(“Pick My Brain”)

Last Updated: October 8, 2022

Welcome to the Pick My Brain terms of use (the “Terms of Use”).

Pick My Brain is an online knowledge marketplace that allows Users to connect with Brains in order to obtain Services in their areas of interest (the “Platform”). Users may view a Brain’s profile, which displays the Brain’s background, credentials and Services offered. Users may then select Brains and connect with them based on the types of Services offered.

By accessing and using the Platform, you agree to be bound by these Terms of Use and the Pick My Brain Privacy Policy (collectively, the “Terms”). If you do not agree with the Terms, do not access or use the Platform.

We may update the Terms at any time in our sole discretion, without notification to you. Any changes will take effect once we post the revised Terms on the Platform. It is your responsibility to review the Terms periodically for changes. Your continued use of the Platform after any such changes constitutes your acceptance of the revised Terms.

1. Definitions

“Brain(s)” means an individual registered with Pick My Brain to offer Services to Users.

“Fee(s)” means the monetary amount charged by the Brain for the provision of Services and payable by the User, including the amount to be remitted to Pick My Brain for facilitating the transaction.

“Service Agreement” means the agreement formed between the User and the Brain when Services are scheduled.

“Services” means the services being offered and provided by Brains to Users.

“Third-Party Accounts” means accounts registered with other third-party providers, including, but not limited to, social networking Platforms such as LinkedIn, Facebook and Twitter.

“User(s)” means the individual accessing the Platform, and includes an individual who has registered an account with Pick My Brain in order to obtain Services.

2. Platform Users

(a) Registration. In order to access the Services, you must be a registered User with Pick My Brain. To register as a User, you must provide Pick My Brain with specified personal information as requested at the time of registration. You agree to provide complete and accurate information to Pick My Brain during the registration process and to update Pick My Brain of any changes to the information provided. Pick My Brain has the right to terminate your registration and you will no longer be able to use the Platform and the Services if you do not provide complete and accurate information during the registration process.

(b) Service Agreements. As a User you are responsible for honouring any scheduled appointments for Services made between yourself and a Brain through the Platform. If you choose to schedule Services with a Brain, you are entering into a Service Agreement with the Brain. Any obligations that arise through the Service Agreement are your sole responsibility. Pick My Brain is not a party to the Service Agreement and will not be liable for any related obligations.

3. Services and Payment

(a) General. Users can connect with Brains through the Platform to schedule and receive Services. Such Services may include, without limitation, phone calls, in-person meetings, and virtual meetings. Brains decide which Services they wish to offer and set their own pricing rates and payment structures (e.g., one-time payment, monthly contracts, etc.). The price per Service set by the Brain will be visible on the Brain’s profile and will be locked in for your Services once they are scheduled.

(b) Payment of Fees. Users are charged the Fees immediately upon scheduling the Services through the Platform. Pick My Brain receives a portion of the Fees payable and the remaining amount is remitted to the Brain. At the discretion of Pick My Brain, the remission of the portion of the Fee payable to the Brain may be transmitted through a third-party.

In order to pay the Fee, you will be asked to provide personal information, such as your full name, billing address and credit card information. This information may be requested by Pick My Brain or a third-party payment processing service chosen at the discretion of Pick My Brain. You agree to pay the Fee owed to Pick My Brain for the Services provided in accordance with these Terms. If you pay the Fee through a third-party payment service, you must abide by the terms and conditions set out by that provider.

You further agree that Pick My Brain, or a third-party payment processing service chosen at the discretion of Pick My Brain, has the right to pre-authorize your credit card for a nominal amount in order to verify the card.

4. Cancellations

Brains may, in their sole discretion, adopt any of the following three (3) User cancellation policies for their scheduled Services (each, a “Cancellation Policy”). Brains may switch between the Cancellation Policies in their sole discretion and at any time. Brains are not limited to any single Cancellation Policy regardless if the Brain used such policy with a particular User in the past.

(a) Cancellation Anytime. Users may cancel their scheduled Services at any time.

(b) 48-Hours Cancellation. Users must cancel their scheduled Services at least 48 hours prior to the booking. For example, if the booking is for 10 am on a Friday, the cancellation must be submitted by 10 am on Wednesday of that same week.

(c) No Cancellation. Users cannot cancel any scheduled Services.

To cancel any scheduled Services under the Cancellation Policies in (a) and (b) above, the User must use the cancellation button on the Platform. The User’s ability to cancel any scheduled Services will vary depending on the type of Cancellation Policy used by the Brain at any point in time.

5. Refunds

Pick My Brain may, in our sole discretion, issue refunds for cancelled Service bookings.

6. Recording Calls

Brains will have the option to record calls with Users through the Platform, provided that: (i) the User gives prior express consent to the recording, after having been made aware of the purposes for which the recording would be used, and by whom it would be accessed, used and stored; and (ii) such recording is reasonable in the circumstances. The Platform may utilize audio and visual cues to alert Users prior to a recording. This may be in the form of a pop-up window giving Users the opportunity to accept a recording of a call through the Platform.

In the event that Brains record and store calls through a different medium apart from the Platform (e.g., through their own personal devices), then Pick My Brain will have no responsibility or control over such recordings.

For more detail on how we treat your personal data, please refer to the Pick My Brain Privacy Policy at https://www.pickmybrain.world/privacy-policy. The Privacy Policy forms a part of these Terms of Use and is incorporated herein by reference.

7. Misuse

You are responsible for compliance with the Terms. You are also responsible for compliance with any applicable laws or other requirements set out for your use of this Platform or the Services. Any contravention of the foregoing will be considered misuse and you will be solely responsible for any loss or injury suffered as a result of the breach.

In addition to the breaches constituting misuse as described above, you agree not to engage in the following actions, or encourage a third party to engage in the following actions, which are also considered to be misuse: