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Terms of Service

GabaBrain by Pixter Learning LLC · Last Updated: January 22, 2026

GabaBrain by Pixter Learning LLC

Last Updated: [DATE]

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. If you do not agree to

these Terms, do not use the Service.

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. If you

are using the Service on behalf of an organization, you represent and

warrant that you have the authority to bind that organization to these

Terms.

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:

If you are a parent or guardian and you provide consent for your child

to use the Service, you agree to be bound by these Terms on behalf of

your child and to be responsible for your child's activity on the

Service.

We do not knowingly collect personal information from children under 13.

If we learn that we have collected personal information from a child

under 13 without parental consent, we will take steps to delete that

information. Please see our Privacy Policy for more information.

3. ACCOUNT REGISTRATION

To access certain features of the Service, you must create an account.

When creating an account, you agree to:

You may not create more than one account per person. You may not use

another person's account without permission. We reserve the right to

suspend or terminate accounts that we reasonably believe violate these

Terms.

4. DESCRIPTION OF SERVICE

GabaBrain is an educational platform that allows users to create, share,

and study with various learning materials, including but not limited to:

The Service also includes features such as:

Features may vary between free and premium (GabaBrain Pro) subscription

tiers.

4.1 ARTIFICIAL INTELLIGENCE FEATURES DISCLAIMER

The Service includes artificial intelligence--assisted features,

including but not limited to automated study rationales, explanations,

recommendations, and other AI-generated content ("AI Features").

You acknowledge and agree that:

\(a\) AI Features are experimental in nature and may generate

inaccurate, incomplete, misleading, offensive, or inappropriate content

("hallucinations");

\(b\) AI-generated content is provided for general educational

assistance only and is not a substitute for authoritative academic

materials, professional instruction, or independent verification;

\(c\) Pixter Learning LLC makes no representations or warranties

regarding the accuracy, reliability, completeness, or suitability of any

AI-generated content; and

\(d\) You are solely responsible for verifying any AI-generated content

before relying on it for academic, professional, medical, legal, or

examination purposes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXTER LEARNING LLC DISCLAIMS

ALL LIABILITY ARISING FROM OR RELATED TO ANY RELIANCE ON AI-GENERATED

CONTENT.

5. SUBSCRIPTION PLANS AND PAYMENT

5.1 Free Tier

GabaBrain offers a free tier that includes limited access to the

Service, including but not limited to:

5.2 GabaBrain Pro

GabaBrain Pro is a premium subscription that provides enhanced features,

including but not limited to:

The current price for GabaBrain Pro is \$8.99 per month. Prices are

subject to change with notice to subscribers.

[5.3 Billing]{.deletion author="Danny Ryan"

date="2025-12-22T21:31:00Z"} [5.3 Billing and

Cancellation]{.insertion author="Danny Ryan"

date="2025-12-22T21:31:00Z"}[]{.paragraph-insertion author="Danny Ryan"

date="2025-12-22T21:31:00Z"}

[By subscribing to GabaBrain Pro, you authorize Pixter Learning LLC to

charge your selected payment method on a recurring basis until

cancellation.]{.insertion author="Danny Ryan"

date="2025-12-22T21:31:00Z"}[]{.paragraph-insertion author="Danny Ryan"

date="2025-12-22T21:31:00Z"}

[Subscriptions automatically renew unless cancelled before the end of

the then-current billing period. You may cancel your subscription at any

time through your account settings within the Service. If you subscribed

online, you will be able to cancel online.]{.insertion

author="Danny Ryan" date="2025-12-22T21:31:00Z"}[]{.paragraph-insertion

author="Danny Ryan" date="2025-12-22T21:31:00Z"}

[Upon cancellation, your subscription will remain active until the end

of the current billing period, after which it will not

renew.]{.insertion author="Danny Ryan" date="2025-12-22T21:31:00Z"}

[By subscribing to GabaBrain Pro, you authorize us to charge your chosen

payment method on a recurring basis. Subscriptions automatically renew

unless cancelled before the end of the current billing period. You may

cancel your subscription at any time through your account settings or by

contacting us.]{.deletion author="Danny Ryan"

date="2025-12-22T21:31:00Z"}[]{.paragraph-deletion author="Danny Ryan"

date="2025-12-22T21:31:00Z"}

5.4 Refunds

[Subscription fees and point purchases are non-refundable except where

required by applicable law. If you believe you are entitled to a refund

under applicable law, please contact us at

pixterlearning@gmail.com.]{.insertion author="Danny Ryan"

date="2025-12-22T21:32:00Z"}[Subscription fees are generally

non-refundable except as required by applicable law or as expressly

stated in these Terms. If you believe you are entitled to a refund,

please contact us at pixterlearning@gmail.com.]{.deletion

author="Danny Ryan" date="2025-12-22T21:32:00Z"}

6. VIRTUAL CURRENCY AND POINTS

6.1 Points (Memory Bank)

GabaBrain features a virtual points system called the "Memory Bank."

Points can be earned through activities such as:

6.2 Point Purchases

Points may also be purchased with real currency. Point packages range

from \$2.99 to \$29.99. All point purchases are final and non-refundable

except as required by applicable law.

6.3 Use of Points

Points may be redeemed for various in-app items and features, including

but not limited to:

6.4 No Real Value

Points have no real-world monetary value and cannot be exchanged for

cash or cash equivalents. Points are non-transferable between accounts.

We reserve the right to modify the points system, including earning

rates and redemption options, at any time.

6.5 Termination

If your account is terminated for violation of these Terms, you forfeit

all accumulated points without refund or compensation.

7. USER CONTENT

7.1 Your Content

The Service allows you to create, upload, post, and share content,

including study materials, flashcards, quizzes, images, text, and other

materials ("User Content"). You retain ownership of your User Content.

7.2 License Grant

By submitting User Content to the Service, you grant Pixter Learning LLC

a worldwide, non-exclusive, royalty-free, sublicensable, and

transferable license to use, reproduce, distribute, prepare derivative

works of, display, and perform your User Content in connection with the

Service and our business, including for promoting and redistributing

part or all of the Service.

7.3 Your Responsibilities

You are solely responsible for your User Content and the consequences of

posting or publishing it. By submitting User Content, you represent and

warrant that:

7.4 Right to Remove

We reserve the right, but have no obligation, to monitor, review, or

remove User Content at our sole discretion, at any time and for any

reason, without notice to you.

8. USER REPRESENTATIONS AND WARRANTIES

By using the Service and uploading User Content, you represent and

warrant that:

9. PROHIBITED CONDUCT

You agree not to:

10. INTELLECTUAL PROPERTY

10.1 Our Property

The Service and its original content (excluding User Content), features,

and functionality are and will remain the exclusive property of Pixter

Learning LLC and its licensors. This includes, but is not limited to:

The Service is protected by copyright, trademark, and other intellectual

property laws. Our trademarks may not be used without our prior written

consent.

10.2 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the

Service ("Feedback"), you grant us the right to use such Feedback

without restriction and without compensation to you.

11. COPYRIGHT AND DMCA

We respect the intellectual property rights of others and expect our

users to do the same. We comply with the Digital Millennium Copyright

Act (DMCA) and other applicable copyright laws.

11.1 Reporting Copyright Infringement

If you believe that your copyrighted work has been copied and is

accessible on the Service in a way that constitutes copyright

infringement, please refer to our Copyright Policy at gababrain.com/dmca

for instructions on how to submit a DMCA takedown notice.

11.2 Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, we have adopted a

policy of terminating, in appropriate circumstances and at our sole

discretion, users who are deemed to be repeat infringers. We may also

limit access to the Service and/or terminate the accounts of any users

who infringe any intellectual property rights of others, whether or not

there is any repeat infringement.

12. THIRD-PARTY SERVICES

The Service may contain links to third-party websites, services, or

resources that are not owned or controlled by us. We have no control

over, and assume no responsibility for, the content, privacy policies,

or practices of any third-party websites or services. You acknowledge

and agree that we are not responsible or liable for any damage or loss

caused by your use of any such content, goods, or services.

13. DISCLAIMERS

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,

WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT

NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT:

USER CONTENT IS NOT VERIFIED FOR ACCURACY. GABABRAIN DOES NOT ENDORSE

ANY USER CONTENT AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE

ACCURACY, QUALITY, LEGALITY, OR APPROPRIATENESS OF ANY USER CONTENT.

YOU USE THE SERVICE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR

YOUR ACADEMIC PERFORMANCE AND DECISIONS.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

Pixter Learning LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS,

SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL,

SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT

LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE

LOSSES, RESULTING FROM:

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE

AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM,

OR ONE HUNDRED DOLLARS (\$100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR

LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,

SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO

YOU.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Pixter Learning LLC

and its officers, directors, employees, contractors, agents, licensors,

and suppliers from and against any and all claims, liabilities, damages,

losses, judgments, awards, costs, and expenses (including reasonable

attorneys' fees) arising out of or relating to:

\(a\) Your violation of these Terms;

\(b\) Your User Content;

\(c\) Your use or misuse of the Service;

\(d\) Any allegation that your User Content or use of the Service

facilitated academic dishonesty, cheating, copyright infringement, or

violation of any academic integrity policy, testing rule, publisher

restriction, or institutional policy; or

\(e\) Your violation of any applicable law or third-party rights.

Pixter Learning LLC reserves the right, at your expense, to assume the

exclusive defense and control of any matter subject to indemnification,

and you agree to cooperate fully in such defense.

[You agree to defend, indemnify, and hold harmless Pixter Learning LLC

and its officers, directors, employees, contractors, agents, licensors,

and suppliers from and against any claims, liabilities, damages,

judgments, awards, losses, costs, expenses, or fees (including

reasonable attorneys' fees) arising out of or relating to:]{.deletion

author="Danny Ryan" date="2025-12-22T21:29:00Z"}[]{.paragraph-deletion

author="Danny Ryan" date="2025-12-22T21:29:00Z"}

16. DISPUTE RESOLUTION

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the

laws of the Commonwealth of Pennsylvania, United States, without regard

to its conflict of law provisions.

16.2 Informal Resolution

Before filing a claim against us, you agree to try to resolve the

dispute informally by contacting us at pixterlearning@gmail.com. We will

try to resolve the dispute informally by contacting you via email. If a

dispute is not resolved within 30 days of submission, you or we may

bring a formal proceeding.

16.3 Arbitration []{.insertion author="Danny Ryan"

date="2025-12-22T21:33:00Z"}[]{.paragraph-insertion author="Danny Ryan"

date="2025-12-22T21:33:00Z"}

[Any dispute arising out of or relating to these Terms or the Service

shall be resolved by binding arbitration administered by the American

Arbitration Association ("AAA") under its Consumer Arbitration

Rules.]{.insertion author="Danny Ryan"

date="2025-12-22T21:33:00Z"}[]{.paragraph-insertion author="Danny Ryan"

date="2025-12-22T21:33:00Z"}

[If twenty-five (25) or more similar arbitration demands are filed by or

on behalf of different users against Pixter Learning LLC, the parties

agree that such demands shall be resolved in batches of up to fifty (50)

claims per batch. Each batch shall be arbitrated sequentially, and no

additional batches may be initiated until the prior batch is

resolved.]{.insertion author="Danny Ryan"

date="2025-12-22T21:33:00Z"}[]{.paragraph-insertion author="Danny Ryan"

date="2025-12-22T21:33:00Z"}

[This batch arbitration process is intended to promote efficiency and

avoid abusive filing practices.]{.insertion author="Danny Ryan"

date="2025-12-22T21:33:00Z"}

[Any dispute arising from or relating to these Terms or the Service

shall be finally settled by binding arbitration administered by the

American Arbitration Association in accordance with its Consumer

Arbitration Rules]{.deletion author="Danny Ryan"

date="2025-12-22T21:33:00Z"}. The arbitration will be conducted in York,

Pennsylvania, unless you and we agree otherwise. Each party will be

responsible for its own arbitration fees and costs.

16.4 Class Action Waiver

YOU AND Pixter Learning LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST

THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF

OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other

equitable relief in any court of competent jurisdiction to protect its

intellectual property rights.[]{.paragraph-insertion author="Danny Ryan"

date="2025-12-22T21:34:00Z"}

[16.6 Arbitration Opt-Out]{.insertion author="Danny Ryan"

date="2025-12-22T21:35:00Z"}[]{.paragraph-insertion author="Danny Ryan"

date="2025-12-22T21:35:00Z"}

[You may opt out of this arbitration agreement by sending written notice

to pixterlearning@gmail.com within thirty (30) days of first creating

your account. Your notice must include your name, email address, and a

clear statement that you wish to opt out of arbitration. Opting out will

not affect any other provision of these Terms.]{.insertion

author="Danny Ryan" date="2025-12-22T21:35:00Z"}

17. TERMINATION

17.1 Termination by You

You may terminate your account at any time by using the account deletion

feature in the app or by contacting us at pixterlearning@gmail.com. Upon

termination, your right to use the Service will immediately cease.

17.2 Termination by Us

We may terminate or suspend your account and access to the Service

immediately, without prior notice or liability, for any reason,

including if you breach these Terms. Upon termination:

17.3 Survival

The following sections shall survive termination: User Content (license

grant), Intellectual Property, Disclaimers, Limitation of Liability,

Indemnification, Dispute Resolution, and any other provisions that by

their nature should survive.

18. MODIFICATIONS TO THE SERVICE

We reserve the right to modify, suspend, or discontinue the Service (or

any part thereof) at any time, with or without notice. We shall not be

liable to you or any third party for any modification, suspension, or

discontinuance of the Service.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal

notices published by us on the Service, constitute the entire agreement

between you and Pixter Learning LLC regarding the Service.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid,

that provision will be limited or eliminated to the minimum extent

necessary, and the remaining provisions will remain in full force and

effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be

considered a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder

without our prior written consent. We may assign these Terms without

restriction.

19.5 Notices

We may provide notices to you via email, in-app notification, or by

posting on the Service. You may provide notices to us by email at

pixterlearning@gmail.com.

20. CONTACT INFORMATION

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

Pixter Learning LLC

847 Midland Ave

York, PA 17403

Email: pixterlearning@gmail.com

Website: gababrain.com