Terms of Use

Updated April 26, 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 The Collective membership, 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:

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:

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. The Collective Membership

4.1 Membership Description

The Collective is a recurring subscription membership program providing access to content, community spaces, live events, skills libraries, coaching resources, and other benefits as described on the Platform at the time of enrollment. Membership benefits may be updated, added, or changed over time; Brainy Girl will communicate significant changes to active members.

4.2 Membership Tiers and Pricing

The Collective is offered at the pricing tiers displayed on the Platform at the time of purchase. Brainy Girl reserves the right to change pricing for new and renewing memberships with reasonable notice. Price changes will not affect your current billing period.

4.3 Billing and Renewal

Membership is billed on a recurring basis (quarterly, bi-annual or annual, as selected at enrollment). Your membership will automatically renew at the end of each billing period unless you cancel before the renewal date. By enrolling, you authorize Brainy Girl to charge your payment method on a recurring basis until you cancel.

It is your responsibility to maintain a valid payment method on file. If a payment fails, your access may be suspended until the outstanding balance is resolved.

4.4 Cancellation

You may cancel your membership at any time by accessing your account settings or by contacting [email protected]. Upon cancellation:

Brainy Girl is committed to your success. If you are considering cancellation due to a concern or difficulty, please reach out to [email protected] first — we will work with you to help you get the most from your membership.

4.5 Access on Lapse

If your membership lapses due to a failed payment or non-renewal, access to membership-only content will be revoked at the end of the final paid billing period. Your account will remain active and any separately purchased content will remain accessible. You may re-enroll in The Collective at any time.

4.6 Account Sharing Prohibited

Each Collective membership is for a single individual user only. You may not share your login credentials, provide access to others, or permit any other person to use your account to access membership content. Accounts found to be shared will be subject to immediate suspension without refund.

4.7 Membership Refund Policy

Membership fees are non-refundable. This includes monthly and annual membership fees, regardless of usage. We do not offer partial or prorated refunds for unused portions of a membership period. If you have concerns about your membership, please contact [email protected] before cancelling and we will work with you to find a resolution.

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:

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:

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, memberships, 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:

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:

 

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