Terms of Use

Updated September 30, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE CREATING AN ACCOUNT OR MAKING ANY PURCHASE ON THIS PLATFORM. BY USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS PLATFORM OR PURCHASE ANY PRODUCTS OR SERVICES.

1. About This Agreement

These Terms of Use ("Terms") govern your access to and use of the Brainy Girl Thinkific Platform (the "Platform"), including cohort programs, digital products, community spaces, and all other content and services made available through the Platform (collectively, "Products and Services").

The Platform is operated by Brainy Girl, owned and operated by Kim Garnett in British Columbia, Canada ("Brainy Girl", "we", "us", or "our"). The Platform is hosted by Thinkific Labs Inc., a third-party platform provider.

We may update these Terms at any time. Updated Terms will be posted on the Platform with the effective date noted at the top of this document. Continued use of the Platform after any update constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Platform.

2. Eligibility

To use this Platform, you must:

Be at least 13 years of age;
Be capable of forming a binding contract in your jurisdiction;
Provide accurate and complete registration information;
Agree to and comply with these Terms.

If you are using the Platform on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration

You are required to create an account to access most features of the Platform. When registering, you agree to:

Provide accurate, current, and complete information;
Maintain and promptly update your account information;
Keep your password confidential;
Take responsibility for all activities that occur under your account.

You may not share your account credentials or allow any other person to access the Platform using your login. Account sharing is a violation of these Terms and may result in immediate suspension or termination of your account without refund.

Brainy Girl reserves the right to refuse registration, cancel accounts, or remove content at our sole discretion.

4. Payments, Taxes and Merchant of Record

4.1 Who Takes Your Payment

Purchases on this Platform are processed by Thinkific Payments, also called TCommerce. For those purchases Thinkific Labs Inc. acts as the merchant of record. This means Thinkific, not Brainy Girl, collects your payment, and Thinkific uses Stripe as its underlying payment processor.

Brainy Girl does not see or store your full payment card number at any point.

4.2 Sales Tax

As merchant of record, Thinkific calculates and charges any sales tax applicable to your purchase based on your location, and remits that tax to the relevant authority on our behalf. Any tax charged will be shown at checkout and included in your order total.

4.3 Currency and Pricing

Prices are displayed on the Platform at the time of purchase, in the currency shown at checkout. Brainy Girl reserves the right to change pricing for its Products and Services at any time. A price change will not affect a purchase you have already completed.

4.4 Payment Problems

If a payment fails or is reversed, your access to the affected Product or Service may be suspended until the outstanding balance is resolved. Chargebacks and payment disputes for purchases made on this Platform are handled by Thinkific under its own policies, in accordance with the rules of the relevant card network.

4.5 Receipts

Thinkific issues your receipt for any purchase made on this Platform. If you need a copy of a receipt, contact [email protected] and we will arrange it.

5. Cohort Programs

5.1 Cohort Enrollment

Brainy Girl offers cohort programs with fixed start dates and defined program periods. Enrollment in a cohort grants you access to the program content, live sessions, and community support for the duration of the cohort as described at the time of enrollment.

5.2 Cohort Access

Access to cohort content and live sessions is provided for the duration of the cohort program. Recordings and materials may be made available for a limited time following the live sessions, as specified in the cohort description. Cohort access is non-transferable.

5.3 Cohort Refund Policy

Refund requests for cohort programs will not be granted if you have: (1) accessed or viewed more than 10% of the cohort materials, attended a live session, or accessed the cohort community; or (2) requested a refund more than 7 days after the program purchase date. Refund requests must be submitted to [email protected].

6. Digital Products

6.1 Product Access

Digital products sold on the Platform, including but not limited to templates, toolkits, frameworks, downloadable resources, and skill libraries, are provided on a limited-time access basis as specified at the time of purchase. Access duration varies by product and will be clearly communicated at the point of sale. Brainy Girl may in the future offer one-time purchase products with lifetime access; the specific terms of each product will govern.

6.2 License

Upon purchase of a digital product, Brainy Girl grants you a limited, non-exclusive, non-transferable license to access and use the product for your own personal and business purposes as specified in the product description. You may not:

Resell, redistribute, sublicense, or share digital products with others;
Use digital products to create competing products or services;
Remove or alter any copyright, trademark, or proprietary notices;
Reverse-engineer, copy, or reproduce any proprietary prompts, frameworks, or system architecture.

6.3 Digital Product Refund Policy

Due to the digital nature of our products, all digital product sales are final once access has been granted. Refunds will not be issued except where a product is materially defective. If you believe a product is defective, please contact [email protected] within 7 days of purchase.

7. Intellectual Property

All content on the Platform, including but not limited to course materials, templates, frameworks, community resources, skills library content, AI tools, branding, graphics, text, audio, and video, is the intellectual property of Brainy Girl or its licensors and is protected by Canadian and international copyright and trademark law.

You may not reproduce, distribute, modify, publicly display, or create derivative works from any Platform content without the prior written consent of Brainy Girl. Nothing in these Terms grants you any rights to Brainy Girl's intellectual property beyond the limited license expressly described herein.

By posting or submitting content to the Platform's community spaces, you grant Brainy Girl a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and distribute that content in connection with the Platform and Brainy Girl's business.

8. User Conduct

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

Post or transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory,

obscene, or otherwise objectionable;

Impersonate any person or entity or misrepresent your affiliation with any person or entity;
Share or transmit any material that infringes the intellectual property rights of others;
Attempt to gain unauthorized access to any portion of the Platform or any other user's account;
Use the Platform to transmit unsolicited commercial communications (spam);
Interfere with or disrupt the integrity or performance of the Platform;
Use data mining, bots, scraping, or similar automated tools on the Platform;
Share your account credentials or permit any other person to use your account;
Post false, inaccurate, or misleading content;
Violate any applicable local, provincial, national, or international law or regulation.

Brainy Girl reserves the right to remove content and suspend or terminate accounts that violate these standards, without notice and without refund.

9. Content Uploaded to the Platform

Any content you post or upload to the Platform's community spaces (including comments, posts, images, or other media) remains your responsibility. By posting content, you represent and warrant that you have the rights to post that content and that it does not violate the rights of any third party.

You grant Brainy Girl a non-exclusive, royalty-free, perpetual, worldwide license to use, display, reproduce, adapt, and distribute any content you post in connection with the Platform and Brainy Girl's business. Brainy Girl is not obligated to use any posted content.

10. Third-Party Links and Services

The Platform may contain links to third-party websites, tools, or resources. Brainy Girl has no control over these external sites and is not responsible for their content, privacy practices, or availability. Links are provided for convenience only and do not constitute an endorsement. Your use of any third-party sites is at your own risk and subject to those sites' terms and policies.

11. Disclaimer of Warranties

THE PLATFORM AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE SERVICE.

Brainy Girl does not warrant that the Platform will be free of viruses, errors, or other harmful components, or that defects will be corrected. Individual results from courses, coaching, and digital products may vary based on factors including business model, market conditions, implementation quality, and user effort. Examples and case studies provided are for illustrative purposes and do not guarantee specific outcomes.

Technology Disclaimer: Brainy Girl does not assume responsibility for technical compatibility, third-party platform changes, or the performance of AI systems in your specific business environment. You are responsible for ensuring compliance with all applicable laws and regulations when implementing any tools, systems, or automation workflows.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BRAINY GIRL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ITS PRODUCTS AND SERVICES, EVEN IF BRAINY GIRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the extent liability cannot be fully excluded, Brainy Girl's total liability to you for any cause of action arising out of or relating to these Terms or your use of the Platform shall be limited to the amounts paid by you to Brainy Girl in the 120 days immediately preceding the event giving rise to the claim.

Brainy Girl will not be liable for any failure to perform its obligations under these Terms where such failure is caused by circumstances beyond its reasonable control, including but not limited to internet outages, communications failures, fire, flood, or platform downtime.

13. Indemnification

You agree to indemnify, defend, and hold harmless Brainy Girl, its officers, directors, employees, agents, and suppliers from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you post or submit on the Platform.

14. Termination

Brainy Girl reserves the right, in its sole discretion, to suspend or terminate your account and access to the Platform at any time and for any reason, including for violation of these Terms. Upon termination, your right to use the Platform will immediately cease. Sections 7 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), and 17 (Governing Law) shall survive any termination of these Terms.

15. AI Tools and Content

The Platform incorporates AI-powered tools and features. When using these tools:

AI-generated content is provided for informational and productivity purposes only and is not a

substitute for professional legal, financial, or other expert advice;

You retain ownership of content you create using AI tools on the Platform, subject to the license

grant in Section 9;

Proprietary prompts, system architecture, and AI tool designs remain the intellectual property of

Brainy Girl;

You may not use AI tools to create content that violates these Terms, infringes third-party rights,

or generates harmful material;

Brainy Girl disclaims liability for decisions made based on AI-generated suggestions or content.

16. Privacy

Your use of the Platform is also governed by our Thinkific Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand our practices.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively in the courts of the Province of British Columbia. You irrevocably consent to the exclusive jurisdiction and venue of such courts.

Any cause of action you may have with respect to the Platform or Brainy Girl's products and services must be commenced within one (1) year after the claim or cause of action arises.

The prevailing party in any legal action relating to these Terms shall be entitled to recover reasonable attorneys' fees and costs.

18. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any product-specific terms presented at the time of purchase, constitute the entire agreement between you and Brainy Girl with respect to your use of the Platform.

Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No Waiver: Any failure by Brainy Girl to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer any rights or obligations under these Terms without Brainy Girl's prior written consent. Brainy Girl may assign these Terms at its discretion.

Language: These Terms are drawn up in English, which shall govern in the event of any inconsistency with a translation.

Third-Party Rights: Only you and Brainy Girl are entitled to enforce these Terms. No third party has any right to enforce any provision of these Terms.

19. Contact Us

For questions, concerns, or support requests relating to these Terms of Use, please contact:

Email: [email protected]
Website: brainygirlu.com
Jurisdiction: British Columbia, Canada

Thank you for being part of the Brainy Girl community. We strive to make your experience on this Platform clear, safe, and exceptional.