Terms Of Service

SERVICE TERM
The “agreed start date” is the date from which you will be billed. Gemm will make every attempt to ensure that the first session is on or before the start date. In the event that you have not received our software before the start date above, we will adjust your Agreed Start Date.

Use It Or Lose It Policy
Gemm’s pricing builds in downtime to compensate for inevitable interruptions such as sickness, vacations, technical issues, etc. Gemm charges for unlimited daily use of its programs, regardless of actual client use, i.e., it’s a use it or lose it policy. Gemm’s goal is to encourage active use, maintaining a five days a week protocol, which is closely correlated to better outcomes. No credits are provided for breaks for any reason, including but not limited to interruptions in use due to sickness, vacation, computer malfunction or other tech issues.

TECH SUPPORT
Clients are encouraged to use www.mygemm.com for resources and tech help. If you need help during an install we will provide it at no charge. If you need to transfer to another computer, we will assist there also. Any assistance required for additional transfers will be charged at $100 per occurrence.

CANCELLATION POLICIES
No activity is permitted on our software after a client has ended service. Any activity will result in the client being charged at the monthly rate.

For Monthly Clients — Billing and Cancellation Rules
After the first, partial month, clients will be billed a calendar month in advance, on or around the first of each calendar month. Credit cards and direct bank payments or transfers will be charged at that time. Unless we are informed in writing (email, letter or fax) seven days before the beginning of the upcoming calendar month, Gemm will assume your child is continuing and will charge you for that month as per usual.

For Prepayment Clients
Gemm assumes that service for prepay clients will end on the Prepaid End Date. Clients who require services beyond the prepaid period are able to convert to monthly service. They will then be subject to the terms of monthly payers as outlined in this agreement. If a client uses the program after the end date Gemm will charge that client at our monthly rate and will be treated as a monthly payer from then forward.
Prepaid plans can be terminated early. However, service delivered to date will be recalculated using month-to-month rates. Cancellation will take effect at the end of the calendar month in which notice to terminate is given. The remaining balance is refundable.

For Installment Plans
Installment plans require payment to continue after service ends, until the full amount is paid off. If for any reason Gemm is unable to collect payment on time (due to credit card or other problems) Gemm has the right to charge interest of 10% per annum on the unpaid balance that will be added to the last payment due. If Client fails to make valid credit or debit cards available for two consecutive months, then Gemm can then demand immediate payment of the entire remaining unpaid balance. Also see Collections Policy below re overdue balances.

Starting Test Drive Period (All Clients)
To make sure the program is a good fit for clients and for Gemm, all clients have 14 calendar days from the Start Date to cancel the service for a full refund except for a $125 processing charge. Cancellation must be in writing. No activity is permitted on our software after this test drive cancellation option is exercised. Any activity will result in the client being charged at the monthly rate.

OUR GUARANTEE
After four complete months of service where the student has met our minimum required compliance – being 85% (4.25 days a week) or better attendance – Gemm Learning fully expects the student to experience observable or measurable changes. If the client does not feel there have been any changes (as per observations made to Gemm staff verbally or by email or as measured by at least four points of gains in pre and post behavioral rating surveys) or if our periodic RPI does not detect any changes, Gemm Learning agrees to provide and manage an alternative Gemm program from its library of options free of charge for that student for a maximum period of three months. In most cases this program will be BrainWare Safari (BWS), but where BWS was done first, then Gemm would provide a Fast ForWord program.

To qualify for the Guarantee client must complete a Behavioral Rating survey (or Parent Observations) within in the first two weeks of service, then again at the four month mark. To exercise the guarantee, the client must express intention to exercise this option by communicating with Gemm Learning in writing (email is fine) in the two weeks prior to the 4th anniversary of the Agreed Start Date so that Gemm can arrange for an RPI and Behavioral Survey. In any event, if no intention to exercise is communicated to Gemm, the Guarantee expires automatically on the 4th month anniversary date.

OTHER TERMS

Client may not use our software until Gemm has received payment. Client agrees to notify Gemm Learning of any change in my billing information.

Gemm City
Students are awarded points monthly based on their efforts. These points can be used to purchase items on Gemm City only and are only available while clients are active with Gemm Learning and in good standing. Once service ends at Gemm Learning the client has 30 days to use remaining points in the Gemm City Account. 30 days after the end of service with Gemm Learning, all remaining points in the client/student account at Gemm City will be reclaimed by Gemm Learning.

Collections Policy
We are reluctant always to curtail service in the case that an account falls behind in payment, be it an installment plan, prepaid or monthly client. However, we reserve the right to do so if an account is not paid. In the event that an account falls more than 90 days past due, Gemm Learning reserves the right to retain a collections firm. Client understands that he/she will be required to pay the Gemm Learning’s collections fee which is typically 30-40% of the amount owed, in addition to the amount owed.

PRIVACY POLICY
Gemm is dedicated to preserving the privacy of personal information. We only ask you to provide information that we need in order to best deliver our programs and services or information you have requested. We do not share, trade or sell personal information. Details regarding student’s health, educational and/or personal history will be kept in the strictest confidence, except that on occasion we would like your permission to share details as noted below.

PROGRAM OUTCOMES
Gemm programs have a track record of making a positive neurological difference if protocols are properly followed. However, Gemm does not claim equally successful outcomes with every child. The service we offer is an educational tool, not a medical intervention. Gemm will provide its programs and services using reasonable care from coaches and center personnel. Gemm reserves the right to correct any errors or omissions in its published material. Gemm also reserves the right to make changes in its program as long as it offers substantially the same services as agreed to.

BY CLICKING ON THE SOFTWARE DOWNLOAD LINK I am agreeing to the terms and conditions above. This includes giving Gemm Learning permission to charge my credit card or as otherwise agreed.