Terms of Service

1. Acceptance of Terms

By using BrightPath (“the Service”), you agree to these Terms of Service. If you do not agree, please do not use the Service. These terms apply to all users, including free and paid subscribers.

2. Description of Service

BrightPath provides educational guidance tools for U.S. parents and guardians of children who may have special educational needs or disabilities. This includes indicator assessments, condition guidance, daily logging, IEP process information, personalized letters, and state-specific advocacy resources.

3. Not Medical or Legal Advice

⚠️ BrightPath provides educational guidance only. It is not a substitute for professional medical, psychological, or legal advice. Assessment results are not diagnoses. Always consult qualified professionals — including licensed clinicians, psychologists, and special education attorneys — for decisions about your child's health and education.

Letters are provided as starting points and should be reviewed carefully before use. BrightPath does not guarantee any particular outcome from using these letters or following any guidance provided on the platform.

HIPAA: BrightPath is not a HIPAA covered entity and does not handle Protected Health Information (PHI) as defined by HIPAA. Information you enter about your child's learning or developmental characteristics is educational guidance data only.

4. Eligibility

You must be at least 18 years old and the parent or legal guardian of any child whose information you enter into BrightPath. BrightPath is intended for use by parents and guardians in the United States. By using the Service, you represent that you meet these requirements and that any child-related information you submit relates to a child in your legal care.

5. Sensitive Personal Data — Your Consent

BrightPath collects information that may be sensitive in nature, including:

• Your child's name, age, and educational details (optional)
• Assessment responses describing your child's developmental, behavioral, or learning characteristics
• Daily log entries including mood, behavior, and free-text notes

By submitting this information, you explicitly consent to BrightPath processing it in accordance with our Privacy Policy for the purpose of generating personalized guidance, letters, and next steps.

This information may be transmitted to our AI sub-processor (Anthropic, Inc.) solely to generate your content. It is never sold, used for advertising, or shared for any commercial purpose. You may withdraw consent at any time by deleting your account or contacting privacy@brightpathapp.org.

6. Subscriptions and Payments

BrightPath offers a free tier and paid subscription plans. Paid subscriptions are billed monthly. You may cancel at any time — your access continues until the end of the current billing period and you will not be charged again.

Payments are processed by Stripe. By subscribing, you agree to Stripe's terms of service in addition to these terms.

We reserve the right to change pricing with 30 days' notice to existing subscribers. Refunds are handled on a case-by-case basis — contact us within 7 days of a charge if you believe an error has occurred.

7. Acceptable Use

You agree not to:

• Use BrightPath for any unlawful purpose
• Attempt to circumvent any access controls or tier restrictions
• Scrape, copy, or republish content from the platform without permission
• Share your account with others or resell access
• Submit false or misleading information
• Use the Service in relation to a child who is not in your legal care

8. Intellectual Property

All content on BrightPath — including text, code, design, data compilations, and generated content — is owned by or licensed to BrightPath. You may use content generated for your child's specific situation (letters, guidance, tips) for personal, non-commercial purposes. You may not reproduce or redistribute platform content at scale.

9. Limitation of Liability

To the fullest extent permitted by law, BrightPath shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including reliance on any guidance, letters, or information provided. Our total liability shall not exceed the greater of (a) the amount you paid us in the 12 months prior to the claim, or (b) one hundred dollars ($100).

10. Disclaimers

BrightPath is provided “as is” without warranties of any kind. We do not warrant that the Service will be uninterrupted, error-free, or that results will be accurate for any specific child or situation. Indicator alignments are based on published research and guidelines but may not reflect every individual case.

11. Data Protection

Your use of BrightPath is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key commitments include:

• We do not sell your data or use it for advertising
• Sensitive assessment data is encrypted at rest (AES-256) and in transit (TLS)
• In the event of a data breach affecting your data, we will notify you within 72 hours
• You may request deletion of your data at any time by contacting privacy@brightpathapp.org

12. Termination

You may delete your account at any time. We reserve the right to suspend or terminate accounts that violate these terms. On termination, your personally identifiable data will be deleted within 30 days unless retention is required by law. Backup copies are purged within 90 days. You may request a data export before deleting your account.

13. Governing Law & Dispute Resolution

These terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.

Informal resolution first: Before filing any formal dispute, you agree to contact us at hello@brightpathapp.org and allow 30 days to attempt to resolve the matter informally.

Binding arbitration: If informal resolution is unsuccessful, any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA). Arbitration shall take place in Delaware or, at your election, by phone or video. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.

Class action waiver: You agree to resolve disputes with us on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding against BrightPath.

Exceptions: Either party may seek injunctive relief in any court of competent jurisdiction for claims involving intellectual property or unauthorized access to the Service. Nothing in this section limits your right to file a complaint with a government agency.

14. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 14 days' notice by email before the new terms take effect. Continued use of BrightPath after that date constitutes acceptance of the updated Terms.

15. Contact

Questions about these terms: hello@brightpathapp.org