Terms of Service

BrainBuffet Solutions, Inc. Terms of Service and Privacy Policy

1. Terms

By accessing the website at https://brainbuffet.com you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on BrainBuffet Solutions, Inc.’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on BrainBuffet Solutions, Inc.’s website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BrainBuffet Solutions, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on BrainBuffet Solutions, Inc.’s website are provided on an ‘as is’ basis. BrainBuffet Solutions, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
2. Further, BrainBuffet Solutions, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall BrainBuffet Solutions, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on BrainBuffet Solutions, Inc.’s website, even if BrainBuffet Solutions, Inc. or a BrainBuffet Solutions, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on BrainBuffet Solutions, Inc.’s website could include technical, typographical, or photographic errors. BrainBuffet Solutions, Inc. does not warrant that any of the materials on its website are accurate, complete or current. BrainBuffet Solutions, Inc. may make changes to the materials contained on its website at any time without notice. However BrainBuffet Solutions, Inc. does not make any commitment to update the materials.

6. Links

BrainBuffet Solutions, Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BrainBuffet Solutions, Inc. of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

BrainBuffet Solutions, Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of FL and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Privacy Policy

Your privacy is important to us.

How do we protect student information?

The only student information we collect from teachers is the student’s first name, last name and email, in order for them to log in. This information is only visible to the teacher who added them, and the license manager who added the teacher. The data we collect is protected according to NIST Federal standards.

1. Definition of “Data”
   1. Data include all Personally Identifiable Information (PII) and other non-public information. Data include, but are not limited to, student data, metadata, and user content.
2. Data De-Identification
   1. Provider may use deidentified Data for product development, research, or other purposes. De-identified Data will have all direct and indirect personal identifiers removed. This includes, but is not limited to, name, ID numbers, date of birth, demographic information, location information, and school ID. Furthermore, Provider agrees not to attempt to re-identify deidentified Data and not to transfer de-identified Data to any party unless that party agrees not to attempt reidentification
3. Marketing and Advertising
   1. Provider will not use any Data to advertise or market to students or their parents. Advertising or marketing may be directed to the School/District only if student information is properly de-identified
4. Modification of Terms of Service
   1. Provider will not change how Data are collected, used, or shared under the terms of this Agreement in any way without advance notice to and consent from the School/District.
5. Data Collection
   1. Provider will only collect Data necessary to fulfill its duties as outlined in this Agreement.
6. Data Use
   1. Provider will use Data only for the purpose of fulfilling its duties and providing services under this Agreement, and for improving services under this Agreement.
7. Data Mining
   1. Provider is prohibited from mining Data for any purposes other than those agreed to by the parties. Data mining or scanning of user content for the purpose of advertising or marketing to students or their parents is prohibited.
8. Data Sharing
   1. Data cannot be shared with any additional parties without prior written consent of the User except as required by law.
9. Data Transfer or Destruction
   1. Provider will ensure that all Data in its possession and in the possession of any subcontractors, or agents to which the Provider may have transferred Data, are destroyed or transferred to the School/District under the direction of the School/District when the Data are no longer needed for their specified purpose, at the request of the School/District. User accounts are removed from the site after one year of inactivity to avoid security risks associated with that data.
10. Rights and License in and to Data
    1. Parties agree that all rights, including all intellectual property rights, shall remain the exclusive property of the School/District, and Provider has a limited, nonexclusive license solely for the purpose of performing its obligations as outlined in the Agreement. This Agreement does not give Provider any rights, implied or otherwise, to Data, content, or intellectual property, except as expressly stated in the Agreement. This includes the right to sell or trade Data.
11. Access
    1. Any Data held by Provider will be made available to the School/District upon request by the School/District
12. Security Controls
    1. Provider will store and process Data in accordance with industry best practices. This includes appropriate administrative, physical, and technical safeguards to secure Data from unauthorized access, disclosure, and use. Provider will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Provider will also have a written incident response plan, to include prompt notification of the School/District in the event of a security or privacy incident, as well as best practices for responding to a breach of PII. Provider agrees to share its incident response plan upon request.