Terms and Conditions of Use

These Terms and Conditions of Use ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and BrightSteam. By accessing or using any part of our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our End User License Agreement (EULA), each incorporated herein by reference. If you do not agree with these Terms, you must not use the Services.

1. Acceptance of Terms

1.1. These Terms govern your access to and use of all BrightSteam services, including but not limited to our website, curriculum, software, devices, printed materials, and any other features or products offered.
1.2. These Terms apply to all Users, including parents, legal guardians, educators, and children authorized to use the BrightSteam platform.
1.3. By using our Services, you agree to be bound by these Terms and any future updates.

2. Definitions

For the purpose of these Terms, the following definitions apply:

2.1. “Services” means all websites, mobile applications, devices, curriculum kits, lesson content, and other services provided by BrightSteam.
2.2. “User” refers to any individual or entity accessing or using the Services.
2.3. “Parent Account” means a registered user who has enrolled a child in the BrightSteam program.
2.4. “Content” includes all videos, lessons, worksheets, activities, and supplemental materials provided through BrightSteam.
2.5. “Device” refers to the touchscreen desktop hardware provided by BrightSteam as part of enrollment.
2.6. “Curriculum Kits” are monthly packages shipped to the User containing educational materials and supplies.

3. Modifications to Terms

3.1. BrightSteam reserves the right to change, amend, or update these Terms at any time without prior notice.
3.2. The most current version of these Terms will be posted on our website and will supersede any prior versions.
3.3. Continued use of the Services following any changes constitutes your acceptance of the new Terms.
3.4. If you do not agree to the modified Terms, you must stop using the Services immediately.

4. Eligibility

4.1. To use BrightSteam, you must be at least 18 years old or the legal guardian of a minor user.
4.2. Users under the age of 13 may use the Services only under the supervision of a parent or guardian who has consented to the Terms on their behalf.
4.3. By using the Services, you represent and warrant that you meet the eligibility criteria and that any information you provide is true and complete.

5. Account Registration

5.1. Access to certain features of the Services may require you to create an account.
5.2. When registering, you agree to provide accurate, current, and complete information and to keep your account information updated.
5.3. You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account.
5.4. You must notify BrightSteam immediately of any unauthorized use of your account.
5.5. BrightSteam is not liable for any loss or damage resulting from your failure to safeguard your account.

6. Payment and Billing

6.1. Enrollment in BrightSteam requires payment of the fees stated at the time of registration.
6.2. Payments are made in advance and are non-refundable, except as explicitly stated in our refund policy or under Section 23.
6.3. You authorize us to charge the provided payment method for all applicable fees, including renewals or installment payments if selected.
6.4. All fees are listed in U.S. Dollars and are subject to change with notice.
6.5. If your payment is declined or your account becomes past due, we may suspend or terminate your access to the Services.

7. User Conduct

7.1. You agree to use the Services only for lawful and educational purposes.
7.2. You must not:

  • a. Post or transmit any harmful, offensive, defamatory, or illegal content;

  • b. Use the platform in a manner that infringes the intellectual property rights of others;

  • c. Attempt to reverse engineer, copy, or replicate any part of the Services;

  • d. Interfere with the operation, security, or integrity of the platform;

  • e. Share or resell access to any BrightSteam services, devices, or content without written permission.

8. Curriculum Kits and Learning Materials

8.1. Enrolled users receive physical curriculum kits shipped monthly throughout the program term.
8.2. Each kit contains hands-on learning tools, books, worksheets, and art supplies to support the BrightSteam lessons.
8.3. Kits are designed to complement the virtual instruction and are not intended to be used as standalone content.
8.4. Replacement kits or individual items may be available for purchase, subject to availability.
8.5. BrightSteam is not responsible for lost or delayed shipments due to incorrect addresses or carrier delays.

9. Technology and Equipment

9.1. Each enrollment includes a touchscreen desktop device, which remains the property of the user upon full enrollment.
9.2. Users are responsible for maintaining the condition of their device; accidental damage or misuse is not covered unless optional protection is purchased.
9.3. BrightSteam is not responsible for connectivity issues, power outages, or third-party device compatibility.
9.4. Device replacements are subject to availability and BrightSteam’s hardware policies.

10. Content Ownership and License

10.1. All materials provided by BrightSteam, including curriculum, videos, and kits, are the exclusive property of Bright Futures Early Learning Academy d/b/a BrightSteam.
10.2. You are granted a limited, non-transferable, non-sublicensable license to use the Content solely for personal, non-commercial educational use.
10.3. You may not reproduce, distribute, or publicly display any Content without prior written permission.
10.4. All trademarks, service marks, logos, and branding used by BrightSteam are protected and may not be used without authorization.

11. Restrictions on Use

11.1. Except as expressly permitted in these Terms, you may not:

  • a. Modify, adapt, translate, or create derivative works based on any part of the Services or Content;

  • b. Decompile, reverse engineer, or disassemble any software or device associated with BrightSteam;

  • c. Remove, alter, or obscure any copyright, trademark, or proprietary notices;

  • d. Use automated systems (including spiders, robots, or scrapers) to access the Services;

  • e. Frame or mirror any part of the Services without our prior written consent.

11.2. Any unauthorized use terminates the permissions granted by BrightSteam and may subject you to civil or criminal liability.

12. Intellectual Property Rights

12.1. All intellectual property rights in and to the Services, including but not limited to curriculum, technology, platforms, content, graphics, and kits, are owned or licensed by Bright Futures Early Learning Academy d/b/a BrightSteam.
12.2. Nothing in these Terms transfers or assigns any intellectual property rights to you.
12.3. You agree not to challenge, contest, or interfere with BrightSteam’s ownership of the Services or any associated intellectual property.
12.4. You may not use BrightSteam’s name, logo, or trademarks without prior written approval.

13. Termination and Suspension

13.1. We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, for conduct that we reasonably believe violates these Terms or is otherwise harmful to the Services or other Users.
13.2. Upon termination, your license to use the Services will immediately cease.
13.3. You remain responsible for all outstanding obligations, including any unpaid fees or damages caused.
13.4. BrightSteam will not be liable for any loss or inconvenience resulting from suspension or termination.

14. Disclaimers

14.1. The Services are provided “as is” and “as available” without warranty of any kind.
14.2. BrightSteam disclaims all warranties, express or implied, including but not limited to:

  • a. Warranties of merchantability, fitness for a particular purpose, and non-infringement;

  • b. Warranties that the Services will be error-free, uninterrupted, or free of harmful components;

  • c. Any warranties regarding the accuracy or reliability of the content or results obtained from using the Services.

14.3. Your use of the Services is at your own risk.
14.4. Some jurisdictions do not allow the exclusion of certain warranties, so these disclaimers may not apply in part to you.

15. Limitation of Liability

15.1. To the maximum extent permitted by law, BrightSteam, its officers, directors, employees, affiliates, agents, suppliers, and licensors shall not be liable for:

  • a. Any indirect, incidental, special, consequential, or punitive damages;

  • b. Loss of profits, data, use, goodwill, or other intangible losses;

  • c. Damages resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party; or (iii) unauthorized access, use, or alteration of your transmissions or content.

15.2. In no event shall BrightSteam’s aggregate liability exceed the greater of one hundred dollars ($100) or the amount paid by you to BrightSteam in the six months preceding the claim.

16. Indemnification

16.1. You agree to indemnify, defend, and hold harmless BrightSteam and its officers, directors, affiliates, employees, licensors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) arising from:

  • a. Your use of and access to the Services;

  • b. Your violation of any term of these Terms;

  • c. Your violation of any third-party right, including without limitation any intellectual property or privacy right;

  • d. Any claim that your content caused damage to a third party.

16.2. This defense and indemnification obligation will survive the termination of these Terms.

17. Dispute Resolution and Arbitration

17.1. Informal Resolution – We encourage you to contact us first at info@brightsteam.com to resolve any disputes informally.
17.2. Binding Arbitration – If a dispute cannot be resolved informally, it shall be resolved by final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
17.3. Waiver of Class Action – You agree to resolve any dispute with BrightSteam on an individual basis and waive your right to participate in a class action or class-wide arbitration.
17.4. Jurisdiction – Arbitration shall take place in Pennsylvania, unless otherwise agreed. The laws of the Commonwealth of Pennsylvania shall govern this agreement without regard to conflict of laws principles.
17.5. Equitable Relief – Nothing in this section shall limit either party’s right to seek equitable relief or injunctive relief in a court of law.

18. Governing Law

18.1. These Terms and any dispute arising from or relating to them shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.
18.2. You agree that any legal action or proceeding related to these Terms, not subject to arbitration, shall be brought exclusively in the courts located in Dauphin County, Pennsylvania.

19. Severability

19.1. If any provision of these Terms is held to be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
19.2. The remaining provisions shall remain in full force and effect and will be interpreted to best accomplish the original intent of the parties.

20. Notices

20.1. All notices under these Terms must be in writing and may be delivered via email, postal mail, or in-app notification.
20.2. Notices to BrightSteam shall be directed to:
Bright Futures Early Learning Academy d/b/a BrightSteam
1745 N. Cameron Street
Harrisburg, PA 17103
Email: info@brightsteam.com

20.3. Notices to you may be sent to the email or mailing address associated with your account.

21. Electronic Communications and Consent

21.1. You consent to receive communications from us electronically, including notices, agreements, disclosures, and updates.
21.2. You agree that all communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
21.3. You may withdraw your consent at any time by contacting us, but this may limit your access to certain features of the Services.

22. Entire Agreement

22.1. These Terms, along with our Privacy Policy and End User License Agreement (EULA), constitute the entire agreement between you and BrightSteam concerning the Services.
22.2. They supersede any prior or contemporaneous communications, whether oral or written, relating to the subject matter herein.
22.3. No waiver of any provision or right shall be deemed a further or continuing waiver unless expressly stated in writing.

23. Reservation of Rights

23.1. BrightSteam expressly reserves all rights not explicitly granted under these Terms.
23.2. We may modify, suspend, or discontinue any aspect of the Services at any time, including access to features, content, or support.
23.3. We reserve the right to limit or restrict access to the Services at our sole discretion and without liability.

24. Third-Party Services and Links

24.1. The Services may contain links to third-party websites, tools, or resources.
24.2. BrightSteam is not responsible for the content, accuracy, or practices of any third-party sites or services.
24.3. Accessing third-party services is at your own risk, and their terms of use and privacy policies apply.

25. Force Majeure

25.1. BrightSteam shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, labor disputes, internet or power outages, or governmental regulations.
25.2. If a force majeure event continues for more than 30 days, either party may terminate the agreement upon written notice.

26. Children’s Privacy and COPPA

26.1. BrightSteam complies with the Children’s Online Privacy Protection Act (COPPA) and does not knowingly collect personal information from children under 13 without verifiable parental consent.
26.2. Parents or legal guardians who enroll their child grant us permission to collect, store, and use data as outlined in our Privacy Policy.
26.3. Parents may review or delete their child’s information at any time by contacting info@brightsteam.com.

27. Accessibility Statement

27.1. BrightSteam is committed to providing an inclusive and accessible experience for all users, including those with disabilities.
27.2. If you have difficulty accessing any part of our Services or require accommodations, please contact us and we will make reasonable efforts to address your needs.

28. Contact Information

If you have questions or concerns regarding these Terms, you may contact us at:

Bright Futures Early Learning Academy d/b/a BrightSteam
1745 N. Cameron Street
Harrisburg, PA 17103
Phone: +1 (888) 995-3692
Email: info@brightsteam.com

29. Reference to End User License Agreement and Privacy Policy

29.1. These Terms incorporate by reference BrightSteam’s Electronic End User License Agreement (EULA) and Privacy Policy.
29.2. By accepting these Terms, you also acknowledge that you have read and accepted both the EULA and Privacy Policy.
29.3. These documents govern the use, access, ownership, and protection of personal information and software included with BrightSteam Services.

Effective Date: 07-04-2025
Last Updated: 07-04-2025
Business Address: 1745 N. Cameron Street, Harrisburg, PA 17103
Phone: +1 (888) 995-3692
Email: info@brightsteam.com
Legal Entity: Bright Futures Early Learning Academy, doing business as BrightSteam ("BrightSteam", "we", "our", "us")