Terms and Conditions and Privacy Policy
1. Acceptance

This website is provided by ESZ Venture Inc. (hereafter referred to as "Brainika"). By using this Software, downloading any Brainika education software (the "Software"), or clicking a box that states you agree to these terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("ToS"), which may be updated from time to time without notice to you. If you do not agree to the terms outlined in the ToS you may not use the website.

2. Personal Information

In the course of using the Software, you and other users may provide or post certain content or information which may be used by Brainika in connection with the Software.
You retain all ownership rights to your information. Brainika does not claim any ownership rights over your personal information.
Read our full Privacy Policy bellow.

3. Registration

As a condition to using the Software, you may be required to register and select a password and username or provide additional contact information (hereafter referred to as the "Registration Data").
You must provide Brainika with accurate, complete, and updated Registration Data. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission.
Brainika reserves the right to refuse registration of or cancel Registration Data at its discretion.
You shall be responsible for maintaining the confidentiality of your password and will not share it with anyone or let anyone else access your account. You may not transfer your account to anyone.
Upon completion of the Registration Data, you certify: that you are 18 years of age or older, if signing up for a parent or teacher account; to provide true, accurate, current, and complete information about yourself and any other users of the account as required by the Site's registration form to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

4. Membership and Subscription Fees

By starting your Brainika membership, you expressly agree that we are authorized to charge you the membership fee associated with membership (monthly or annual). The prices associated with each membership and other charges are subject to change without notice. Membership begins on the date it is purchased (the "Purchase Date") and will continue until canceled. Membership shall not be transferred or assigned to any other third-party nor shall a third-party be granted access to the Software or Site through the use of your Registration Data.
Monthly and Annual Memberships
We will bill the fee associated with your Membership at the then-current rate plus applicable taxes. To avoid billing of the next membership fee, you must cancel your membership before it renews.

5. Termination

Brainika, in its sole discretion, reserves the right to terminate your account or any part thereof if you fail to comply with the terms outlined in the ToS. Brainika may, in its sole discretion, terminate access to the Site or Software without notice. You agree that Brainika shall not be liable to you or any third party in the event of such termination of access to the Site or Software.

6. Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). We collect limited personal information (e.g. first name and gender) about minors on the site, but only where you, the minor's parent or legal guardian, has provided that information to us during the registration process. Such information is not shared with third parties and is only shared internally. A child's usage information, such as scores from games and assessments is only shared in an aggregated anonymous manner and never in a way that could personally identify the minor. We will never identify or compare a minor's score that personally identifies a minor. In the event that we learn that we have collected personal information from a minor without parental consent, we will delete that information as quickly as possible. If you believe that your child or a minor may have provided us personal information beyond what is requested when signing up for the Website, please contact us at service@brainika.co
If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must obtain advance written consent from all parents or guardians whose children under thirteen (13) will be accessing the Services. You are responsible for understanding how our Services may collect and use the information of users of the Services, including children. You must keep all consents on file and provide them to us if we request them. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school and/or district. If you are entering into this agreement on behalf of a school or school district, you will only grant access codes to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member's employment with you, you will require such individual to return and cease using all access codes they have in their possession. If at any time you learn a user of the Services claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify us immediately. For more information on COPPA, please see https://www.ftc.gov/tips-advice/business-center/privacy-and-security/children's-privacy.

7. Disclaimers of Warranties

The Site and Software are provided "as is", and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability and compatibility. No warranty is made that the service will be error-free, that errors will be corrected, that the Site or Software will be uninterrupted or secure, that the Site or Service will meet your expectations, or that the Site or the servers that make such content available shall be free of viruses or other harmful components. Any material obtained through the use of the Site or Software is done so at your own discretion and risk and Brainika shall not be responsible for any damage or loss of data that results from obtaining such material. No warranty is made regarding the use or results of use of the Site, Software, or any portion thereof. Any advice or information, whether oral or written, obtained by you from Brainika shall not create any warranty not expressly stated in the TOS.

8. Limitation of Liability

Brainika has provided the Site and Software "as is" and shall not be liable for any direct, indirect, incidental, special or consequential damages including but not limited to lost profits, personal injury, property damage, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from: (A) the use of or inability to use the service; (B) the conduct or actions, whether online or offline, of any user of the Site or Software; (C) unauthorized access to or alteration of your transmissions or data; or (D) any other matter relating to the Software or Site. In no event shall our total liability to you for all damages, losses, or any other claims related to the Software or Site whether in contract, tort or otherwise exceed the amount paid by you, if any, or $100, whichever is less.

9. Indemnity

You agree to indemnify and hold harmless Brainika, its affiliates, successors and assigns, distributors, agents, or other authorized users, and all those stockholders, directors, owners, employees, and agents from all third-party claims, demands, damages, losses, liabilities and costs, including reasonable attorneys' fees, through your use of the Site or Software, your connection to the Site or Software, any breach by you of the ToS arising out of your use of the Site or Software, or your violation of any rights of another.

10. Links and Advertising

The Site or Software may provide links to third-party websites or resources. Brainika has no control over the quality, suitability, availability, or legality of these external websites and resources, and as such makes no representation or warranty of any kind. You hereby waive any claim you may have against Brainika with respect to such sites. Brainika is not responsible for any third-party website or resources that are contained outside of the Site.

11. Severability

If any term or provision of the TOS is held to be void or unenforceable, that term or provision will be severed from the TOS, the balance of the TOS will survive, and the balance of the TOS will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this ToS.

12. Governing Law and Arbitration

The ToS shall be governed under the laws of the United States and you agree to submit to the jurisdiction of the Courts of the United States in respect of any matter relating to the ToS.

13. Modifications to Site and Software

Brainika reserves the right to modify or temporarily discontinue the Site and Software at any time and from time to time without notice to you. You agree that Brainika shall not be liable to you or any third party for any modification or temporary discontinuance of the Site or Software. Liability is limited to the paid membership fee, pro-rated to the time remaining on the membership fee, in the event of a permanent discontinuance of the Site or Software.

14. Use of Site and Software

The Site and Software are for your personal use only. You may not use our Software or Site for commercial use. You agree not to copy, reproduce, reverse-engineer, create derivative works, disassemble, adapt, or exploit in any other way the Site, Software, or any portion thereof. The Site and Software are owned entirely by ESZ Venture Inc. and no right or title is transferred to you.

15. Entire Agreement

This TOS constitutes the entire understanding and agreement between you and Brainika with respect to the subject matter of this TOS. There are no agreements, understandings, restrictions, representations, or warranties other than those in this TOS or referred to or provided for in this TOS.

16. FERPA

Certain information that may be provided to Brainika by School Personnel that is directly related to a student and maintained by an Institution, may be considered an education record ("Education Record") under the Family Educational Rights and Privacy Act ("FERPA"). Additionally, certain information, provided to Brainika by School Personnel about a student, such as a student’s name and grade level, may be considered directory information under FERPA ("Directory Information") and thus not an Education Record. A school may not generally disclose personally identifiable information from an eligible student's education records to a third party without the written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA ("FERPA Exemption(s)"), including the exemption for Directory Information ("Directory Information Exemption") or disclosure to school officials with a legitimate educational interest ("School Official Exemption").
As School Personnel or an Institution providing Directory Information or any Education Record to Brainika, you warrant, as applicable, that your Institution has: complied with the Directory Information Exemption, including, without limitation, informing parents and eligible students what information the Institution deems to be directory information and allowing parents and eligible students a reasonable amount of time to request that schools not disclose directory information about them; and/or complied with the School Official Exemption, including, without limitation, informing parents in their annual notification of FERPA rights that the Institution defines "school official" to include service providers and defines “legitimate educational interest”.
Brainika will never share Education Records with third parties except: as directed by a Brainika user (i.e., teacher sharing with another teacher or parent); or to our service providers that are necessary for us to provide the Software.
Education Records are never used or disclosed for third-party advertising or any kind of first- or third-party behaviorally-targeted advertising to students or parents. Additionally, information collected directly from a student using Brainika is never used or disclosed for third-party advertising, or any kind of first- or third-party behaviorally-targeted advertising to the student, and personal information collected from a student is never sold or rented to anyone. This section shall not be construed (i) to prohibit Brainika from marketing or advertising directly to parents so long as the marketing or advertising did not result from the use of Educational Records to provide behaviorally targeted advertising or (ii) to limit the ability of Brainika to use student information or Educational Records for adaptive learning or customized student learning purposes.
Brainika may use Education Records that have been de-identified for product development, research or other purposes ("De-Identified Data"). De-Identified Data will have all direct and indirect personal identifiers removed. Brainika agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.
Privacy Policy
Your privacy is important to us. It is ESZ Venture Inc./BRAINIKA's policy to respect your privacy and comply with any applicable law and regulation regarding any personal information we may collect about you, including across our website, and other sites we own and operate.
This policy is effective as of 9 September 2021 and was last updated on 9 September 2021.
Information We Collect
Information we collect includes both information you knowingly and actively provide us when using or participating in any of our services and promotions, and any information automatically sent by your devices in the course of accessing our products and services.
Log Data
When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your device’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, other details about your visit, and technical details that occur in conjunction with any errors you may encounter.
Please be aware that while this information may not be personally identifying by itself, it may be possible to combine it with other data to personally identify individual persons.
Personal Information
We may ask for personal information which may include one or more of the following:
Name
Email
Social media profiles
Phone/mobile number
Legitimate Reasons for Processing Your Personal Information
We only collect and use your personal information when we have a legitimate reason for doing so. In which instance, we only collect personal information that is reasonably necessary to provide our services to you.
Collection and Use of Information
We may collect personal information from you when you do any of the following on our website:
Sign up to receive updates from us via email or social media channels
Use a mobile device or web browser to access our content
Contact us via email, social media, or on any similar technologies
When you mention us on social media, we may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:
  • to enable you to customise or personalise your experience of our website
  • to contact and communicate with youfor analytics, market research, and business development, including to operate and improve our website, associated applications, and associated social media platforms
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
  • to enable you to access and use our website, associated applications, and associated social media platformsfor internal record keeping and administrative purposes
  • to comply with our legal obligations and resolve any disputes that we may havefor security and fraud prevention, and to ensure that our sites and apps are safe, secure, and used in line with our terms of use
Please be aware that we may combine information we collect about you with general information or research data we receive from other trusted sources.
Security of Your Personal Information
When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification.
Although we will do our best to protect the personal information you provide to us, we advise that no method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security. We will comply with laws applicable to us in respect of any data breach.
You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services.
How Long We Keep Your Personal Information
We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. If your personal information is no longer required, we will delete it or make it anonymous by removing all details that identify you.
However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.
Children’s Privacy
We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13. Read more about Children's Privacy in the Children’s Online Privacy Protection Act section of Brainika's Terms and Conditions.
Disclosure of Personal Information to Third Parties
We may disclose personal information to:
  • a parent, subsidiary, or affiliate of our company
  • third party service providers for the purpose of enabling them to provide their services, for example, IT service providers, data storage, hosting and server providers, advertisers, or analytics platforms
  • our employees, contractors, and/or related entities
  • our existing or potential agents or business partnerssponsors or promoters of any competition, sweepstakes, or promotion we run
  • courts, tribunals, regulatory authorities, and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise, or defend our legal rights
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you third parties to collect and process data
International Transfers of Personal Information
The personal information we collect is stored and/or processed where we or our partners, affiliates, and third-party providers maintain facilities. Please be aware that the locations to which we store, process, or transfer your personal information may not have the same data protection laws as the country in which you initially provided the information. If we transfer your personal information to third parties in other countries: (i) we will perform those transfers in accordance with the requirements of applicable law; and (ii) we will protect the transferred personal information in accordance with this privacy policy.
Your Rights and Controlling Your Personal Information
You always retain the right to withhold personal information from us, with the understanding that your experience of our website may be affected. We will not discriminate against you for exercising any of your rights over your personal information. If you do provide us with personal information you understand that we will collect, hold, use and disclose it in accordance with this privacy policy. You retain the right to request details of any personal information we hold about you.
If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time. We will provide you with the ability to unsubscribe from our email-database or opt out of communications. Please be aware we may need to request specific information from you to help us confirm your identity.
If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.
If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.
Use of Cookies
We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on the preferences you have specified.
Limits of Our Policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to This Policy
At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here at the same link by which you are accessing this privacy policy.
If required by law, we will get your permission or give you the opportunity to opt in to or opt-out of, as applicable, any new uses of your personal information.
Contact Us
For any questions or concerns regarding your privacy, you may contact us using the following details:
Alex Brain
service@brainika.co