Updated Dec 17, 2025

Brainscape Terms of Service

Brainscape's mission is to help you reach your goals faster, through stronger study habits. In order to pursue this mission, we strive to maintain the fairest and most secure learning technology, in a way that is still compatible with our ability to grow as a business.

These Terms (aka the "User Agreement") govern your use of Brainscape, including our iOS applications, our Android application, and the Website located at www.brainscape.com (collectively, "the apps"), which are made available by Bold Learning Solutions, Inc. ("Brainscape" or "we" or "us").

Brainscape's data collection and privacy practices are covered separately in our Privacy Policy.

Your use of the Services implicitly constitutes your ongoing acceptance of both our Terms and our Privacy Policy.

The Service is for users of all ages. For children younger than 13, parental consent is required. By using the Service, you represent and warrant that your use of the Service does not violate any applicable law or regulation.

If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account.

You must immediately notify Brainscape of any unauthorized uses of your data, your account or any other breaches of security. Brainscape will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Brainscape may from time to time set storage limits for your data, or take any other measures Brainscape considers appropriate to manage the Service. Accounts are for individuals only and sharing accounts with multiple people, including people at the same organization is strictly forbidden and may result in termination of your account and termination of your and your organization’s access to the services without refund of any kind.

You may always delete your account and user data on your own using Brainscape's 'Account' system, or you may request to have your user account completely removed from Brainscape's databases, by contacting us at support@brainscape.com.

By using our service, you agree that you will not:

If you create or edit flashcards, or otherwise make material available by means of the Service (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content.

That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software or any other format in which Brainscape stores data.

You are also entirely responsible for ensuring that you are lawfully entitled to use any information and content. Brainscape does not assume any responsibility for damage caused by your acts, errors, omissions or negligence with respect to the content you post to Brainscape.

If you create or edit flashcards, or otherwise make material available by means of the Service (any such material, "Content"), you also agree that your content does not:

Brainscape reserves the right to remove any content for violating the above provisions, and to prosecute users who commit such violations.

All properly identified "Brainscape-Certified" study materials are owned by or licensed to Brainscape, and all rights are reserved. You must abide by all copyright notices and restrictions contained on the Brainscape Site.

You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any "Brainscape-Certified" materials from the apps (including computer programs or other code) ("App Materials"), except that you make a reasonable number of machine-readable copies of the App Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the App Materials.

Users creating original content on the Brainscape platform own full rights to their content. After posting your original content on Brainscape, you may later "export" this content to use it in other media with no persecution from Brainscape or its partners, provided that your content does not violate the copyright protection of any other third-party publisher.

Brainscape is not responsible for any copyright violations of third parties that you make with your content, and we will immediately remove any violating materials that are brought to our attention by a third party.

If you have authored original content in Brainscape, you reserve the right to make it private by upgrading to a Pro account, which will require anyone you share it with to also have a pro account.

You may also contact Brainscape to explore opportunities to partner with us to create Brainscape-Certified content or to enter into other formal business relationships, with which you may be entitled to additional protections or compensation for your original content.

Without such relationships, you acknowledge that other users may discover your public content, duplicate your content, and/or even upgrade to Brainscape to unlock full access to your content. Brainscape is not responsible for protecting the copyright of your publicly posted material, or for compensating unaffiliated content authors who have not made their Brainscape content private or entered into a formal business relationship with us.

As Brainscape asks others to respect its intellectual property rights, it also respects the intellectual property rights of others. If you believe that material located on or linked to by Brainscape violates your copyright, you are encouraged to notify Brainscape by email at support@brainscape.com.

Brainscape will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Brainscape or others, Brainscape may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Brainscape will have no obligation to provide a refund of any amounts previously paid to Brainscape.‍

Under section 107 of the Copyright Act of 1976, allowance is made for “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is a use permitted by copyright statute that might otherwise be infringing.It provides for the legal, non-licensed citation or incorporation of copyrighted material in another author’s work under a four-factor balancing test.

p The Services may contain copyrighted material, the use of which may not have been specifically authorized by the copyright owner, but which we believe in good faith are protected by federal law and the fair use doctrine for one or more of the reasons noted above. If you have any specific concerns about our position on the fair use defense, please contact us at support@brainscape.com.‍

Brainscape has not reviewed, and cannot review, all of the material posted to the Service, and cannot therefore be responsible for that material's content, use or effects. By operating the Service, Brainscape does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Brainscape disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Brainscape links, and that link to Brainscape. Brainscape does not have any control over those non-Brainscape websites and webpages, and is not responsible for their contents or their use.

By linking to a non-Brainscape website or webpage, Brainscape does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. Brainscape disclaims any responsibility for any harm resulting from your use of non-Brainscape websites and webpages.‍

Individuals may obtain a membership to Brainscape without paying a fee. For access to additional features and content, individuals may purchase a Pro subscription plan directly from Brainscape on our Website or in our mobile apps, using a credit card or mobile payment options. Pro pricing information for individuals is kept publicly available in multiple places across our Service.

If you purchase a Pro subscription as an individual, you promise that your registration information, payment details, and any other information that you submit to us are true, accurate, and complete, and that you are the authorized user of the credit card submitted. You agree to update your information in a timely fashion to prevent your Plan from being suspended or cancelled.

If you have provided incorrect or inaccurate information, or if you need to update your information, you should return to the Account screen or correct such information in your account settings. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the Brainscape Services, your Pro Subscription Plan, or the rights conferred to you pursuant to the Agreement.

You also acknowledge that Brainscape or our credit card processors, including the mobile app stores where our application is available, may reserve the right to change fees or billing methods, or to charge additional processing fees in certain conditions.

Companies, schools, government agencies, and other types of organizations may also enter into license agreements with Brainscape, with prices and payment methods that are negotiated separately from these Terms, and which may potentially include additional services not necessarily mentioned in these Terms.

On occasion, such organizational licenses may first originate with an individual Brainscape user, such as an educator or employee, who initiates communication between Brainscape and their organization, ultimately resulting in the creation of an organizational account. In such cases, the original Brainscape user may relinquish the copyright of the content that they had initially created in Brainscape, where the copyright becomes owned by their parent organization, if it wasn't already.

Unless otherwise specified in the custom agreements, the provisions in these Terms and in our Privacy Policy shall apply equally to our organizational clients as well as to individuals.

All Pro Subscription Plans must be fully paid prior to each Subscription Period. Once a subscription for a Pro Subscription Plan is paid, that subscription is non-cancelable and non-refundable.

You will be charged prior to being granted access to your Paid Subscription Plan. At the end of your current Subscription Period, your Pro Subscription Plan subscription will automatically renew and you will be charged for the next Subscription Period in accordance with your registered payment information. If you do not pay for your Pro Subscription Plan on time, Brainscape reserves the right to suspend your account or remove Pro Subscription Plan features.

If you manually cancel your Pro Subscription Plan, your Pro access will continue through the date of the last prepaid period's completion.

From time to time, Brainscape may change the price for a Pro Subscription Plan. If such price change applies to you, it will be effective from the beginning of your next Subscription Period. Your continued use of the Brainscape Services constitutes your acceptance of the price change.

If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription prior to your next Subscription Period renewal. We do not provide any refunds if the price for a Pro Subscription Plan drops, or if we offer subsequent promotional pricing or change the content or features of a Subscription Plan. ‍

Brainscape may decide to change or replace our Subscription Plan. If the Subscription Plan you have subscribed for is changed or replaced, your subscription will automatically be for the Subscription Plan that corresponds with the pricing of your original plan unless you chose to upgrade your subscription.‍

Brainscape may occasionally offer virtual or monetary incentives to active users who wish to invite others to register for the service. If you wish to participate in such affiliate programs, it should be known that:

The Service and its entire contents, features, and functionality (including but not limited to the website, mobile application, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Brainscape, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Brainscape hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to download, install, and use the Services for your personal, non-commercial use on a single computer and/or mobile device (if using the mobile application) owned or otherwise controlled by you strictly in accordance with these Terms and Conditions, and expressly conditioned upon your Account remaining active, in good standing, and in full compliance with these Terms of Service.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services except as permitted by this Terms of Service.

Further, you must not use the Services for any other purposes intended to benefit a party other than you. Each license granted by Brainscape is assigned to a single, named user and may not be shared, sublicensed, sold, transferred, or used by multiple individuals.

You may not permit others to access the services using your credentials, nor may you use a single license on multiple devices or machines in excess of the permitted number under your subscription plan. Your organization is responsible for ensuring that all users comply with these terms and use the Services solely in accordance with their assigned license.

Unauthorized sharing of login credentials or simultaneous access from multiple devices or users under a single license is strictly prohibited. To protect the integrity of the platform, we reserve the right to monitor usage patterns and audit account activity. If we detect any unauthorized use, we may (at our sole discretion) suspend or terminate access, require you to purchase additional licenses, or take legal action to enforce our rights.‍

Brainscape, the Brainscape Logo, and any other trademarks in the apps are trademarks owned by Bold Learning Solutions, Inc. You may not use these trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us.

The Service, including without limitation all technology and content, may be changed at the sole discretion of Brainscape.

Further, changes to these Terms may be made periodically, so please review them on occasion before using the apps. We will make reasonable attempts to communicate material changes to the Terms, and will make the most recent version of the Terms available on the Website along with the most recent date when they were modified.

By using the apps after we modify the Agreement, you accept the new version of the Terms. If you do not agree to the changes, please do not continue to use the apps and/or please feel free to delete your account.

Except as otherwise expressly stated, all content posted to or available from the Service is provided "as is", and Brainscape, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights.

You understand and agree that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk, and that Brainscape, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.‍

Except as otherwise expressly stated, in no event will Brainscape, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Brainscape, its suppliers or its licensors were expressly advised of the possibility of such damages.

You will indemnify and hold Brainscape, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Website, your violation of this Agreement, or your violation of any rights of a third party.

In no event will the aggregate liability for any and all of your claims against Brainscape, its suppliers and its licensors arising out of or related to use of the Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Brainscape during the 12-month period prior to the date a claim is made.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your access to and use of the Apps. No provision of this Agreement may be interpreted to limit our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

You represent and warrant that your use of the Service will be in accordance with Brainscape's Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations — including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside — and with any other applicable policy or terms and conditions.‍

This Agreement will continue to apply for as long as you use a free or paid Brainscape account. Brainscape may terminate the Agreement or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorized use of the Service and/or Resources, or non-compliance with the Agreement.

If you or Brainscape terminate the Agreement, or if Brainscape suspends your access to the Service in accordance with the Agreement, you agree that Brainscape shall have no liability or responsibility to you and Brainscape will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

Any License granted to you on the Brainscape Subscription Plan not already terminated by the expiry of your Subscription Plan shall be terminated as of the termination or expiry of the Agreement. You hereby acknowledge and agree that the perpetual license granted to Brainscape by you in relation to Public User Content (see section Public User Content) will continue after expiry or termination of any of the Agreement for any reason.

Sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.

Note that all fees are exclusive of taxes, which we may charge as applicable. You agree to pay any taxes applicable to your use of the Pro Subscription Plan. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you are subject to GST, all fees are exclusive of GST. If you are located in Canada, all fees are exclusive of GST, PST and HST.‍

You agree that any dispute between you and us will be governed by the laws of the United States of America and the State of Delaware, without regard to choice of law rules, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of Delaware.

If you are located outside of the United States of America, you agree that, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the courts of the United States of America and the State of Delaware, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts. You agree that, notwithstanding any provision of law to the contrary, if you are located outside of the United States, we may satisfy our obligation to serve you with legal process by sending an electronic mail message to the email address that you provided when you registered for the Services or by sending a paper communication to you at the postal address that you provided when you registered for the Services.

You further agree that service will be deemed accomplished when we send the electronic mail message or paper communication, as appropriate, and that service may be proven through evidence that we sent the communication, regardless of whether we obtain evidence that you received the communication or that the communication was not delivered.

This Agreement constitutes the entire agreement between you and us. They govern your use of the apps (but excluding services, if any, that we may provide to you under a separate written agreement), and completely replace any prior agreements between you and us in relation to the apps.

Even if we act in a way that you believe to be inconsistent with this Agreement, those actions will not be deemed a waiver or constructive amendment of this Agreement. Similarly, our failure to object to your breach of your obligations under this Agreement does not constitute a waiver of any of our rights.

If any provision of this Agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this Agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will be deemed replaced with a comparable provision that most closely reflects the intent of the parties.

We reserve the right to terminate the Apps and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

If you have any questions regarding these Terms, please feel free to contact us at support@brainscape.com.

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