Terms of service

Who these terms are between

These terms are an agreement between you and Philip Sargeson trading as BrainBase (ABN 66 741 398 543), operating BrainBase from Brisbane, Queensland. By creating an account or using BrainBase you agree to them. If you are setting up BrainBase for a child, you confirm you are that child’s parent or guardian, or an educator authorised to act for them.

Accounts and responsibility

• An adult creates and manages every student profile. Children do not create their own accounts.
• Whoever holds the admin credentials is responsible for keeping them secure and for activity under them.
• You are responsible for the accuracy of what you enter, including year level and adjustment settings, because these directly affect the content a child receives.
• Tell us promptly if you believe an account has been accessed without authorisation.

What BrainBase is not

BrainBase is a study support tool. It is not a replacement for teaching or a teacher’s professional judgement, it is not a diagnostic tool and does not identify or assess disability or learning difficulty, and it is not a substitute for a formal NCCD determination.

The adjustment evidence log

The evidence log records adjustments delivered within the application, and lets adults add entries for adjustments made elsewhere. It is intended as supporting documentation only, to sit alongside a school’s own evidence and professional judgement.

It does not constitute a complete NCCD evidence record and must not be relied upon as one. Determining whether a student meets NCCD criteria, deciding the level of adjustment, and maintaining sufficient evidence remain entirely the responsibility of the school and its qualified staff. We give no assurance that the log will satisfy any particular audit, review or funding requirement.

The AI tutor

• Replies are AI-generated and may be inaccurate. They are not authoritative.
• Every message is checked before it reaches the tutor, and every reply before it reaches the child. These checks reduce risk, they do not eliminate it. Adult supervision remains necessary.
• All conversations are stored and reviewable by the adult holding the admin credentials. Children should be told this.
• Tutor use can be limited per child or switched off entirely. With it off, no personal information about that child is sent outside Australia.
• Messages sent to the tutor are processed by Anthropic in the United States, as described in our Privacy Policy.

Curriculum content

BrainBase is aligned to the Australian Curriculum Version 9. Learning content is authored with AI assistance and reviewed before publication, but errors are possible. We encourage a parent or teacher to spot-check content and to tell us about anything that looks wrong.

Acceptable use

You must not use BrainBase unlawfully, attempt unauthorised access to any part of the system, attempt to access another user’s data, use automated means beyond normal use, or deliberately attempt to make the AI tutor produce harmful content.

Availability

BrainBase is provided on an as-available basis. We do not guarantee uninterrupted service and may perform maintenance, change features or suspend the service where necessary. During early access we give no uptime commitment.

Fees

BrainBase is currently free during early access and no payment details are collected. If we introduce fees we will give existing account holders at least one month’s notice before any charge applies, and you will be able to export your data or close your account without cost.

Ending your use

You may stop using BrainBase at any time and request deletion of your data through the app or by contacting us. We may suspend or end access where these terms are breached or where necessary to protect other users. Where we do, we will tell you why unless prevented by law, and give you a reasonable opportunity to export your data.

Our liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. If such a guarantee applies and cannot be excluded, our liability is limited, at our option, to supplying the service again or paying the cost of having it supplied again.

Subject to that, and to the extent permitted by law, we are not liable for indirect or consequential loss, nor for any decision made in reliance on the evidence log or on content generated by the AI tutor. Our total liability is limited to the amount you have paid us in the twelve months before the claim, which during early access is nil.

Changes to these terms

We may update these terms. Where a change is significant we will notify account holders directly. Continuing to use BrainBase after a change takes effect means you accept it.

Governing law

These terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State.