Terms of Service

Welcome to GabaBrain! These Terms of Service ("Terms") govern your access to and use of the GabaBrain application, website, and related services (collectively, the "Service") provided by Pixter Learning LLC ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

2. Eligibility

To use the Service, you must:

• Be at least 13 years of age. If you are under 18, you represent that you have your parent or guardian's permission to use the Service.
• Not be barred from using the Service under applicable law.
• Not have been previously banned or removed from the Service.

3. Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Keep your password secure and confidential.
• Accept responsibility for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

By providing your phone number during registration, you consent to receive SMS/text messages from GabaBrain, including marketing messages, account notifications, verification codes, security alerts, and customer support communications. Message frequency may vary. Standard message and data rates may apply. You may opt out at any time by replying STOP. Consent is not a condition of purchase. See our Privacy Policy for more details.

4. Description of Service

GabaBrain is an educational platform that allows users to create, share, and study with various learning materials, including:

• Flashcards
• Multiple choice quizzes
• True/false questions
• Fill-in-the-blank exercises
• Matching games
• Odd one out challenges

The Service also includes features such as multiplayer challenges, daily challenges with rewards, customizable avatars, points-based rewards system (Memory Bank), and AI-assisted study tools.

4.1 Artificial Intelligence Features Disclaimer

The Service includes artificial intelligence-assisted features. You acknowledge and agree that:

• AI Features are experimental in nature and may generate inaccurate, incomplete, or misleading content;
• AI-generated content is provided for general educational assistance only and is not a substitute for authoritative academic materials;
• You are solely responsible for verifying any AI-generated content before relying on it.

5. Subscription Plans and Payment

5.1 Free Tier

GabaBrain offers a free tier that includes limited access to the Service, including up to 5 multiplayer matches per day, 1 daily challenge attempt per day, up to 3 hints per day, and unlimited creation of study materials.

5.2 GabaBrain Pro

GabaBrain Pro is a premium subscription ($8.99/month) that provides enhanced features including unlimited multiplayer matches, unlimited daily challenge attempts, unlimited hints, ad-free experience, 2x points multiplier, exclusive avatar items, and offline access.

5.3 Billing and Cancellation

Subscriptions automatically renew unless cancelled before the end of the billing period. You may cancel your subscription at any time through your account settings.

6. Virtual Currency and Points

GabaBrain features a virtual points system called the "Memory Bank." Points can be earned through activities and purchased with real currency. Points have no real-world monetary value and cannot be exchanged for cash. If your account is terminated for violation of these Terms, you forfeit all accumulated points without refund.

7. User Content

You retain ownership of your User Content. By submitting User Content to the Service, you grant Pixter Learning LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your User Content in connection with the Service.

You are solely responsible for your User Content and represent that you own or have the necessary rights to share it.

8. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose
• Upload copyrighted material without authorization
• Upload actual exams, test banks, or solution manuals without permission
• Use the Service to cheat or facilitate academic dishonesty
• Harass, bully, or threaten other users
• Post hateful, discriminatory, or objectionable content
• Attempt to gain unauthorized access to accounts or systems

9. Intellectual Property

The Service and its original content, features, and functionality are the exclusive property of Pixter Learning LLC. This includes the GabaBrain name, logo, branding, and the Mr. Brain mascot.

10. Copyright and DMCA

We respond to notices of alleged copyright infringement that comply with the DMCA. Please refer to our Copyright Policy for instructions on how to submit a takedown notice.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. USER CONTENT IS NOT VERIFIED FOR ACCURACY.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXTER LEARNING LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

13. Dispute Resolution

These Terms shall be governed by the laws of the Commonwealth of Pennsylvania. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association. You agree to bring claims only in your individual capacity and not as part of any class action.

14. Termination

You may terminate your account at any time. We may terminate or suspend your account for any reason, including breach of these Terms. Upon termination, your right to use the Service ceases immediately.

15. Contact Information

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

Pixter Learning LLC
Email: support@gababrain.com