Terms of Service

Effective October 27, 2026. Brigade Management, Inc., a Texas corporation ("Baccare," "we," "us"). Terms version terms-2026-10-27.

1. Agreement and acceptance

PLEASE READ SECTION 19 (DISPUTE RESOLUTION). IT REQUIRES YOU AND BACCARE TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND IT WAIVES CLASS ACTIONS, REPRESENTATIVE ACTIONS AND JURY TRIALS. YOU MAY OPT OUT WITHIN 30 DAYS AS SECTION 19.11 EXPLAINS.

1.1 What these Terms cover

These Terms of Service ("Terms") are a binding contract between you and Brigade Management, Inc. They govern your use of baccare.com, app.baccare.com, the Baccare apps for iPhone and Android, and every related feature and service we provide (together, the "Service").

The Subscription, Free Trial and Auto-Renewal Terms ("Subscription Terms") are part of these Terms and control on plans, the Trial, renewal, cancellation, refunds and extra packs. Our Privacy Policy and Children's Privacy Notice explain how we handle personal information; where they describe a choice you make or a right you have, they control on that point. The Disclaimer and the Cookie Policy explain more about the Service.

1.2 How you accept, and the record we keep

• At sign-up. You accept these Terms and the Privacy Policy by checking the box that says you are 18 or older and agree to them, which is not checked in advance, links to both documents, and points out the arbitration agreement and class-action waiver in section 19. You cannot create an account without checking it. Because a Google sign-up does not carry that record to us, if you create your account with Google the app shows you the same kind of unchecked agreement box on your first visit, and you cannot continue without checking it.
• After a material change. When we change these Terms or the Privacy Policy materially (section 21.2), the app asks every adult on the account to agree to the new versions, with an unchecked box and links to both, before continuing.
• When you subscribe. You agree to the Subscription Terms and to automatic renewal by checking a separate box on Plan & billing (Subscription Terms, section 4).
• Our record. We record which versions you accepted, when, how (the sign-up box or the box in the app) and, for agreement in the app, your browser's user-agent string. We keep that record for 4 years after your account is deleted, as the Privacy Policy explains.

If you do not agree, do not create an account or use the Service. The Free Play games and the public Learn previews on baccare.com need no account. If you use only those, sections 3, 7, 9, 16, 17 and 20 apply to that use to the extent the law allows.

1.3 Who may accept

You must be at least 18 years old and old enough to make a binding contract where you live. Only a child's parent or legal guardian may add that child as a Learner, and only after agreeing to the Children's Privacy Notice, as the app asks before any Learner is added.

1.4 Agreeing for yourself

You agree to these Terms for yourself. You are responsible for how the Learners you add, and anyone else you let use your account or your device while you are signed in, use the Service, and for making sure that use follows section 7. Children do not accept these Terms and do not enter into any contract with us. Section 17.5 explains that you do not waive or release any claim of a Learner, and section 19.1 explains that a Learner is not a party to the arbitration agreement.

1.5 Who else is bound

• Other adults in your family. Each adult you add to your family, and each guardian in another household you give access to a child, creates their own account and accepts these Terms for themselves.
• Professional Users. Teachers, specialists and tutors accept these Terms when they create their account, and section 11 also applies to them.
• Schools. A school or district that makes Baccare available to its students, for example through its learning platform, does so under the School Data Addendum or a written agreement with us, not under these Terms. A student who opens Baccare that way does not have a Baccare account and does not accept these Terms.

2. Definitions

• "Baccare," "we," "us" and "our" mean Brigade Management, Inc., a Texas corporation.
• "You" means the adult who accepts these Terms: a Parent or a Professional User.
• "Parent" means an adult account holder who manages one or more Learners: the child's parent or legal guardian, or another adult whom that parent or guardian adds to the family or gives access to a child.
• "Learner" means a child a Parent adds to an account, and the child who uses the Service through that Parent's account. A Learner is a profile in a Parent's account, not an account.
• "Professional User" means a teacher, specialist or tutor whom Baccare has approved to use the professional tools (section 11).
• "Service" has the meaning in section 1.1.
• "Family plan" means Baccare's paid subscription for families, described in the Subscription Terms.
• "Trial" means the 14-day free trial of the Family plan described in the Subscription Terms.
• "Child mode" means the mode in which a Parent hands a device to one Learner, with the Parent's pages locked by a PIN.
• "AI Features" means Ask Bacc, Notes Studio (including Go deeper), and any other feature we label as using artificial intelligence. "Output" means what an AI Feature produces.
• "Verified consent" means a parent's consent that we have verified in one of the ways the Children's Privacy Notice describes.
• "Your Content" means anything you or a Learner types, says into the microphone, uploads or otherwise submits to the Service, such as Ask Bacc messages, notes and photos or PDFs of class pages for Notes Studio, learner card and Calendar entries, tutor listings, and a Professional User's assignments and class documents.
• "Apps" means the Baccare apps for iPhone and Android.

"Including" means "including without limitation." Headings are for convenience only.

3. The Service

3.1 What Baccare is

The Service is a supplemental learning tool for families with children in pre-K (age 4) through 8th grade. It offers practice activities and printables aligned, by citation, to the Texas Essential Knowledge and Skills (TEKS) for kindergarten through 8th grade and to the Texas Prekindergarten Guidelines for pre-K; progress views for Parents; a Calendar; the AI Features; rewards and games; optional features a Parent can use with other families, teachers, specialists or tutors; professional tools; and the Free Play games and Learn previews that need no account.

3.2 What Baccare is not

• Not a school. Baccare does not enroll students, award credit or grades, or replace classroom instruction, a teacher's judgment, or an individualized education program or similar plan.
• Not diagnostic or clinical. Baccare does not diagnose, screen for, assess or treat any medical, psychological, developmental or learning condition. Check-ups, scores and progress reports are informal indicators of practice.
• Not a substitute for professional services. Nothing in the Service is medical, psychological, therapeutic, legal or other professional advice.
• Not an emergency service. In an emergency, call 911.
• Not a guarantee. We do not promise any grade, test score, placement or other result. Practice scores, streaks and progress reports measure practice in Baccare, not mastery, ability or achievement.

The Disclaimer explains these limits in more detail.

3.3 Availability

The Service is designed for and offered in the United States. We work to keep it available but do not promise that it will always be available or free of errors. We may add, change or remove features as section 21 describes.

4. Accounts, Learners and Child mode

4.1 Your account

Give accurate information when you create your account and keep it current, especially your email address, which we use for notices (section 22.4). Each adult uses their own login; do not share yours. Keep your password secure. You may sign in with Google or Microsoft instead of a password if you choose. You are responsible for activity on your account. Tell us at once through the contact form if you think someone has used it without permission.

4.2 Children never have accounts; parental consent comes first

A Learner has no login, email address or password and cannot agree to anything. A Parent adds each Learner, chooses what to enter about the Learner, and controls what is shared. Parental consent works in two steps, which the Children's Privacy Notice describes in full:

1. Agreement to the Children's Privacy Notice, required before a Learner is added and before Child mode starts. It lets a child use what stays inside Baccare: practice, lessons, games, progress and the Calendar.
2. Verified consent, required before anything sends a child's information to an outside company: Ask Bacc and Notes Studio, which use our AI provider, and the microphone, which uses the speech service built into the browser. A parent verifies consent with a card charge (the $1 charge when a free trial starts, credited to the first bill, the first Family plan charge, or an extra pack), or by signing the consent statement on screen or returning a signed Parental Consent Form.

That notice also explains what we collect about Learners, who receives it, how long we keep it, and how to review or delete it.

4.3 Child mode and supervision

In Child mode a Learner can practice, play and use the Calendar, and, once a parent has verified consent, use Ask Bacc, Notes Studio and the microphone. Learners cannot message other people. A four-digit PIN locks the Parent's pages, and too many wrong tries lock it for a while. The PIN is a convenience, not a security boundary. It is meant to keep a child from wandering into a Parent's pages, not to stop a determined person who has the device. You decide how closely to supervise a Learner. We recommend that an adult stay nearby when younger children use the Service, especially Ask Bacc and Notes Studio.

4.4 Sharing with others is your choice

Several features share a Learner's information beyond your family's own use. Each happens only when a Parent chooses it, and each can be undone: joining a teacher's or specialist's group and choosing whether to share progress with it; inviting a tutor; joining a study pod; accepting a race or climb with another family; sharing Notes Studio results with a pod; adding another adult, or a guardian in another household; connecting Canvas; connecting a school calendar feed; and turning on a phone calendar link. The Children's Privacy Notice says what each one shares. You may decline all of them and still use the Service.

4.5 Other adults in your family

Adults you add to your family, and a guardian you give access to a child, can see and change that child's records, including Ask Bacc conversations. Add only adults you trust with that access. If you delete your account while another adult shares your family, your children's records pass to that adult, as the Privacy Policy explains.

5. Plans, Trial and billing

There is no free plan. Every new family can start one 14-day free Trial of the Family plan, with a card entered at checkout. Unless canceled before the Trial ends, the Family plan then renews automatically each month or year, and your payment method is charged each time, until you cancel. You agree to that by checking the automatic-renewal box on Plan & billing, which is not checked in advance; checkout does not open without it. You can cancel online at any time in Plan & billing, by choosing Manage subscription, on the website or in the Apps.

No purchases in the Apps. You start the Trial, subscribe and buy extra packs on the website (app.baccare.com in a web browser), not in the Apps. In the Apps you can still cancel or manage a subscription with Manage subscription and redeem an access code.

Prices, extra Learners, limits on the AI Features, extra packs, reminders, price changes, refunds, failed payments, taxes and access codes are covered in the Subscription Terms, which control on those topics. Approved Professional Users need no plan for their professional tools.

6. Ask Bacc and other AI Features

6.1 You are talking to an AI, not a person

Ask Bacc and the other AI Features are automated systems. They are not people, teachers or professionals. They generate Output using a large language model provided by a third party, currently Claude, made by Anthropic, PBC, which we use through its commercial service. Bacc is instructed never to claim to be a person, a friend or a family member. The AI disclosure page explains more.

6.2 Output can be wrong

Output is generated automatically. It may be inaccurate, incomplete, out of date, or not right for a particular child, despite our safeguards. Check anything that matters with a reliable source or your child's teacher.

6.3 A coach, not a way to do the work

Ask Bacc is designed to coach: to ask a guiding question, give a hint or show a similar example, not to complete assignments. Do not use, and do not let a Learner use, any AI Feature to complete graded work dishonestly, to take a test or quiz, or in any way a teacher or school does not allow. You are responsible for following your child's school's rules on academic honesty and the use of AI.

6.4 Do not rely on Output for decisions

Do not rely on Output, or on scores and progress shown in the Service, to decide a grade, assessment, placement, eligibility for services, or any medical, psychological, legal or safety question. Talk to the child's teacher or a qualified professional. If a child may be in danger, call 911. If someone may harm themselves, call or text 988, the Suicide & Crisis Lifeline.

6.5 Parents can read every conversation

Every Ask Bacc conversation is stored on the family's account. A Parent can read every conversation, for each child, on the Ask Bacc conversations page, and delete them at any time. Messages our safety filter flags are marked there. Conversations are kept for the period the Privacy Policy states.

6.6 The safety filter

Every Ask Bacc message is screened before it reaches the model and again before the reply is shown, for sexual content, self-harm, violence, personal information such as addresses and phone numbers, drugs and alcohol, and attempts to change Bacc's instructions. A reply about self-harm gives the 988 Suicide & Crisis Lifeline. Words naming a medical or learning condition are replaced with "[removed]" before a message is stored or sent, and a reply that names a condition is not shown. No filter is perfect: some unsuitable content may get through, and some suitable content may be blocked.

6.7 What not to enter

Do not type a child's full name, home address, phone number, email address, passwords or other contact details into Ask Bacc, and do not let a Learner do so. In Notes Studio, upload only pages of class material, such as notes, handouts and worksheets. A class page may show a child's name or handwriting; that is expected. Do not upload photographs of people, identity documents, medical records, or school records other than the child's own class work. The optional fields on a Learner's card are different: what you enter there is meant for Ask Bacc to use, as the Privacy Policy explains.

6.8 The microphone

The microphone buttons ("Say your answer" on practice questions, and the microphone in Ask Bacc and in Notes Studio quizzes) are offered only inside the signed-in app at app.baccare.com in a web browser. They are never offered on the public practice pages of baccare.com, in the Apps, or inside a school's Canvas. For a Learner, the microphone works only after a parent has verified consent (section 4.2). It uses the speech recognition built into the browser: Google's in Chrome and on Android, Microsoft's in Edge, and Apple's in Safari and on iPhone and iPad. The audio goes to that company under its own terms; Baccare never receives audio, only the words the browser returns. If you do not want that, do not use the microphone, and tell Learners not to use it.

6.9 Go deeper

Go deeper in Notes Studio lets the model search a fixed list of educational websites. The child's name is removed before that step. We are not responsible for those websites' content.

6.10 No training on your family's content

We do not use your family's conversations or uploads to train AI models. Anthropic's commercial terms provide that it does not train its models on what we send it through its API. The Privacy Policy explains what is sent to Anthropic and how long it is kept.

6.11 Output and ownership

As between you and us, you may use Output generated for your household for personal, non-commercial educational purposes, and a Professional User may also use Output with the Learners in their groups. We do not claim that Output is original, protected by copyright, or free of others' rights, and similar Output may be generated for other people. Activities, explanations, printables and other content written by Baccare remain ours under section 9.

6.12 Review for safety

We may use automated tools, and a small number of staff may review conversations and uploads, to provide support, to review safety concerns, to enforce these Terms, and to meet legal obligations, as the Privacy Policy describes.

7. Acceptable use

7.1 Rules for adults

You agree not to, and not to help or allow anyone else to:

1. use the Service in breach of any law, or in a way that harms, exploits, endangers or seeks personal information from a child;
2. share a login, sell, resell, rent or sublicense access to the Service, or use it for a commercial purpose other than as a Professional User under section 11;
3. give false information, impersonate anyone, or misrepresent a relationship to a child or a professional credential, including on a Parental Consent Form;
4. try to make an AI Feature produce sexual, violent, hateful, harassing or otherwise harmful content, to get around the safety filter or any limit, or to change, reveal or override its instructions;
5. upload or submit anything unlawful, infringing, sexual, violent, hateful or harassing, any malicious code, or another person's personal information you have no right to share;
6. scrape, crawl or bulk-download the Service, copy or redistribute its content except as section 9 allows, or use the Service, its content or Output to build or train an AI model or a competing product;
7. reverse-engineer, probe, scan or test the Service's security, or get around any security measure, usage limit, allowance, or the one-Trial-per-family rule (if you think you have found a security problem, report it through the contact form instead of testing further);
8. interfere with the Service or with anyone else's use of it, or access it by automated means other than calendar feeds or other interfaces we offer for that purpose; or
9. use the Service, including pods, races, climbs or tutor invitations, to send unwanted messages or marketing to other families or Professional Users, or to contact a child.

7.2 Rules for Learners

Please help each Learner use the Service the way it is meant to be used: for schoolwork and practice; without typing personal information into Ask Bacc; without trying to get Bacc to break its rules; without trying to unlock the Parent's pages; and without using Bacc to do graded work dishonestly.

7.3 Enforcement

We may remove content, limit features, or suspend or close an account that breaks these rules, as section 15 describes.

8. Content you provide

8.1 You keep ownership

You keep whatever rights you have in Your Content. These Terms do not transfer ownership of it to us.

8.2 The license you give us

You give us a non-exclusive, royalty-free, worldwide license to host, store, copy, process, transmit, adapt (for example, by turning class notes into a quiz) and display Your Content, only as needed to: provide the Service to you and to the people you choose to share with; send it to the service providers that help us run the Service, including Anthropic for the AI Features; reuse a stored result for anyone who submits identical material, so that the same page is not processed twice; keep the Service and children safe; and comply with law. The license ends when Your Content is deleted from the Service, except for copies in backups until they are overwritten, copies we must keep by law, and anything you shared with others that they have kept, all as the Privacy Policy describes.

8.3 Your promises about Your Content

You promise that you have the rights needed to submit Your Content and to give the license above, and that Your Content and its use under these Terms do not break any law or infringe anyone's rights. Teachers, specialists and tutors have further duties in section 11.

8.4 Feedback

If you send us ideas or suggestions about the Service, we may use them without any obligation to you.

8.5 Our right to remove content

We do not review all content before it is submitted, apart from the automated screening of the AI Features. We may remove or disable any content that we believe breaks these Terms or the law, or puts a child at risk.

9. Our content and intellectual property

9.1 Ownership and your license

The Service and everything we provide through it, including activities, questions, explanations, printables, course pages, software, design, the Baccare name and the Bacc character, belong to Brigade Management, Inc. or its licensors and are protected by copyright, trademark and other laws. Subject to these Terms, we give you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service and to print printables for use within your household. A Professional User may also use and print them for the Learners in their groups. No other right is granted.

9.2 Texas standards

Texas Essential Knowledge and Skills (TEKS) text is quoted from 19 Texas Administrative Code, chapter 110 et seq., adopted by the State Board of Education, and identified by section number. Texas Prekindergarten Guidelines text is quoted from the 2022 Texas Prekindergarten Guidelines published by the Texas Education Agency, and identified by outcome code (for example, PK4.V.A.2). STAAR and other Texas Education Agency marks are trademarks of the Texas Education Agency. Baccare is not affiliated with, endorsed by, or approved by the Texas Education Agency or the State Board of Education. Activities labeled Baccare Labs are enrichment and are not part of the TEKS.

9.3 Trademarks

Baccare, the Bacc character and the Baccare logos are trademarks of Brigade Management, Inc. Claude and Anthropic are trademarks of Anthropic, PBC. Other names and marks belong to their owners. Nothing in these Terms gives you a right to use our marks.

10. Copyright complaints (Digital Millennium Copyright Act)

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512.

10.1 Our designated agent

Send notices of claimed infringement to our designated agent (17 U.S.C. § 512(c)(2)):

Copyright Agent, Brigade Management, Inc., 3400 Coit Rd. #262084, Plano, TX 75026. Phone: (469) 712-7465. Email: privacy@baccare.com.

The Copyright Agent also receives notices sent through the contact form (choose Legal notice). Use these channels only for copyright notices and counter-notices; other messages sent to the Copyright Agent may not get a reply.

10.2 What a notice must contain

To be effective, a notice must be in writing and include substantially the following (17 U.S.C. § 512(c)(3)(A)):

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed or, if several works are covered by one notice, a representative list of them;
3. identification of the material that is claimed to be infringing and that is to be removed or disabled, and information reasonably sufficient for us to find it, such as the page address and what the material shows;
4. information reasonably sufficient for us to contact you, such as your name, mailing address, telephone number and email address;
5. a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

10.3 What we do with a notice

When we receive a notice that substantially complies, we will expeditiously remove or disable access to the material, and take reasonable steps promptly to tell the person who provided it that we have done so, with a copy of the notice.

10.4 Counter-notice

If material you provided was removed or disabled and you believe in good faith that this was a mistake or a misidentification, you may send a counter-notice to the Copyright Agent through the channels in section 10.1. It must be in writing and include substantially the following (17 U.S.C. § 512(g)(3)):

1. your physical or electronic signature;
2. identification of the material that was removed or disabled and where it appeared before it was removed or disabled;
3. a statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
4. your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who provided the original notice or that person's agent.

When we receive a counter-notice that substantially complies, we will promptly send a copy to the person who sent the original notice and tell that person that we will restore the material, or stop disabling access to it, in 10 business days. We will then do so no sooner than 10 and no later than 14 business days after we receive the counter-notice, unless our Copyright Agent first receives notice from that person that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material (17 U.S.C. § 512(g)(2)).

10.5 Misrepresentations

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages, including costs and attorneys' fees. If you are not sure whether material infringes your copyright, consider getting legal advice before sending a notice.

10.6 Repeat infringers

Under 17 U.S.C. § 512(i)(1)(A), we have adopted and reasonably implement a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. We may also remove content, or limit or end access, for a single instance of infringement.

11. Professional Users: teachers, specialists and tutors

11.1 Approval

An adult may apply for professional tools in Settings. We review each application and decide, in our discretion, whether to approve it. We may ask for information to check an application, and we may withdraw approval at any time, for example if information given to us was inaccurate or a duty in this section is broken. Approved Professional Users need no plan for their professional tools. A Professional User who adds their own children as Learners is a Parent for that purpose.

11.2 You are independent

Professional Users are independent. They are not employees, agents or contractors of Baccare. Baccare does not employ, supervise, train or vouch for any teacher, specialist or tutor, and is not responsible for their advice, services, conduct or fees. Baccare does not run background checks. A tutor's directory listing may describe a background check the tutor obtained, which Baccare has looked at; that is not a promise by Baccare about the tutor. Lessons, scheduling and payment for tutoring are between the tutor and the family. Baccare does not book sessions, take payment for them, or take a share.

11.3 How you see a child

A teacher or specialist sees a child only after the child's Parent enters the group's six-letter code, sees the group, and agrees. The Parent chooses whether to share progress (by default, only whether assigned work is done) and can remove the child or set an end date (by default, June 30). A tutor sees what a Parent shares by joining the tutor's group in the same way, and a tutor a Parent invites sees the Parent's display name and the Parent's message. The Children's Privacy Notice lists what each kind of Professional User sees.

11.4 Your duties

As a Professional User you agree:

1. Lawful use. To use the Service only in compliance with the law, including laws on student and children's privacy that apply to you.
2. Your school's or employer's rules. To follow the policies of any school, district, practice or employer you work for, including any rule that requires approval before using an online service with students. If your school's rules or the law require a written agreement with us before student records are used, do not put those records into Baccare unless your school has entered into the School Data Addendum with us.
3. Limited use of children's information. To use what you see about a child only for the purpose of the group the Parent joined: assigning and reviewing practice and supporting that child's learning. You will not copy, export, sell or disclose it, or use it for marketing or any other purpose.
4. No contact with a child outside what the Parent arranged. Not to contact a Learner except as the Learner's Parent has arranged, and never to use the Service to seek a child's contact details. Arrange everything through the Parent.
5. Accurate information. To keep your application, your credentials, your tutor listing (including your rate, subjects and grades, and any background-check description) and your groups accurate and current.
6. Your own obligations. Any duty you have as a professional, including any duty to report suspected abuse or neglect, remains yours.

11.5 What you upload

Assignments, class documents, notes and printables you upload are Your Content under section 8. You promise that you have the rights to upload them, including any third-party worksheets or materials and any student work, and that sharing them with the families in your group is allowed. The license in section 8.2 also covers showing them to the Parents and Learners in your group and giving them to Ask Bacc to help those Learners. We may remove anything that breaks these Terms.

11.6 Ending professional access

A Parent can remove a child from your group at any time, and access ends on the end date the Parent sets. We may suspend or end your professional tools under section 15.

12. Third-party services

Parts of the Service rely on, or connect to, services run by other companies under their own terms and privacy policies. We are not responsible for those services, and we do not control their availability.

• Stripe processes payments through its own checkout and billing pages.
• Sign in with Google and Sign in with Microsoft are optional. If you use one, that company's terms apply to that sign-in.
• Canvas, from Instructure, is used only if a Parent or a school connects it. If you connect a Canvas observer account, you confirm that you are allowed to use that account, and you authorize us to read your child's courses, assignments, scores and announcements from it. You can disconnect it at any time. Your school's Canvas terms continue to apply.
• School calendar feeds you add are read from your school's system. Keep the feed address private.
• App stores. If you download an App, the store's own terms apply to the download (section 22.10).
• Browser speech recognition is used for the microphone (section 6.8).
• Links. The Service links to sites we do not control, such as official standards documents and source materials. We are not responsible for their content, accuracy or practices.

13. Text-message program: Baccare schoolwork reminders

Launch. The program described here starts when the mobile carriers approve its registration. Until then, we send no text messages.

• Program. "Baccare schoolwork reminders" is an optional program of informational text messages about your own family's schoolwork: a summary of upcoming work and reminders before a test, quiz or due date. It sends no marketing or promotional messages.
• Who may join. Adults 18 or older who hold a Baccare account, using their own United States mobile number. Each adult in a family joins separately, with their own number, or not at all. Children never receive text messages from Baccare, and we never collect a child's phone number.
• How to join. In Settings, enter your number and check the consent box. Only then do we text you a one-time code to confirm the number. We send nothing, not even the code, until you have checked the box. Consent is not a condition of any purchase.
• Message frequency varies. Typically one weekly summary, plus a reminder before a test or due date. You choose the day, the time, how much notice you get and which kinds of work trigger a reminder, in Settings.
• Message and data rates may apply. We do not charge for the program, but your mobile plan may.
• To stop: reply STOP to any message. We also accept QUIT, END, CANCEL, UNSUBSCRIBE, STOPALL, OPTOUT and REVOKE, turning texts off in Settings, or any other reasonable way of telling us, including the contact form. We stop texting that number as soon as we can, and in every case within 10 business days (47 C.F.R. § 64.1200(a)(10)). Stopping texts does not close your account or stop account emails. After you reply STOP, your carrier blocks our texts to you, so to restart, text START to the same number and turn texts back on in Settings.
• For help: reply HELP to any message, or use the contact form.
• Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and device, and we cannot promise that every message arrives. The Calendar in the app is the record; do not rely on a text as your only notice of a deadline.
• Privacy. We do not share your mobile number or text-message consent with third parties for their marketing. The Privacy Policy explains how we handle your number and consent record.
• Disputes about the program are covered by section 19.

14. Privacy

Our Privacy Policy explains what we collect from adults and visitors, how we use and share it, how long we keep it, and your rights. Our Children's Privacy Notice explains what we collect about Learners, the parental consent we obtain and how we verify it, who receives the information, how long we keep it, and how a Parent can review it, delete it and refuse further collection. Our Cookie Policy covers cookies and browser storage. Questions about privacy go to the contact details given in the Privacy Policy.

15. Suspension and termination

15.1 By you

You may stop using the Service at any time. To cancel a subscription, follow the Subscription Terms. To close your account, use Delete my account in Settings (outside Child mode, after a recent sign-in). Deleting your account cancels any subscription and deletes your account and your family's records as the Privacy Policy describes. You can export your data in Settings first.

15.2 By us

We may suspend or limit your access, or close your account, if: you or someone using your account breaks these Terms in a serious way or repeatedly; we reasonably believe it is needed to protect a child, another user, the Service or the public; the law requires it; or we stop offering the Service. Where it is lawful and safe to do so, we will tell you why and give you a chance to fix the problem or to export your data first. If we stop offering the Service altogether, we will give at least 30 days' notice by email.

15.3 Inactive accounts

If no adult in your family has signed in to or used the Service for 24 months, and the family has no live subscription, we email the account a warning. If no one in the family signs in within 30 days after that email, we delete the account as the Privacy Policy describes. We never delete an account for inactivity without first sending that warning, and we never delete a paying subscriber's account for inactivity.

15.4 Money

If we close your account, or stop offering the Service, when you have not broken these Terms, we will refund the prepaid, unused part of your Family plan and the unused share of any extra pack. If we close your account because you broke these Terms, no refund is due except where the law requires. If this happens during a Trial, the Trial ends and you are not charged.

15.5 Your data

When an account is closed, its data is deleted as the Privacy Policy describes, except what we must keep by law or need to keep to protect a child, resolve a dispute, or enforce these Terms. Some records are kept for a set period after deletion, no longer linked to the account: the record of your agreement to these Terms and the Privacy Policy, the record that a parent verified consent, and the record of your consent to automatic renewal. The Privacy Policy and the Children's Privacy Notice give each period.

15.6 What survives

These parts survive the end of your account or subscription: sections 6.11, 8.2 (for backups and retained copies), 8.4, 9, 10.5, 15, 16, 17, 18, 19, 20 and 22, and any payment owed or refund due.

16. Disclaimers

16.1 THE SERVICE, INCLUDING ALL CONTENT, AI OUTPUT, PRINTABLES, STANDARDS ALIGNMENTS AND THE APPS, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, BACCARE DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

16.2 WITHOUT LIMITING SECTION 16.1, BACCARE DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY CONTENT, OUTPUT OR STANDARDS ALIGNMENT IS ACCURATE, COMPLETE, CURRENT OR SUITABLE FOR A PARTICULAR CHILD; (C) THE SAFETY FILTER WILL CATCH EVERY UNSUITABLE MESSAGE OR REPLY; (D) USING THE SERVICE WILL IMPROVE ANY GRADE, TEST SCORE, PLACEMENT OR OTHER RESULT; OR (E) ANY PROFESSIONAL USER, OTHER FAMILY OR THIRD-PARTY SERVICE WILL ACT AS YOU EXPECT.

16.3 The Service gives general educational information. It is not medical, psychological, therapeutic, legal or other professional advice, as section 3.2 and the Disclaimer explain.

16.4 THIS SECTION 16 IS SUBJECT TO SECTION 17.4. IT DOES NOT LIMIT ANY RIGHT YOU HAVE THAT CANNOT BE WAIVED OR LIMITED BY LAW, INCLUDING UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE § 17.41 ET SEQ.). SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of liability

17.1 EXCLUDED DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS SECTION 17.4 PROVIDES, BACCARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, AND EVEN IF WE WERE TOLD THAT SUCH DAMAGES WERE POSSIBLE.

17.2 LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS SECTION 17.4 PROVIDES, THE TOTAL LIABILITY OF BACCARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

17.3 THE LIMITS IN THIS SECTION 17 APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITS MAY NOT APPLY TO YOU.

17.4 WHAT THESE TERMS DO NOT LIMIT. NOTHING IN THESE TERMS, INCLUDING SECTIONS 16, 17 AND 18: (A) LIMITS ANY RIGHT YOU HAVE THAT CANNOT BE WAIVED OR LIMITED BY LAW, INCLUDING UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT (TEX. BUS. & COM. CODE § 17.41 ET SEQ.), WHICH DOES NOT ALLOW ITS PROTECTIONS TO BE WAIVED EXCEPT AS SECTION 17.42 OF THAT ACT PERMITS; (B) LIMITS OUR LIABILITY FOR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT; (C) LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY; (D) LIMITS ANY OTHER LIABILITY THAT THE LAW DOES NOT ALLOW TO BE LIMITED; OR (E) REDUCES ANY REFUND THESE TERMS OR THE SUBSCRIPTION TERMS PROMISE.

17.5 LEARNERS' OWN CLAIMS. YOU AGREE TO SECTIONS 17 AND 18 FOR YOURSELF ONLY. YOU DO NOT AGREE TO THEM ON BEHALF OF ANY LEARNER, AND THEY DO NOT WAIVE, RELEASE OR LIMIT ANY CLAIM THAT A LEARNER HAS IN THE LEARNER'S OWN RIGHT, INCLUDING ANY CLAIM FOR PERSONAL INJURY.

18. Indemnity

18.1 You agree to defend and indemnify Baccare and its officers, directors and employees against claims brought by third parties, and the resulting losses, liabilities and reasonable attorneys' fees, to the extent they arise from: (a) your breach of these Terms; (b) Your Content that you submitted in breach of these Terms, such as material that infringes someone's rights; or (c) your own misuse of the Service, including, for a Professional User, use of a child's information or contact with a child in breach of section 11.

18.2 This indemnity does not cover: any claim brought by or on behalf of a Learner, including your own child; any claim to the extent it arises from our own negligence, misconduct or breach of these Terms; or anything the law does not allow to be indemnified. It is subject to section 17.4.

18.3 We will tell you promptly about any claim covered by this section, let you control its defense with counsel reasonably acceptable to us, and cooperate at your expense. We may take part with our own counsel at our own cost. You may not settle a claim in a way that admits fault for us or binds us without our written consent.

19. Dispute resolution: arbitration agreement, class-action waiver and jury-trial waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES YOU AND BACCARE TO RESOLVE MOST DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS INSTEAD OF IN COURT. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN AWARD IS LIMITED. THIS SECTION ALSO WAIVES CLASS ACTIONS, REPRESENTATIVE ACTIONS AND JURY TRIALS. YOU MAY OPT OUT WITHIN 30 DAYS AS SECTION 19.11 EXPLAINS.

19.1 Who this agreement binds, and how you agreed

1. The parties. This arbitration agreement is between Baccare and you, the adult account holder, in your individual capacity only. "You" in this section includes anyone who claims through you, such as an heir or assignee, but not a Learner.
2. Children are not parties. No Learner, and no other child, is a party to or bound by this section. You do not agree to it on any child's behalf. Baccare will not seek to compel a child to arbitrate, and will not argue that a child is bound by this section through you, through the child's use of the Service, or under any theory of estoppel, agency or third-party beneficiary. A claim a child brings in the child's own right is outside this section, even if a parent or other representative brings it for the child.
3. How you agreed. You agreed to this section by checking an unticked box, at sign-up or in the app, that refers to these Terms and to this arbitration agreement and class-action waiver (section 1.2). We keep the record of that agreement.

19.2 What it covers

"Dispute" means any claim or controversy between you and Baccare that arises out of or relates to these Terms, the Service, any purchase, any text message or email from us, or our relationship, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms. It includes a claim you bring against our officers, directors, employees or agents in that capacity. Section 19.7 says who decides whether a claim is a Dispute.

19.3 The Federal Arbitration Act governs this section

These Terms involve interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, and federal law on arbitration alone govern the interpretation and enforcement of this section 19. No state arbitration statute, including the Texas Arbitration Act, applies to it. Texas law governs the rest of these Terms (section 20).

19.4 Informal resolution first

1. Notice of Dispute. Before either of us starts an arbitration, the one with the Dispute must send the other a written Notice of Dispute. Each Notice must be individual: it must concern only the claims of the person sending it, and must give that person's name, the email address on the Baccare account (if any), a mailing address, a description of the Dispute, and the relief sought. It must be signed by that person (and also by their lawyer, if they have one); a Notice from Baccare is signed by an authorized representative. One Notice cannot cover more than one person.
2. Where to send it. Send a Notice to us through the contact form (choose Legal notice) or by mail to Brigade Management, Inc., Attn: Legal, 3400 Coit Rd. #262084, Plano, TX 75026. We will send a Notice to you at the email address on your account, and by mail if you have given us a mailing address.
3. Sixty days to resolve it. For 60 days after the Notice is received, we will each try in good faith to resolve the Dispute without arbitration.
4. An individual conference. If either of us asks within those 60 days, we will hold an individual settlement conference by telephone or video at a mutually convenient time. You must take part personally (your lawyer may join you), and a Baccare representative with authority to settle will take part. If the conference is held after day 50, the 60-day period is extended until 10 days after it.
5. Deadlines are paused. All statutes of limitations and filing deadlines that apply to the Dispute are tolled from the day the Notice is received until the end of the period in (c) and (d).
6. A condition of arbitration. Neither of us may start an arbitration until this step is complete. If one of us does, the AAA or the arbitrator may pause or close the case without prejudice until it is. This step does not apply to small claims court or to the court actions in section 19.5(b).

19.5 What can go to court instead

1. Small claims court. Instead of arbitration, either of us may bring an individual claim in small claims court (in Texas, a justice court) in the county where you live or in Collin County, Texas, if the claim qualifies and stays there as an individual action. Either of us may choose small claims court even after an arbitration is filed, until an arbitrator is appointed. If the case is transferred, removed or appealed to a court of general jurisdiction, it will be arbitrated under this section instead.
2. Intellectual property. Either of us may bring a claim in court for infringement or misuse of that party's patents, copyrights, trademarks or trade secrets, or to stop such infringement or misuse.

19.6 How arbitration works

EXCEPT AS SECTIONS 19.5, 19.8 AND 19.9 PROVIDE, ALL DISPUTES WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS.

1. Administrator and rules. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules and, when they apply, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration is started (together, the "AAA Rules"). The AAA Rules are available at adr.org. If the AAA cannot or will not administer the arbitration, we will agree on another administrator, or a court will appoint one under the Federal Arbitration Act.
2. Mass filings. If 25 or more similar demands for arbitration are filed against or by Baccare by the same or coordinated counsel, or are otherwise coordinated, the AAA's Mass Arbitration Supplementary Rules and its fee schedule for mass arbitrations apply, as the AAA decides. This section adds no batching, bellwether or other procedure of its own beyond those rules. No result in one person's case binds anyone else who did not agree to it, and no one's case is held back to wait for another's.
3. The arbitrator. One neutral arbitrator, chosen under the AAA Rules, will decide the Dispute. The arbitrator will apply the same substantive law and statutes of limitations that a court would, follow these Terms, and may award any relief to an individual that a court could award to that individual, including damages, declaratory or injunctive relief, and, where the law allows, attorneys' fees, but only in favor of the individual party seeking relief and only to the extent needed for that party's individual claim. The arbitrator will give a written decision stating the reasons. Judgment on the award may be entered in any court with jurisdiction. An award has no effect in any other case, except to enforce that award.
4. Fees. Your share of the AAA's filing, administration and arbitrator fees will not exceed the consumer filing fee set by the AAA Rules, and if that fee is more than the fee to file the same claim in the state or federal court in the county where you live, we will pay the difference. We will pay all other AAA fees and the arbitrator's compensation. Each of us pays our own attorneys' fees and costs, unless the law (including the Texas Deceptive Trade Practices-Consumer Protection Act) or the AAA Rules allow the arbitrator to award them. We will not seek our attorneys' fees or costs from you unless the arbitrator finds your claim frivolous or brought for an improper purpose.
5. Hearings. Any hearing will take place by video conference, unless the arbitrator decides that an in-person hearing is needed or you ask for one. An in-person hearing will take place in the county where you live, or at another place we both agree to. The AAA Rules decide whether a claim may be decided on written submissions alone.

19.7 Who decides what

The arbitrator has exclusive authority to decide all issues about the Dispute and about this section 19, including its formation, existence, scope, validity, interpretation, enforceability and arbitrability, whether a claim is a Dispute, and whether the informal step in section 19.4 was followed. However, only a court with jurisdiction under section 19.13 may decide:

1. the validity, enforceability, scope or application of the class and representative action waiver in section 19.8, and whether a Dispute may proceed on a class, collective, consolidated or representative basis;
2. whether a claim or request for relief seeks public injunctive relief, whether the law allows that relief to be waived, and any such claim, under section 19.9;
3. the validity, enforceability or application of the mass-filing provisions in section 19.6(b); and
4. whether an opt-out under section 19.11, or a rejection under section 19.12, was valid.

A small claims court decides whether a claim qualifies for it (section 19.5(a)).

19.8 Class and representative action waiver

YOU AND BACCARE EACH AGREE THAT A DISPUTE MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PRIVATE ATTORNEY GENERAL ACTION. UNLESS YOU AND WE BOTH AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND MAY AWARD RELIEF, INCLUDING DECLARATORY OR INJUNCTIVE RELIEF, ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NEEDED FOR THAT PARTY'S INDIVIDUAL CLAIM. The AAA's administration of several individual cases together under the AAA Rules is not a class, collective, consolidated or representative proceeding for this purpose.

If, after all appeals, a court decides that this waiver cannot be enforced as to a particular claim or request for relief, then that claim or request for relief, and only that one, is severed from the arbitration and must be decided by a court under section 19.13, never in a class or collective arbitration. The court case is stayed until every individual claim and request for relief that can be arbitrated has been decided in arbitration.

19.9 Public injunctive relief

Nothing in this section takes away any right you have under applicable law to seek public injunctive relief, meaning relief whose primary purpose and effect is to stop unlawful acts that threaten future injury to the general public, where a court holds that the law does not allow that right to be waived. Any such request will be severed and decided by a court under section 19.13, not by an arbitrator, and the court case will be stayed until every individual claim and request for relief that can be arbitrated, including any request for individual injunctive relief, has been decided in arbitration.

19.10 Jury trial waiver

YOU AND BACCARE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY ON ANY DISPUTE. IF A DISPUTE, OR ANY CLAIM OR REQUEST FOR RELIEF IN IT, IS DECIDED IN COURT RATHER THAN IN ARBITRATION FOR ANY REASON, INCLUDING UNDER SECTIONS 19.5, 19.8 AND 19.9, IT WILL BE DECIDED BY A JUDGE, NOT A JURY, TO THE FULLEST EXTENT THE LAW ALLOWS. If you opt out under section 19.11, this waiver does not apply to you.

19.11 Your right to opt out

You may opt out of this section 19 by sending us a notice within 30 days after the day you first accept these Terms. Send it through the contact form (choose Legal notice), or by mail to Brigade Management, Inc., Attn: Legal, 3400 Coit Rd. #262084, Plano, TX 75026, postmarked within the 30 days. Include your name, the email address on your account, and a clear statement that you opt out of the arbitration agreement. Each person must opt out personally; an opt-out sent for someone else, or for a group, is not valid. We will confirm by email that we received it.

Opting out costs nothing and affects nothing else in these Terms: Disputes between you and us will then be decided in court under section 20, and every other term continues to apply. An opt-out applies only to the adult who sends it. If you opted out of this section under an earlier version of these Terms, that opt-out still applies.

19.12 Changes to this section

If we make a material change to this section 19, you may reject it by sending us a notice, in the way section 19.11 describes, within 30 days after the change takes effect. If you do, the version of section 19 you last accepted continues to apply between you and us, and rejecting the change does not affect any other change. No change to this section applies to a Dispute for which a Notice of Dispute was sent, or an arbitration or court case was filed, before the change took effect.

19.13 Court proceedings and venue

Any Dispute or claim that is decided in court, and any action to compel arbitration or to confirm, modify or vacate an award, will be brought only in the state or federal courts located in Collin County, Texas, unless the law of the state where you live requires that you be able to bring it, or be sued, in your home county, in which case it may be brought there. Small claims cases follow section 19.5(a). You and Baccare each consent to the personal jurisdiction of those courts.

19.14 Survival, severability and precedence

1. Survival. This section 19 survives the end of your account, the end of any subscription, and the deletion of your data. If we stop offering the Service, it continues to apply to Disputes that arose before then.
2. Severability. If a court or arbitrator decides that any part of this section 19 is invalid or unenforceable, that part is severed and the rest remains in effect, except as section 19.8 provides for the class and representative action waiver and section 19.9 provides for public injunctive relief. If a Dispute is found not to be subject to arbitration, it will be decided by a court under section 19.13.
3. Precedence. If this section conflicts with any other part of these Terms, the Subscription Terms, any other policy or notice from us, or the AAA Rules (to the extent the AAA Rules allow the parties to agree otherwise), this section controls.

20. Governing law and venue

Section 19 is governed by the Federal Arbitration Act. Otherwise, these Terms and any Dispute are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-laws rules. This choice of law does not take away the protection of any law of the state where you live that cannot be waived by contract. Court proceedings follow section 19.13; if you opted out of section 19, section 19.13 still decides where they are brought. An arbitration award may also be enforced in any court with jurisdiction.

21. Changes to the Service and these Terms

21.1 Changes to the Service

We may add, change or remove features of the Service. We will give at least 30 days' notice by email before we reduce the monthly amounts of Ask Bacc or Notes Studio included in the Family plan, and at least 30 days' notice before we stop offering the Service altogether (section 15). Price changes follow section 7 of the Subscription Terms.

21.2 Changes to these Terms

We may change these Terms. A change applies only from its effective date going forward. A change takes effect no sooner than 30 days after we post it, and for a material change, no sooner than 30 days after we tell you about it by email to the address on your account and in the app. The only exception is a change required by law, which takes effect when the law requires; we will tell you about it as soon as we reasonably can. From the effective date of a material change, the app asks you to agree to the changed Terms, with an unchecked box and links to the changed documents, before you continue, and we record your agreement as section 1.2 describes. If you do not agree to a change, you may cancel your subscription and close your account before it takes effect.

21.3 Changes never reach existing disputes

No change to these Terms applies to a Dispute that arose, or that you or we had notice of, before the change took effect; that Dispute stays under the version of these Terms in effect when it arose. Section 19.12 also lets you reject a material change to section 19.

21.4 Version

The date and version at the top of these Terms show when they last changed.

22. General

22.1 Entire agreement

These Terms, including the Subscription Terms, are the entire agreement between you and us about the Service and replace any earlier agreement on the same subject, except as sections 19.11, 19.12 and 21.3 preserve. A school's written agreement with us and the School Data Addendum govern the school's use instead.

22.2 Assignment

You may not transfer these Terms or your account without our written consent. We may transfer these Terms in connection with a merger, acquisition, reorganization or sale of all or part of our business, or by operation of law, if the new owner takes on our obligations under them. We will tell you about such a transfer.

22.3 Electronic communications

You agree that we may give you notices, receipts, reminders, disclosures and changes to these Terms electronically, by email to the address on your account and in the app, and that these meet any requirement that they be in writing (15 U.S.C. § 7001(c)). This consent covers every communication about your account and the Service while you have an account. You need a device with a current web browser and an email account to use the Service and receive them. Save or print any notice you want to keep. You may ask for a paper copy of any notice, free of charge, through the contact form or by mail to the address in section 22.4. Keep your email address current in Settings. Because the Service is provided only online, withdrawing your consent to electronic communications means closing your account, which you can do in Settings or by telling us through the contact form; withdrawing does not affect communications already given.

22.4 Notices

We send notices to you by email to the address on your account, in the app, or both. A notice to you is given when we send the email or post it in the app. Send notices to us through the contact form (choose Legal notice) or by mail to Brigade Management, Inc., Attn: Legal, 3400 Coit Rd. #262084, Plano, TX 75026. Legal process must be sent by mail. Copyright notices go to the Copyright Agent (section 10.1).

22.5 Events beyond our control

We are not responsible for a delay or failure caused by events beyond our reasonable control, such as natural disasters, epidemics, war, terrorism, civil unrest, government action, labor disputes, power or internet failures, or failures of service providers. This does not excuse any duty to refund money.

22.6 No waiver; severability

If we do not enforce a part of these Terms, that is not a waiver of it. If any part of these Terms is found unenforceable, it will be enforced to the extent possible and the rest of these Terms remain in effect; section 19.14 controls for section 19.

22.7 United States only; export

The Service is offered in the United States. We do not claim that it is appropriate or available for use elsewhere; if you use it from outside the United States, you are responsible for following local law. You may not use or export the Service in violation of United States export or sanctions laws. You confirm that you are not located in a country subject to a United States government embargo, or designated by the United States government as a "terrorist supporting" country, and that you are not on any United States government list of prohibited or restricted parties.

22.8 Relationship

You and we are independent parties. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship. Except as section 22.10 provides for Apple, these Terms give no rights to anyone other than you and us.

22.9 Language

These Terms are written in English. If we provide a translation, the English version controls to the extent the law allows.

22.10 Apps from the Apple App Store and Google Play

This section applies if you download an App from the Apple App Store or Google Play (each, an "App Store").

1. The agreement is with us. These Terms are between you and Baccare only, not with Apple Inc. ("Apple") or Google LLC ("Google"). Baccare, not Apple or Google, is solely responsible for the App and its content.
2. Scope of license. Your license to use an App is limited to a non-transferable license to use it on devices that you own or control and as permitted by the usage rules in the App Store's terms of service, except that an App may be accessed and used by other accounts associated with you through Apple's Family Sharing or similar App Store features.
3. Maintenance and support. Baccare is solely responsible for maintenance and support of the Apps. Apple and Google have no obligation to provide any maintenance or support for them.
4. Warranty. Baccare is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If an App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Baccare's responsibility, subject to these Terms.
5. Product claims. Baccare, not Apple or Google, is responsible for addressing any claims by you or a third party relating to an App or your possession and use of it, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property. If a third party claims that an App or your possession and use of it infringes that third party's intellectual property rights, Baccare, not Apple or Google, is solely responsible for the investigation, defense, settlement and discharge of that claim.
7. Legal compliance. You make the confirmations in section 22.7 about embargoes and restricted-party lists.
8. Questions and complaints. Direct any question, complaint or claim about an App to Brigade Management, Inc., 3400 Coit Rd. #262084, Plano, TX 75026, or through the contact form.
9. Third-party terms. You must comply with any applicable third-party terms when using an App, such as your wireless data service agreement.
10. No purchases in the Apps. Nothing is sold inside the Apps, and the Apps do not use the App Store's in-app purchase system. Subscriptions and extra packs are sold by Baccare on its website through Stripe, and the Subscription Terms govern them.
11. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to an App downloaded from the Apple App Store, and once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.
12. Google Play. If you download an App from Google Play, Google's terms of service for Google Play also apply to the download. Google is not a party to these Terms and is not responsible for the App.

23. Contact

Questions about these Terms: use the contact form, or write to Brigade Management, Inc., 3400 Coit Rd. #262084, Plano, TX 75026. Legal notices: choose Legal notice on the contact form, or mail them to the same address, Attn: Legal. Copyright notices go to the Copyright Agent in section 10.1.