Limitation of Liability

Legal & Compliance Last Updated: November 12, 2025

By accessing, using, or enrolling in any educational services provided by BrightMinds Tutoring (collectively, the "Services"), you acknowledge and agree to the limitation of liability terms set forth below. These terms form an integral part of our Terms of Service and govern the extent to which BrightMinds Tutoring may be held liable for any claims, damages, or losses arising from your use of our Services.

1. Educational Nature of Services

BrightMinds Tutoring provides instructional, advisory, and supplementary educational support. Our Services are designed to complement, not replace, formal schooling, institutional curricula, or professional academic advising. Tutoring outcomes are inherently dependent upon multiple variables, including but not limited to student attendance, engagement, prior academic foundation, home study habits, and external educational environments.

2. No Guarantee of Academic Results

BrightMinds Tutoring expressly disclaims any warranty or guarantee, express or implied, regarding specific academic outcomes. This includes, but is not limited to:

  • Guaranteed grade improvements, GPA increases, or class rankings
  • Predetermined scores on standardized tests (e.g., SAT, ACT, AP, GRE, MCAT)
  • College, university, or scholarship admissions
  • Course completion timelines or academic standing retention
  • Employment placement or professional certification outcomes

While we strive to deliver high-quality instruction and measurable progress, educational achievement remains a shared responsibility between the student, parent/guardian (if applicable), and BrightMinds Tutoring. We do not promise or guarantee any specific result.

3. Limitation of Direct Damages

To the maximum extent permitted by applicable law, BrightMinds Tutoring's total aggregate liability to you for any claim arising out of or related to the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount you have actually paid to BrightMinds Tutoring for the specific Service giving rise to the claim within the six (6) months preceding the claim.

4. Exclusion of Consequential & Indirect Damages

In no event shall BrightMinds Tutoring be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to:

  • Loss of academic opportunities, scholarships, or admissions
  • Loss of data, study materials, or digital account access
  • Interruption or delays in session delivery due to technical failures
  • Lost profits, revenue, or future earnings potential
  • Emotional distress or psychological impact
  • Costs of obtaining substitute educational services

5. User Responsibilities & Assumption of Risk

You acknowledge that academic tutoring involves inherent limitations. You agree to:

  • Provide accurate information regarding your academic level, goals, and learning needs
  • Attend scheduled sessions punctually and actively participate
  • Complete assigned practice work and follow recommended study strategies
  • Maintain a suitable learning environment for virtual sessions
  • Notify BrightMinds Tutoring promptly of any learning disabilities, accommodations, or special needs

Failure to meet these responsibilities may impact learning outcomes and does not give rise to liability on the part of BrightMinds Tutoring.

6. Third-Party Platforms & Materials

Our Services may incorporate or reference third-party educational platforms, practice exams, software tools, or published materials. BrightMinds Tutoring provides these resources for convenience and educational support only. We do not endorse, control, or guarantee the accuracy, availability, or performance of third-party content. Your use of any third-party materials is at your own risk, and we assume no liability for claims arising from such use.

Important Notice: Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, particularly regarding consumer rights or statutory warranties. In such cases, the above limitations shall apply to the fullest extent permitted by law, and any prohibited limitations shall be modified or severed to the minimum extent necessary to comply with applicable jurisdictional requirements.

7. Force Majeure

BrightMinds Tutoring shall not be held liable for any failure or delay in performing its obligations under the Services if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, internet infrastructure failures, power outages, strikes, or acts of terrorism.

8. Governing Law & Dispute Resolution

This Limitation of Liability agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising from or related to this agreement shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. You waive any right to participate in class-action lawsuits or consolidated proceedings against BrightMinds Tutoring.

9. Severability & Amendments

If any provision of this Limitation of Liability is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. BrightMinds Tutoring reserves the right to modify this document at any time. Continued use of our Services following posted updates constitutes acceptance of the revised terms.

10. Contact Information

If you have questions regarding this Limitation of Liability or wish to discuss a specific claim or concern, please contact our compliance team:

  • Email: legal@brightminds.com
  • Phone: (800) 555-1234 (Press 2 for Legal/Compliance)
  • Mailing Address: BrightMinds Tutoring, Attn: Legal Department, 123 Education Lane, Suite 200, San Francisco, CA 94102

Disclaimer: This document is provided for informational purposes and reflects BrightMinds Tutoring's standard liability framework. It does not constitute legal advice. Users are encouraged to consult independent legal counsel regarding their specific rights and obligations.