted rate.

  1. Expiration of Packages: All packages expire one (1) year from the date of purchase. It is your responsibility to schedule and use all sessions within this period. Any unused sessions after the expiration date will be forfeited without refund.

  2. Refund Policy for Packages: Packages are non-refundable. Due to the discounted rates provided with package purchases, we cannot offer refunds on any unused or expired sessions, except as required by law. Please carefully consider your schedule and tutoring needs before purchasing a package.

  3. Transferability: Each package applies to one student as specified at the time of purchase. Packages are non-transferable and cannot be shared among multiple students. If it is determined that a package is being used for multiple students without our prior written consent, we reserve the right to cancel the unauthorized sessions. Any remaining sessions will be returned to the original purchaser's account for use by the designated student only.

  4. Extension Requests: "Under special circumstances, you may request a one-time extension before the package expires. Approval of extensions is at the sole discretion of BrainBug Learning LLC and must be requested before the expiration date."

8. Cancellation and Rescheduling Policy

Free Cancellations: You may cancel individual sessions without any charge up to 24 hours before the scheduled time. This applies to both single sessions and sessions booked as part of a package.

  1. Late Cancellations: Cancellations made less than 24 hours before the scheduled session will incur a fee equal to 50% of the session cost or result in the session being deducted from your package balance.

  2. No-Shows: If you fail to attend a scheduled session without prior notice, the full session fee will be forfeited or the session will be deducted from your package balance.

  3. Rescheduling: Rescheduling requests made at least 24 hours in advance are free of charge. Rescheduling requests made less than 24 hours in advance will be subject to a 50% rescheduling fee of the session cost or result in the session being deducted from your package balance.

9. User Responsibilities

Accurate Information: You agree to provide accurate and complete information when using our Services and to update such information as necessary.

  1. Technical Requirements: For online sessions, you are responsible for providing a suitable device with a functioning webcam and microphone, as well as a stable internet connection.

  2. In-Person Sessions: For in-home tutoring, you agree to provide a safe, quiet, and appropriate environment conducive to learning.

  3. Code of Conduct: You agree to behave respectfully towards our tutors. Inappropriate behavior may result in termination of Services without refund.

  4. Compliance with Package Terms: You agree to comply with all terms related to package purchases, including expiration, refund policy, and transferability.

10. Intellectual Property Rights

All content on the Site and provided through our Services, including but not limited to text, graphics, logos, images, and software, is the property of BrainBug Learning LLC or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without our express written permission.

11. Disclaimers and Limitation of Liability

No Guarantees: While we strive to provide the highest quality tutoring services, we do not guarantee specific academic results or improvements.

  1. Service Availability: We do not warrant that the Services will be uninterrupted or error-free. We are not liable for any delays or failures in performance resulting from acts beyond our reasonable control.

  2. Limitation of Liability: In no event shall BrainBug Learning LLC be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless BrainBug Learning LLC, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.

13. Third-Party Services

Our Services may integrate with third-party services such as Acuity Scheduling, Stripe and Zoom. Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the content or practices of any third-party websites or services.

14. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy Page, which explains how we collect, use, and protect your personal information. By using our Services, you consent to the practices described in the Privacy Policy.

15. Termination

Upon termination of your account or Services for any reason, you will not be entitled to a refund for any unused sessions, including those in a package, except as required by law. Any remaining sessions will be forfeited, and any outstanding fees or charges will remain your responsibility.

16. Governing Law

These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.

17. Dispute Resolution and Arbitration Agreement

a. Mandatory Binding Arbitration

You and BrainBug Learning LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes") shall be resolved through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

b. Arbitration Procedures

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by these Terms. The arbitration shall be conducted in Brooklyn, New York, unless you and BrainBug Learning LLC agree otherwise.

c. Class Action Waiver

You and BrainBug Learning LLC agree that any arbitration shall be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive any right to participate in class actions, class arbitrations, or any representative actions.

d. Exceptions

Notwithstanding the foregoing, both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

e. Opt-Out Procedure

You may opt out of this arbitration agreement by sending an email at braingbuglearning@gmail.com within 30 days of first accepting these Terms.

f. Severability

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration.

18. Changes to the Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on the Site. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms

19. Contact Information

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

BrainBug Learning LLC
Email: brainbuglearning@gmail.com

20. Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, and Internet outages.

21. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and BrainBug Learning LLC regarding the use of the Services and supersede any prior agreements between us.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.