1. Eligibility
You must be at least 13 years old to create a Brainza account. If you are under 18, a parent or legal guardian must read and agree to these Terms on your behalf and accepts responsibility for your use of the platform.
By creating an account you represent and warrant that (a) you are at least 13 years of age, (b) you have the legal capacity to enter into a binding agreement, and (c) your use of the platform will comply with these Terms and all applicable laws.
2. Accounts & Registration
You must register for an account to access most Brainza features. You agree to provide accurate, current, and complete information during registration and to update it as needed. Authentication is managed by our identity provider, Clerk; you may sign in with Google, Apple, or email.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at support@brainza.ca if you suspect unauthorised access.
We reserve the right to suspend or terminate accounts that are inactive for more than 12 consecutive months, after providing reasonable notice.
3. Use of the Platform
Brainza grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the platform for its intended educational purposes. You agree not to:
- Use the platform for any unlawful, abusive, or fraudulent purpose.
- Attempt to gain unauthorised access to any part of the platform or another user's account.
- Scrape, harvest, or systematically collect data from the platform without written permission.
- Reverse-engineer, decompile, or disassemble any part of the platform.
- Transmit any viruses, malware, or other harmful code.
- Harass, threaten, or discriminate against other users.
- Circumvent the platform to arrange paid sessions outside of Brainza with a tutor you first contacted through the platform, within 12 months of that first contact.
4. Sessions & Bookings
Scheduling
Sessions are booked through the platform and confirmed by both parties. Brainza sends confirmation and reminder emails at the time of booking.
Cancellation & Rescheduling
Cancellations must be made at least 24 hours before the scheduled start time to avoid a late-cancellation charge. Cancellations with less than 24 hours' notice may be charged at the full session rate at the tutor's discretion.
Tutors who repeatedly cancel or fail to attend scheduled sessions may have their accounts suspended.
No-shows
If a student does not join a session within 15 minutes of the scheduled start time without prior notice, the session may be marked as a no-show and charged in full.
5. Payments & Invoices
Invoicing
Brainza administrators generate invoices through Stripe on behalf of tutors. Invoices are sent to students by email and are payable within the period stated on the invoice.
Late Payments
Outstanding invoices may attract a late-payment fee as stated on the invoice. Brainza reserves the right to suspend access to the platform until outstanding balances are settled.
Refunds
Refund requests must be submitted within 7 days of a session by emailing support@brainza.ca. Refunds are granted at Brainza's discretion and are not available for sessions that were attended in full or cancelled with less than 24 hours' notice.
Pricing Changes
Tutor hourly rates shown on the platform are set by individual tutors and may change. Any rate change will be communicated before a new booking is confirmed at the updated rate.
6. Tutor Obligations
By registering as a tutor you agree to:
- Provide accurate information about your qualifications, experience, and subject expertise.
- Maintain punctuality and professional conduct in all sessions.
- Safeguard student welfare — if a student is under 18, you must not conduct sessions without appropriate parental consent being in place.
- Not solicit students to pay outside the Brainza platform.
- Comply with all applicable laws, including any mandatory background-check or safeguarding requirements in your jurisdiction.
Brainza is a platform intermediary and does not employ tutors. Tutors are independent contractors and are solely responsible for their own tax obligations.
7. Student Obligations
By registering as a student (or by a parent/guardian on your behalf) you agree to:
- Treat tutors with respect and professionalism.
- Attend booked sessions on time or provide adequate notice of cancellation.
- Pay invoices by their due date.
- Not record sessions without the tutor's explicit consent.
- Use learning materials shared by tutors solely for personal study.
8. User Content
You retain ownership of any content you submit to the platform (chat messages, files, notes). By uploading content you grant Brainza a limited, non-exclusive licence to store and display that content solely to operate the platform and provide the service to you.
You are responsible for ensuring you have the rights to any content you upload. You must not upload content that is illegal, infringing, offensive, or harmful. We reserve the right to remove any content that violates these Terms.
9. Intellectual Property
The Brainza platform, its design, software, trademarks, and branding are the exclusive property of Brainza Inc. and are protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use Brainza's name, logos, or trademarks without prior written consent.
10. Privacy
Your use of the platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By accepting these Terms you also accept the Privacy Policy.
11. Termination
Either party may terminate the relationship at any time. You may close your account by contacting us at support@brainza.ca. We may suspend or terminate your account immediately and without notice if we believe you have violated these Terms, engaged in fraudulent activity, or posed a risk to other users.
On termination all licences granted to you cease. Clauses that by their nature should survive termination (including payment obligations, intellectual property, disclaimers, and limitation of liability) will remain in effect.
12. Disclaimers
Brainza does not guarantee any particular educational outcome from the use of the platform or from sessions with any tutor. Tutors are independent contractors; Brainza is not liable for the content, quality, or conduct of any tutoring session.
13. Limitation of Liability
In no event will Brainza be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages, so some of the above limitations may not apply to you.
14. Governing Law
These Terms are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the courts of Ontario, and you consent to the personal jurisdiction of those courts.
15. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top. For material changes we will notify you by email or a prominent in-platform notice at least 14 days before the change takes effect.
Your continued use of the platform after changes take effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the platform and may close your account.
16. Contact Us
For questions, concerns, or notices regarding these Terms:
Brainza Inc.Legal Enquiries
support@brainza.ca