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Plain-English summary
Brilliant's Terms of Use include a mandatory arbitration clause and class action waiver, which significantly limits users' legal recourse (risk_flags-0001). The company reserves the right to make unilateral changes to the terms and services without prior notice, making continued use signify acceptance (risk_flags-0002, risk_flags-0003). There are no refunds for payments made, and promotions automatically convert to paid subscriptions if not canceled (cancellation_renewal-0002, cancellation_renewal-0003). The company claims no liability for user-submitted content (risk_flags-0004) and retains a broad license to use such content (data_use-0001). For AI features, users consent to the processing of voice inputs (data_use-0002), and both user content and usage data may be collected and used to improve the service (data_use-0003). The AI feature's output may be incomplete or inaccurate, and the company disclaims responsibility for non-Brilliant resources (risk_flags-0006, risk_flags-0005). Subscriptions automatically renew unless canceled, requiring user vigilance (cancellation_renewal-0001).
90% confidence
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Risk Flags
Clauses that could pose a notable risk to the user. These include one-sided liability, limitations on user rights, and strong disclaimers.
high95% confidence
Mandatory Arbitration and Class Action Waiver
This agreement contains a mandatory arbitration clause and a class action waiver, which requires users to resolve claims against Brilliant through binding arbitration individually, rather than in court or as part of a class action.
Why it matters: You must legally agree to resolve claims against Brilliant through individual arbitration, giving up your right to a trial by jury or to participate in class action lawsuits.
THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BRILLIANT ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Unilateral Changes to Terms Without Specific Notice Period
Brilliant reserves the right to modify or replace any terms of the Agreement at any time at its sole discretion. Continued use of the Service after changes constitutes acceptance.
Why it matters: The company can change the terms of service at any time, and your continued use implies agreement, requiring you to periodically check the Agreement for updates.
Brilliant reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. User's continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Brilliant Can Change, Suspend, or Discontinue Services Without Notice
Brilliant may change, suspend, or discontinue the Services, including features, databases, or content, at any time without notice or liability. They may also impose limits or restrict access.
Why it matters: The service or its features could be altered, suspended, or discontinued at any time without prior notice or compensation, potentially disrupting your access or usage.
Brilliant may change, suspend or discontinue the Services, including the availability of any feature, database or content, at any time. Brilliant may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
Brilliant Disclaims Responsibility and Liability for User Submissions
Brilliant states it has no liability for any User Submission(s) and that a user irrevocably releases Brilliant from all liability arising from User Submission(s).
Why it matters: You bear sole responsibility for your content submissions, and you release the company from any liability related to them.
User shall be solely responsible for User's User Submission(s) and the consequences of posting or publishing them. User agrees that Brilliant has no liability with respect to any User Submission(s), including, without limitation, User's User Submission(s), and User hereby irrevocably release Brilliant and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submission(s) or any part thereof.
D. Promotions, paragraph 7 · Citation strength: strong
medium90% confidence
Brilliant Disclaims AI Feature Reliability and Liability For Non-Brilliant Resources
Brilliant does not guarantee the functionality, availability, or reliability of Non-Brilliant Resources integrated with its AI Feature and states it will not be liable for any damages or losses if these resources are modified or discontinued.
Why it matters: You may experience issues with third-party tools integrated into the AI feature, and the company is not responsible for any problems or losses that arise if these tools change or become unavailable.
Brilliant does not warrant or guarantee the functionality, availability, or reliability of any such Non-Brilliant Resources. In addition, the use of such Non-Brilliant Resources may require you to agree to additional terms and conditions imposed by the respective service providers, which are independent of this Agreement. Brilliant reserves the right to modify or discontinue any Non-Brilliant Resource at any time without prior notice. Brilliant will not be liable for any damages or losses resulting from such modification or discontinuation.
AI FEATURES AND FUNCTIONALITY, paragraph 4 · Citation strength: strong
medium90% confidence
AI Output May Be Incomplete, Inaccurate, Misleading
The AI Feature generates output using artificial intelligence and machine learning, and such output may be incomplete, inaccurate, misleading, or reflect limitations of the underlying technology.
Why it matters: Information or advice provided by the AI feature may be incorrect, incomplete, or misleading, and should not be relied upon as professional advice.
YOU ACKNOWLEDGE THAT THE AI FEATURE GENERATES OUTPUT USING ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, AND SUCH OUTPUT MAY BE INCOMPLETE, INACCURATE, MISLEADING, OR REFLECT LIMITATIONS OF THE UNDERLYING TECHNOLOGY. OUTPUT DOES NOT REPRESENT BRILLIANT'S OPINIONS OR VIEWS, AND IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL ADVICE (INCLUDING EDUCATIONAL, LEGAL, MEDICAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE).
AI FEATURES AND FUNCTIONALITY, paragraph 6 · Citation strength: strong
Data Use
How the company collects, uses, and shares your information.
medium90% confidence
Broad License to User Submissions
By submitting user submissions, you grant Brilliant a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable, and transferable license to reproduce, distribute, modify, display, and perform your user submissions.
Why it matters: The company receives a very broad, permanent, royalty-free license to use, modify, and distribute any content you submit through the service, which could be used for various purposes without additional compensation to you.
By submitting the User Submission(s) to Brilliant, or displaying, publishing, or otherwise posting any content on or through the Sites or the Service, User hereby does and shall grant Brilliant a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to reproduce, distribute, modify (such as by editing or otherwise creating derivatives), display, and perform the User Submission(s) in accordance with Brilliant's User Submission policies and User's Site settings.
D. Promotions, paragraph 8 · Citation strength: strong
medium90% confidence
Consent to Voice Input Processing for AI Feature
By enabling or using Voice Input features, you expressly consent to the capture, transmission, storage, and processing of your audio recordings for purposes of transcribing your speech, processing your request, generating Output, operating and enhancing the AI Feature, and as otherwise described in this Agreement and the Privacy Policy.
Why it matters: Your voice recordings will be captured, stored, and processed to operate and improve the AI feature if you use voice input.
By enabling or using Voice Input features, you expressly consent to the capture, transmission, storage, and processing of your audio recordings for purposes of transcribing your speech, processing your request, generating Output (as defined below), operating and enhancing the AI Feature, and as otherwise described in this Agreement and the Privacy Policy.
AI FEATURES AND FUNCTIONALITY, paragraph 2 · Citation strength: strong
medium90% confidence
AI Feature Collects and Uses User Content and Usage Data
Brilliant may use User Input and Output (collectively, "User Content") to operate, maintain, and provide the Service, including the AI Feature, and to comply with applicable laws and enforce policies. They also collect and use de-identified or aggregated data related to AI Feature access and use, including User Content, technical logs, metadata, telemetry, and interaction patterns (collectively, "Usage Data"), to develop, maintain, improve, and enhance the Service and other Brilliant products.
Why it matters: The company collects and uses your AI interactions and data, even if de-identified, to operate, maintain, and improve their services and other products.
You acknowledge and agree that, during and after the term of this Agreement, Brilliant may (a) use User Input and Output (collectively, "User Content") to operate, maintain, and provide the Service (including the AI Feature), to comply with applicable laws, and to enforce our policies; and (b) collect and use de-identified or aggregated data related to your access to and use of the AI Feature, including User Content, technical logs, metadata, telemetry, interaction patterns, and similar information (collectively, "Usage Data"), to develop, maintain, improve, and enhance the Service and Brilliant's other products and technologies.
AI FEATURES AND FUNCTIONALITY, paragraph 5 · Citation strength: strong
Cancellation & Renewal
Terms related to subscription, cancellation, and renewal policies.
medium90% confidence
Automatic Renewal of Subscriptions
Your subscription will automatically renew for equivalent periods at the price you agreed to unless you cancel at least one business day prior to the end of the current term.
Why it matters: Your subscription will automatically renew, and you will be charged again unless you actively cancel at least one business day before the current term ends.
After User's initial subscription period, and again after any subsequent subscription period, User's subscription will automatically continue for an additional equivalent period, at the price User agreed to when subscribing. User agrees that User's account will be subject to this automatic renewal feature. If User does not wish User's account to renew automatically, or if User wants to change or terminate User's subscription, please sign in and go to the[Change / Cancel Subscription page](https://brilliant.org/settings/subscription/).
B. Automatic Renewal, paragraph 1 · Citation strength: strong
high95% confidence
All Payments are Nonrefundable
All payments to Brilliant for the Services are nonrefundable, and there are no refunds or credits for partially used subscription periods. Any refund is voluntary and at Brilliant's sole discretion.
Why it matters: Once you pay, you generally cannot get your money back, even if you cancel your subscription early or are dissatisfied with the service.
All payments To Brilliant for the Services are nonrefundable. There are no refunds or credits for partially used subscription periods. Any refund or credit issued by Brilliant is voluntary, provided solely as a courtesy at Brilliant's sole discretion, and does not create any obligation, policy, or ongoing practice.
Refunds, paragraph 1 · Citation strength: strong
medium90% confidence
Promotions Automatically Convert to Paid Subscriptions if Not Canceled
Unless otherwise stated, any use of a Promotion will automatically convert into a paid subscription upon its expiration. Users are responsible for canceling before the Promotional Period ends to avoid charges.
Why it matters: Your free trial or discounted promotion will automatically convert into a full-priced, recurring subscription, and you will be charged if you do not cancel before the promotional period ends.
Unless otherwise stated, any use of a Promotion will automatically convert into a paid subscription for the Services upon the expiration of the Promotional Period. Users are responsible for canceling their subscription before the end of the Promotional Period to avoid incurring any charges (or, in the case of a discount Promotion, to avoid additional charges). Failure to cancel within the Promotional Period will result in the applicable subscription fee being charged to the payment method provided at the time of sign-up or as updated by User.
D. Promotions, paragraph 1 · Citation strength: strong
Gotchas
Potentially overlooked clauses that may result in unexpected outcomes for the user.
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Protections
User-friendly clauses, including commitments to data protection, user rights, and clear disclosures.
Protection95% confidence
Collection of Personal Information from Children Under 13 Requires Verifiable Parental Consent
Brilliant complies with COPPA and permits children under 13 to use the Service if verifiable parental consent is obtained prior to collecting, using, or disclosing their personal information.
Why it helps: This ensures that personal information from children under 13 is only collected, used, or disclosed after parental consent is verified, helping to protect children's privacy in accordance with COPPA.
Because portions of the Service are directed to or may be used by children under the age of 13, Brilliant complies with the Children's Online Privacy Protection Act ("COPPA"). Brilliant permits children under the age of 13 to use the Service, provided that Brilliant has obtained verifiable parental consent where required by COPPA, including prior to the collection, use, or disclosure of personal information from such children.