1. Acceptance of these terms
By using this website or any BrainMo app or service, you agree to these Terms of Use. If you do
not agree, you should not use the website, app or service.
BrainMo may be used in different ways:
-
Individual use: where a teacher, parent, carer or other adult user signs up directly and not
under a school-approved agreement.
-
School-authorised use: where a school, trust, local authority or other education organisation
has approved the use of BrainMo and/or has entered into a written agreement with BrainMo.
If you use BrainMo on behalf of a school, trust, local authority or other organisation, you
confirm that you have authority to do so and that you will use BrainMo in accordance with your
organisation’s policies, instructions and any applicable agreement with BrainMo. Using a
school email address does not, by itself, mean that your school has approved BrainMo or entered
into an agreement with us.
2. Educational use and content
For the purposes of these terms, "content" means material including text, video,
graphics, lesson materials, audio, images, software and other material published on this website
or in our apps, whether owned by BrainMo.com or a third party.
All content is the copyright of BrainMo.com or its licensors unless otherwise stated. You may
view and use the content for lawful, non-commercial, personal or educational purposes. You may
not copy, reproduce, republish, download, post, broadcast, transmit, adapt, alter or create a
derivative work from the content except as reasonably needed for lawful personal or educational
use. Any other use requires prior written permission from BrainMo.com.
Some pictures or other content used on this website may be based on a
Creative Commons 2.0 licence
or another stated licence.
3. Individual teacher and staff use
If you are a teacher or member of school staff using BrainMo without your school, trust, local
authority or other education organisation entering into an agreement with us, you are responsible
for ensuring that your use complies with your employer's policies and any professional,
confidentiality, safeguarding and data protection obligations that apply to you.
BrainMo does not know whether your school, trust, local authority or other education organisation
has approved your individual use.
If you choose to upload, enter or generate content containing identifiable pupil personal data or
confidential school information, including pupil names, photographs, audio or video of pupils,
contact details, behavioural records, safeguarding information, special educational needs
information, health information, assessment records or other information that could identify a
pupil directly or indirectly, you are responsible for ensuring that you are permitted to do so,
that an appropriate lawful basis and any required additional conditions or safeguards are in
place, and that your use is consistent with your school's policies and professional duties.
BrainMo recognises that users may provide sensitive classroom context to receive useful support.
We use appropriate technical and organisational measures designed to protect information submitted
to BrainMo against unauthorised access, loss, misuse or disclosure, restrict access to people and
service providers who need it to operate, secure, support or improve the service, and do not sell
personal data or use pupil personal data for third-party advertising.
For individual use, we recommend using anonymised, fictional or non-identifying examples wherever
possible, and providing only the information that is necessary for the feature, support or
educational purpose you are using.
4. User and school content
You retain ownership of content you upload or provide to BrainMo, including teaching materials
and school materials. You grant BrainMo a limited licence to host, process, display and use that
content only as needed to provide, secure, support and improve BrainMo in accordance with these
terms, our Privacy Policy and any applicable school agreement or data processing agreement.
You must not upload content that is unlawful, harmful, discriminatory, defamatory, obscene,
infringing, or otherwise inappropriate for an education setting. If you choose to upload special
category personal data, safeguarding records, medical information or highly sensitive pupil
information, you are responsible for ensuring that you have authority to do so, that the
information is relevant and limited to what is necessary, and that appropriate safeguards are in
place.
If we reasonably believe that content has been uploaded in breach of these terms, or that content
creates a security, safeguarding, legal or data protection risk, we may restrict access to it,
delete it, suspend relevant features or contact you for further information.
5. Lawful and acceptable use
You agree to use this website and our apps only for lawful purposes and in a way that does not
infringe the rights of, restrict or inhibit anyone else's use and enjoyment of BrainMo.
You must not attempt to interfere with the security or operation of BrainMo, access data you are
not authorised to access, misuse another person's account, reverse engineer the service except
where permitted by law, or use BrainMo to create or distribute harmful code or unlawful content.
6. AI-generated content and professional judgement
BrainMo may use artificial intelligence features to help generate, organise, summarise or suggest
educational content. AI-generated content may be incomplete, inaccurate or unsuitable for a
particular pupil, class or context. Teachers and authorised school staff remain responsible for
reviewing outputs before using them with pupils, parents, carers, colleagues or school leaders.
BrainMo is a support tool and does not replace teacher judgement, safeguarding procedures, school
policies, legal advice, medical advice, financial advice or professional assessment.
7. School data processing terms
This section applies only where BrainMo processes personal data on behalf of a school, trust,
local authority or other education organisation under a school-authorised account, written
agreement or other documented instructions from that organisation.
Where BrainMo processes pupil personal data, staff personal data or parent/carer personal data on
behalf of a school, trust, local authority or other education organisation, BrainMo will act as a
processor and the organisation will normally act as controller, unless a separate written
agreement says otherwise.
For school-controlled personal data, BrainMo will:
- process personal data only on documented instructions from the school or as required by law;
-
ensure that people authorised to process personal data are subject to appropriate
confidentiality obligations;
- use appropriate technical and organisational measures to protect personal data;
-
not appoint a sub-processor without appropriate contractual protections and, where required,
notice to the school;
-
assist the school, taking into account the nature of processing, with data subject rights
requests, security obligations, breach notifications, data protection impact assessments and
prior consultation where applicable;
-
notify the school without undue delay after becoming aware of a personal data breach affecting
school-controlled personal data;
-
delete or return school-controlled personal data at the end of the service, unless the law
requires us to keep it; and
-
make available information reasonably necessary to demonstrate compliance with these processor
obligations, subject to confidentiality and reasonable security requirements.
Before a school permits live pupil personal data to be uploaded to BrainMo as part of a
school-authorised deployment, the school and BrainMo should ensure that appropriate data
processing terms are in place between BrainMo and the school, trust, local authority or other
relevant controller.
8. Links to external sites
This website and our apps may direct you to external websites or third-party services. We are not
responsible for the content, privacy practices or terms of those third-party websites or services.
You should review the relevant third-party terms and privacy notices before using them.
9. Payments, subscriptions and refunds
Where paid subscriptions are offered, subscription purchases may auto-renew unless auto-renew is
turned off before the end of the current subscription period. Payment, cancellation and refund
rules may vary depending on whether you purchased through an app store, our website or a school
agreement. Nothing in these terms affects any statutory rights that cannot be excluded by law.
10. Limitation of liability
BrainMo will use reasonable care and skill in providing the website, apps and services. To the
maximum extent permitted by law, we are not liable for indirect or consequential loss, loss of
profit, loss of business, loss of goodwill or loss of data arising from use of BrainMo.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited,
including liability for death or personal injury caused by negligence, fraud or fraudulent
misrepresentation, or liability under applicable data protection law.
11. Indemnity
To the extent permitted by law, you agree to indemnify BrainMo against third-party claims, losses
and reasonable costs arising directly from:
-
content you upload, submit, share or generate through BrainMo that infringes another person's
rights, breaches confidentiality obligations, or is unlawful;
- your unlawful use of BrainMo;
- your material breach of these terms; or
-
your use of BrainMo on behalf of a school, trust, local authority, company or other
organisation without the authority required to do so.
This indemnity applies to individual users and organisational users, but only to the extent it is
fair and lawful to apply it. It does not apply to the extent a claim is caused by BrainMo's
breach of these terms, negligence, wilful misconduct, breach of applicable data protection law,
or failure to follow documented instructions in relation to school-controlled personal data.
12. Changes to these Terms of Use
We may update these Terms of Use from time to time. We will post the updated terms on this page
and update the "Last updated" date. For material changes that significantly affect existing users,
school customers or the way BrainMo may use personal data, we will provide reasonable notice, such
as by email, in-app notice or notice to the school account administrator, unless the change is
urgent for legal, security or operational reasons.
If you continue to use BrainMo after the updated terms take effect, you will be deemed to have
accepted the updated terms.