1. Introduction
Welcome to BrainBrawl. These Terms of Service ("Terms") govern your access to and use of the BrainBrawl web application and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.
BrainBrawl is operated by Paul Jordan, a sole trader based in the United Kingdom.
BrainBrawl is an educational platform designed for OCR A Level Computer Science assessment. The Service is intended for use by teachers and students within educational institutions in the United Kingdom.
2. Definitions
- "User" means any person who accesses or uses the Service
- "Teacher" means a User with a teacher account who manages classes and students
- "Student" means a User with a student account associated with a class
- "Content" means all questions, answers, and educational materials available through the Service
- "User Data" means information generated through use of the Service, including game results and performance metrics
3. Account Registration and Security
3.1 Account Creation
Teacher accounts are created through our registration process. Student accounts are created by Teachers within their classes. You must provide accurate and complete information when creating an account.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.
3.3 Teacher Responsibilities
Teachers are responsible for the appropriate use of the Service within their classes, including ensuring that student accounts are used appropriately and in accordance with their institution's policies. Teachers acknowledge that their institution remains responsible for ensuring appropriate lawful bases exist for processing student data through the Service.
4. Acceptable Use
You agree to use the Service only for lawful educational purposes. You must not:
- Attempt to gain unauthorised access to the Service or other users' accounts
- Use automated tools or bots to interact with the Service (except as expressly permitted)
- Interfere with or disrupt the Service or servers
- Attempt to cheat, exploit bugs, or manipulate game mechanics for unfair advantage
- Share account credentials with others
- Use the Service for any commercial purpose without our written consent
- Copy, modify, or distribute the Content without authorisation
- Engage in any activity that violates applicable laws or regulations
- Harass, bully, or behave inappropriately towards other users
5. Intellectual Property
5.1 Our Content
The Service, including all Content, features, and functionality, is owned by BrainBrawl and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our Content without our express written permission.
5.2 Educational Use Licence
We grant you a limited, non-exclusive, non-transferable licence to access and use the Service for educational purposes within your institution, subject to these Terms.
5.3 User Data
You retain ownership of your User Data. By using the Service, you grant us a licence to use, store, and process your User Data to provide and improve the Service.
Where an educational institution uses the Service, it instructs us, as its data processor, to produce pseudonymous statistics about how the Service is used, in order to operate and improve it. These statistics are produced with PostHog (hosted in the EU) as described in section 5.4 of our Privacy Policy: they contain no names, contact details or student work, are never used for advertising or to make decisions about individual students, and any user can turn them off.
6. Service Availability
We strive to provide a reliable service, but we do not guarantee that the Service will be available at all times or free from errors. We may suspend or discontinue the Service or any features at any time without notice. We will make reasonable efforts to notify users of significant changes or planned maintenance.
7. Privacy
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in our Privacy Policy.
8. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that the Service will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy or completeness of the Content
While our Content is designed to align with the OCR A Level Computer Science specification, we do not guarantee that using the Service will result in any particular examination outcomes. The Service is a supplementary educational tool and should be used alongside other teaching and learning resources.
9. Limitation of Liability
To the maximum extent permitted by law, BrainBrawl shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your access to or use of (or inability to access or use) the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorised access, use, or alteration of your transmissions or content
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
10. Indemnification
You agree to indemnify and hold harmless BrainBrawl and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service or violation of these Terms.
11. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. Teachers may request deletion of their accounts and associated class data by contacting us.
12. Changes to These Terms
We may modify these Terms at any time. We will notify users of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after any changes constitutes acceptance of the new Terms.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and BrainBrawl regarding your use of the Service and supersede all prior agreements and understandings.
16. Contact Us
If you have questions about these Terms of Service, please contact us:
Email: [email protected]