Terms and Conditions
By using or accessing any Collective Brains services, websites, products, or mobile applications, (collectively referred to as the “Collective Brains Platform”) you agree to this Terms of Service and which constitutes a legally binding agreement (Agreement) between you and Collective Brains Inc., its parents, subsidiaries representatives, affiliates, officers, and directors (referred to collectively as “Collective Brains”, “us,” “we,” or “our”) which governs your use of the Collective Brains Mentorship Platform.
The Collective Brains Mentorship Platform
The Collective Brains Platform provides a platform for you, people, or entities (Mentees) looking for professional guidance in any field of work to find and hire a subject matter expert (Mentor) who can provide such guidance. You, Mentors, and Mentees, are referred collectively as “Users.” The professional guidance and services provided by a Mentor is referred to as “Mentorship Services.” By using the Mentorship Platform, you authorize Collective Brains to connect you with a Mentor or Mentee and share your personalized information that you provide to Collective Brains, to Mentor or Mentee. It is entirely the Mentors decision whether they will accept a request for Mentorship Services. Any agreements to provide Mentorship Services between Mentor and Mentee are a separate agreement between the two parties. This Agreement shall control over any other agreements or supplements that conflict with this Agreement.
Modification
Collective Brains reserves the right to make modifications to the terms and conditions of this Agreement, any and all modifications shall be binding upon your acceptance of the modified Agreement. Collective Brains also reserves the right to make any modifications to the terms, conditions, or contents, to any other documents or pages referenced in this Agreement and such modifications are effective immediately once posted. By continuing to use the Collective Brains Platform after any of these changes, you consent to such changes.
User Eligibility
Only users who are capable of competently entering into this Agreement are eligible to use the Collective Brains Platform. Collective Brains reserves the right to temporarily or permanently terminate your use of the Collective Brains Platform for any or no reason. After such termination, you are not eligible to use the Collective Brains Platform for the designated termination period.
Users are required to provide the “Information” necessary to create a unique User account. Your Information is any information or data provided by you to Collective Brains through the Collective Brains Platform. By using the Collective Brains Platform, you consent to Collective Brains using the Information provided by you in order to create your User account. This User account is necessary for Collective Brains to connect Users once a request for Mentorship Services has been made. You can learn about the collection and use of your Information at Privacy Policy.
You must be at least 18 years old to use the Collective Brains Platform. By using the Collective Brains Platform, you warrant that you are at least 18 years old.
Users must provide only complete, authentic, and current, personal information to Collective Brains. If Collective Brains learns of, or has reason to suspect, that your User account has been created using false or misleading Information provided to Collective Brains by you, Collective Brains may terminate your use of the Collective Brains Platform and you waive any rights to collect refunds any payments made to Collective Brains. Collective Brains does not assert any rights to ownership of your Information. By you providing your Information, Collective Brains is able to use such information for the purposes described in the Privacy Policy and you grant Collective Brains a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known.
Fees
The “Platform Fee” is a fee charged to Users for use of the Collective Brains Platform. This fee can be incurred from various ways such as receiving Mentorship Services, or by purchasing content on the Collective Brains Platform
As a user, you can become a Mentee by receiving Mentorship Services from a Mentor through the Collective Brains Platform in which you may incur “Fees.” These Fees are incurred as a result of Mentorship Services provided to you by a Mentor, the services provided by the Collective Brains Platform (Platform Fee), Subscription Fee, or other applicable fees. By paying such Fees to Collective Brains, you consent to Collective Brains initially collecting all Fees and distributing to your Mentor, and the Fees that they have earned through providing you Mentorship Services. The “Platform Fee” is a fee charged to Users for use of the Collective Brains Platform.
Mentees have the right to terminate their agreement to receive Mentorship Services from a Mentor at any time.
Collective Brains Reserves the right to withhold any Fees received from Mentee after such termination of Mentorship Services. The decision to refund Fees remains within Collective Brains sole discretion at all times. Any cancelation of Mentorship Services by a Mentee must be provided; (1) in writing to the specific Mentor, (2) at least 48 hours prior to the scheduled performance date of such Mentorship Services, (3) and must be made with good reason subject to Collective Brains. Any Mentee who cancels their Mentorship Services not in accordance to the above three cancelation requirements will not receive a refund for any payments made towards the canceled Mentorship Service. Mentees will receive a refund for any payments made towards a Mentorship Service that has been canceled if the cancelation is made by the Mentor.
Subscription Mentorship
The “Subscription Membership” grants a Subscriber access to any Subscription Mentor for a Fee. “Subscription Mentors” are Mentors who have opted in to providing Mentorship Services to any Subscriber. A “Subscriber” is a Mentee who has a Subscription Membership. A Subscription Mentor can be both a Mentor and a Subscription mentor at the same time.
Subscription Fee
The Subscription fee is a monthly flat rate fee paid by the Mentee. This fee includes both the payment for Mentorship Services, and the Platform Fee, and will be distributed to the Mentor that provides you the Mentorship Services while Collective Brains will retain the Platform Fee.
Subscription Billing
You can become a Subscription Member by paying, to Collective Brains, a Subscription Fee; a payment made in advance on a monthly basis, or another recurring interval agreed to between You and Collective Brains. Collective Brains may change the price for the Subscription Fee at any time and will communicate such changes to affected Users in advance, including how to accept the changes. Any change to the price of the Subscription will take effect upon the beginning of the next subscription period.
In accordance with any applicable law, you accept any changes in the Subscription Fee through your continued use of your Subscription Membership. If you do not agree to the changes to the Subscription Fee you can unsubscribe from the Subscription Membership prior to such changes going into effect.
Renewal
Unless you unsubscribe from your Subscription Membership prior to the end of the current subscription period, your payment to Collective Brains for your Subscription Membership will automatically renew at the end of the applicable subscription period. Your cancelation will take effect the day after the subscription period ends. Collective Brains does not offer refunds or credits for any Subscription Membership cancelations.
Communication
You agree to receive communications from Collective Brains which may include email, text message, calls, or mail. Standard text message charges apply to any text messages we send. Any promotional communication sent by Collective Brains can be opted out of at any time. You can opt out of our promotional emails by selecting the unsubscribe option within the promotional email and following the options provided. You will not receive promotional texts or calls from Collective Brains.
Promotions or Offers
Collective Brains retains the rights to make promotions or offers to any User or non-User. Such promotions or offers may include features that are not provided to other Users and have no effect on your Agreement or relationship with Collective Brains.
Intellectual property
Using the Collective Brains Platform does not give you ownership to any intellectual property rights for the products, services, or content that is provided.
You agree that any material or content you share on the Collective Brains Platform does not infringe or violate another person’s rights, including intellectual property rights. Any material or content that is in violation or is suspected of violating another person’s rights may be removed by Collective Brains. If we remove the material or content that you share on the Collective Brains Platform, you will be given notice and an opportunity to appeal the removal.
You maintain ownership for the intellectual property rights in any content provided on the Collective Brains Platform. In order for the Collective Brains Platform to function properly, you provide us a license to use such content. When you share, post, or upload content that may be protected by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of such content. The license ends if you remove the content from the Collective Brains Platform.
Disclaimers
Collective Brains does not provide Mentorship Services and is not a Mentor. Collective Brains does not guarantee that a Mentor will accept a request for Mentorship Service. If a Mentor does accept a request for Mentorship Service, we have no control over how such Mentorship Services will be provided by the Mentor.
The Collective Brains Platform is provided “as is” and does not make any warranties or conditions, either express, implied, or statutory. We make no guarantees to the success or results of any Mentorship Services that you may receive, and are not responsible or liable for any outcomes through receiving or providing Mentorship Services.
The Collective Brains Platform relies on various technologies and third party services. We do not guarantee that the use of the Collective Brains Platform will be accurate, reliable, secure, uninterrupted, always available, virus free, harm free, or without errors. We do not guarantee that any issues with the Collective Brains Platform will be fixed. We make no guarantees to the availability or usability of the Collective Brains Platform.
Although Collective Brains has a screening process for its Mentors, we do not know of every possible detail of the Mentors. You should always be cautious when contacting, meeting, communicating, another User, and whenever using the Collective Brains Platform. There are always risks when meeting or communicating with other people, and Collective Brains does not accept any responsibility or liability for the actions of another User. Users may provide Collective Brains with false information, and we accept no responsibility or liability for any contents, communications, or use of the Collective Brains Platform by people under 18 years old.
You are responsible for your own User account, and Collective Brains is not responsible for any liability resulting from unauthorized use of your User account.
Any information you share to another User or relied upon from another user is entirely at your own risk. Collective Brains is not responsible for any loss or damage resulting in your reliance on any information or advice you receive from your Mentorship Services or the Collective Brains Platform. Collective Brains reserves the right to monitor and remove any content on the Collective Brains Platform.
Collective Brains is not liable for any lost profits, lost data, injury, or property damage related or connected to your use of the Collective Brains Platform.
Indemnity
You agree to indemnify and hold Collective Brains harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Collective Brains Platform, services, or goods obtained through your use of the Collective Brains Platform; (ii) your breach or violation of this Agreement; (iii) Collective Brains use of your Information; or (iv) your violation of the rights of any third party, including Third Party Providers.
Termination
This Agreement may be terminated by a User upon Seven days prior written notice to Collective Brains, or by either Party immediately without notice, upon the other Parties material breach of the Agreement. All language relating to liability, property rights, or arbitration, shall survive in any termination or expiration of this agreement.
Arbitration
Collective Brains will attempt to resolve any disputes informally . You may send us the details of your concern to [email protected]. However, if Collective Brains is not able to informally resolve your complaint, you and Collective Brains agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA.
Before moving an unresolved informal dispute into arbitration, you must first send us notice of your dispute by describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email or U.S. mail to:
800 Bellevue Way NE, suite 500
Bellevue, WA 98004
Any arbitration must be commenced by filing a demand for arbitration with JAMS within one (1) year from when it first could be filed. Otherwise, it is permanently barred. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
Whenever feasible, the arbitration will be held telephonically unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either your county of residence; or, if you are a business, the county of your principal place of business; or, Collective Brains’ principal place of business in King County, WA. The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction. Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:
Small Claims Court. If the claim qualifies, either you or Collective Brains may bring an action in small claims court in King County, WA. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred. Injunctive relief. Collective Brains may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, Collective Brains may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms of Use.
Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if you exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in King County, WA, and you and Collective Brains consent to personal jurisdiction and exclusive venue in such courts.
Choice of law
This Agreement shall be governed by the laws of the State of Washington.