Educational Disclaimer & Assumption-of-Risk Waiver

# Educational Disclaimer and Waiver

**Product:** Brainrise (the "Service")
**Operator:** Southwest CP Investment LLC, a Texas limited liability company ("Company," "we," "us," or "our")
**Version:** 1.1
**Effective Date:** August 16, 2026
**Last Updated:** 2026-09-08

This Educational Disclaimer and Waiver ("Disclaimer") is incorporated into and forms part of the Brainrise Terms of Service ("Terms") and uses the same defined terms, including "Parent," "Student," "User," "Content," "AI Coach," and **"Company Parties."** By using the Service, you (and, for a Student, the Parent on the Student's behalf) acknowledge and agree to this Disclaimer.

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## 1. Educational Assistance Only

The Service is an **educational-assistance and study-support tool.** It provides practice questions, diagnostics, explanations, an AI Coach, progress dashboards, and parent reports intended to help a Student practice for standardized tests. The Service is **supplemental** and is not a substitute for school instruction, licensed tutoring, academic advising, counseling, or the Student's own study effort.

## 2. NO PROMISE OF SCORE IMPROVEMENT OR OUTCOMES

> **2.1 THE SERVICE MAKES NO GUARANTEE, PROMISE, WARRANTY, OR REPRESENTATION OF ANY SCORE IMPROVEMENT, POINT GAIN, TEST RESULT, PERCENTILE, GRADE, COLLEGE OR UNIVERSITY ADMISSION, SCHOLARSHIP, FINANCIAL AID, OR ANY OTHER ACADEMIC OR LIFE OUTCOME.**
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> **2.2 NO SPECIFIC RESULT IS PROMISED OR SHOULD BE EXPECTED. ANY SCORE ESTIMATE, PRACTICE "SCORE BAND," AVERAGE, TESTIMONIAL, OR EXAMPLE SHOWN ANYWHERE IN THE SERVICE IS ILLUSTRATIVE AND MOTIVATIONAL ONLY — IT IS NOT A PREDICTION, PROMISE, OR TYPICAL RESULT.**
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> **2.3 RESULTS DEPEND ENTIRELY ON FACTORS OUTSIDE COMPANY'S CONTROL, INCLUDING THE STUDENT'S EFFORT, CONSISTENCY, ABILITY, PRIOR PREPARATION, TEST-DAY CONDITIONS, AND CHANGES TO THE TEST ITSELF. THE SAME EFFORT MAY PRODUCE DIFFERENT RESULTS FOR DIFFERENT STUDENTS.**

## 3. Reliance and Assumption of Responsibility

3.1 You agree that you are **not** purchasing or using the Service in reliance on any promised score, result, or outcome, and that no such reliance would be reasonable.

3.2 The Student and Parent are solely responsible for how the Service is used, for the Student's study habits and effort, for verifying important information, and for all decisions relating to test registration, test preparation, and college applications. Company is not an educational institution, tutor, counselor, or advisor, and does not supervise the Student.

## 4. AI Coach and Content Accuracy

The AI Coach and AI-generated explanations are automated and **may contain errors, inaccuracies, or outdated information,** and may not reflect the current format, scoring, or rules of any standardized test. The AI Coach is software, **not a human** teacher, tutor, counselor, or crisis service, and its communications are not confidential. Practice questions are original study material created by or for Company and are **not** actual, official, or previously administered test questions. AI outputs are not professional advice of any kind. Always verify important information independently. See Terms Sections 9 and 10 and the **AI Disclosure and Student Safety Policy.**

## 5. Release of Claims

5.1 **The release.** To the fullest extent permitted by applicable law, you (and, for a Student, the Parent on the Student's behalf, but only to the extent Section 5.3 permits) **release, waive, and discharge** the Company Parties (as defined in the Terms) from any and all claims, demands, damages, and liabilities arising out of or relating to: **(a)** any score, result, or outcome (or absence thereof); **(b)** reliance on any Content or AI output; or **(c)** the Student's use of, or inability to use, the Service. This release is subject to the limitations in **Terms Sections 12 and 13.**

5.2 **What this release does NOT cover.** This release does **not** apply to, cap, or waive:

**(i)** any claim that cannot be released under applicable law;
**(ii)** liability for gross negligence, fraud, or willful misconduct;
**(iii)** a minor Student's claim for personal injury; or
**(iv)** any statutory claim belonging to a minor Student that a parent lacks the power to release under the law of the Student's state of residence, including any claim under a state consumer-protection, privacy, or artificial-intelligence statute.

Each of the claims in (i) through (iv) is governed by applicable law and by Terms Sections 13.4 and 13.5 (carve-outs and blue-pencil severance).

5.3 **Limits on a parent's power to release a child's claim.** **This release is given by the Parent on the Parent's own behalf in all events, and on the Student's behalf only to the extent applicable law permits a parent or legal guardian to do so.** Where applicable law does not permit a parent to release the Student's claim, the release binds the Parent alone and the Student's claim is unaffected.

5.4 **Consumer rights that are not waived.** Nothing in this Disclaimer, the Terms, or any other document in the Brainrise legal pack waives, limits, releases, or is intended to waive, limit, or release **any right or remedy that applicable law does not permit to be waived, whether that right arises under a statute, a regulation, or the common law.** This includes, without limitation, rights under the **Texas Deceptive Trade Practices–Consumer Protection Act (Tex. Bus. & Com. Code § 17.41 et seq.)** and under the consumer-protection, privacy, artificial-intelligence, children's-online-safety, student-privacy, and advertising laws of any other state.

**We do not ask you to waive your rights under the Texas Deceptive Trade Practices–Consumer Protection Act or any similar law, and Section 5.1 does not do so.** To the extent Section 5.1 would otherwise be read to release such a claim, it does not apply to that claim, and the remainder of Section 5.1 stays in force.

This Section applies to the Parent and to the Student alike, whether or not the Student is a contracting party.

**This Section preserves claims; it does not choose a forum.** Nothing in this Section limits **Terms Section 16 (Binding Arbitration and Class-Action Waiver)**, under which a preserved claim is resolved by individual arbitration except as provided in Terms Sections 16.4 and 16.5.

## 6. No Affiliation with the College Board; Trademarks

**SAT® is a trademark registered by the College Board.** Company and Brainrise are **not affiliated with, authorized by, endorsed by, sponsored by, or connected to the College Board or any testing organization in any way.** References to "SAT" and to any test are for descriptive and identification purposes only, to indicate the exam for which the Service offers practice. All trademarks are the property of their respective owners. See the IP and DMCA Policy.

## 7. Acknowledgment

By using the Service, you acknowledge that you have read and understood this Disclaimer, that the Service is educational assistance only, that no results are guaranteed, and that you accept the terms of this Disclaimer as a condition of use.

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*This Disclaimer is part of the Brainrise legal pack and should be read together with the Terms of Service and the Parental Consent Form.*