Last Updated: 09 May 2026
Governed by the Laws of the Republic of Zambia
IMPORTANT LEGAL NOTICE: These Terms of Service constitute a legally binding agreement between you and Brain Box. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with any provision herein, you must not use the Platform.
1.1.1 In these Terms of Service (the "Terms"), unless the context otherwise requires:
"Administrator" or "Admin" means an authorized representative of a Partner School/Partner who manages student accounts, subscriptions, and educational services on the Platform.
"Agreement" means these Terms of Service, together with the Privacy Policy and any other supplemental terms or policies incorporated by reference.
"Company", "We", "Us", or "Our" refers to Brain Box, the online educational platform and tuition centre operating under the laws of the Republic of Zambia.
"Content" means all educational materials, text, graphics, images, videos, audio, software, data compilations, and other materials available on or through the Platform.
"Effective Date" means the date on which you first access or use the Platform or create an account, whichever occurs first.
"Intellectual Property Rights" means all patents, trademarks, service marks, trade names, copyrights, database rights, design rights, know-how, trade secrets, and other intellectual property rights, whether registered or unregistered.
"Partner" or "Partner School/Partner" means educational institutions that have entered into partnership agreements with the Company to provide educational services through the Platform.
"Personal Data" has the meaning ascribed to it in the Privacy Policy.
"Platform" or "Service" refers to the Brain Box online educational platform, including all associated websites, applications, mobile applications, and services, accessible at all related domains and subdomains.
"Student", "User", "You", or "Your" refers to any individual who accesses or uses the Platform, whether as a registered user or visitor.
"Subscription" means a paid or free tier of access to the Platform's educational services, as more particularly described in Section 6.
"User Content" means any content, data, or materials submitted, uploaded, or transmitted by you through the Platform.
2.1 By accessing, browsing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.
2.2 These Terms constitute a legally binding contract between you and the Company. Your use of the Platform constitutes acceptance of these Terms.
2.3 If you are using the Platform on behalf of an organization, institution, or Partner School/Partner, you represent and warrant that you have the authority to bind such entity to these Terms.
2.4 If you do not agree with any provision of these Terms, you must immediately cease all use of the Platform and may not create an account or access any services.
3.1.1 You must be at least eighteen (18) years of age to register for an account and use the Platform independently.
3.1.2 Individuals under the age of 18 may only use the Platform:
3.1.3 By registering for an account, you represent and warrant that:
3.2.1 To access certain features of the Platform, you must register for an account by providing:
3.2.2 You agree to provide accurate and complete information and to update such information to maintain its accuracy.
3.2.3 Providing false, misleading, or incomplete information constitutes a material breach of these Terms and may result in immediate account termination.
3.3.1 We reserve the right to verify your identity and eligibility at any time by requesting additional documentation or information.
3.3.2 Failure to provide requested verification within a reasonable timeframe may result in account suspension or termination.
4.1.1 You are solely responsible for maintaining the confidentiality of your account credentials, including your password.
4.1.2 You must:
4.1.3 You acknowledge and agree that you are solely liable for all activities conducted through your account, whether authorized by you or not.
4.1.4 We shall not be liable for any loss or damage arising from unauthorized use of your account due to your failure to maintain account security.
4.2.1 You agree to:
4.3.1 You shall not:
5.1.1 The Company provides an online educational platform offering:
5.2.1 We strive to maintain continuous availability of the Platform, but we do not guarantee uninterrupted or error-free service.
5.2.2 The Platform may be temporarily unavailable due to:
5.2.3 We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice.
5.3.1 We reserve the right to:
5.3.2 Material changes to services for which you have an active paid subscription will be communicated in advance where reasonably practicable.
6.1.1 The Platform offers the following subscription tiers:
6.2.1 Subscription prices are quoted in Zambian Kwacha (ZMW) and may be displayed in other currencies for reference purposes only.
6.2.2 All prices are inclusive of applicable taxes unless otherwise stated.
6.2.3 Payment must be made in full at the commencement of the subscription period unless alternative arrangements have been agreed in writing.
6.2.4 We reserve the right to modify subscription prices at any time. Price changes will not affect active subscriptions until renewal.
6.2.5 Partner Schools/Partners may negotiate custom pricing arrangements subject to separate written agreements.
6.3.1 We accept payment through approved third-party payment processors.
6.3.2 By providing payment information, you represent and warrant that:
6.3.3 You authorize us to charge the provided payment method for all fees due under your subscription.
6.4.1 Subscriptions may be set to automatically renew at the end of each subscription period unless cancelled prior to renewal.
6.4.2 Renewal charges will be applied at the then-current subscription rate.
6.4.3 We will make reasonable efforts to notify you of upcoming renewals, but you are ultimately responsible for monitoring your subscription status.
6.5.1 If payment fails or is declined:
6.5.2 You remain liable for all outstanding fees regardless of payment status.
6.6.1 You are responsible for all applicable taxes, duties, and governmental charges associated with your subscription, except for taxes based on our net income.
6.6.2 If we are required to collect or pay taxes for which you are responsible, you will be invoiced for such amounts.
7.1 Partner Schools/Partners operate under separate partnership agreements with the Company that govern the terms of collaboration.
7.2 If you are enrolled through a Partner School/Partner:
7.3 The Company is not responsible for disputes between students and Partner Schools/Partners regarding enrollment, fees, or academic matters.
7.4 Partner Schools/Partners act independently and are not agents or representatives of the Company unless expressly authorized in writing.
8.1.1 All Intellectual Property Rights in and to the Platform, including but not limited to:
are and shall remain the exclusive property of the Company or its licensors.
8.1.2 No transfer or assignment of Intellectual Property Rights occurs by virtue of these Terms or your use of the Platform.
8.2.1 Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
8.2.2 This license does not permit you to:
8.3.1 You retain all ownership rights in User Content you submit to the Platform.
8.3.2 By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable license to:
8.3.3 You represent and warrant that you have all necessary rights to grant this license and that User Content does not infringe any third-party rights.
8.4.1 We respect Intellectual Property Rights and expect users to do the same.
8.4.2 If you believe any Content infringes your copyright, please contact us with:
8.4.3 We will investigate legitimate claims and take appropriate action, which may include removing infringing content.
9.1.1 You agree to use the Platform only for lawful educational purposes in accordance with these Terms.
9.1.2 You shall conduct yourself in a respectful and professional manner when using the Platform and interacting with other users.
PROHIBITED ACTIVITIES: The following activities are strictly prohibited and may result in immediate account termination and legal action:
9.2.1 Illegal Activities:
9.2.2 Security Violations:
9.2.3 Abuse and Harassment:
9.2.4 Intellectual Property Violations:
9.2.5 Commercial Misuse:
9.2.6 System Interference:
9.3.1 Violation of these acceptable use provisions may result in:
10.1 The Platform is designed to support and enhance learning, not to facilitate academic dishonesty.
10.2 You agree to:
10.3 While we provide educational content and assessments, we do not guarantee:
10.4 You acknowledge that the Platform is a supplementary educational tool and does not replace formal education, qualified teachers, or official curricula.
11.1 Your privacy is important to us. Our collection, use, and protection of Personal Data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
11.2 By using the Platform, you consent to the collection, processing, and use of your Personal Data as described in the Privacy Policy.
11.3 You are responsible for reviewing the Privacy Policy and understanding how your Personal Data is handled.
11.4 If you do not agree with the Privacy Policy, you must not use the Platform.
11A.1.1 The Platform uses artificial intelligence ("AI") and large language models — provided today by OpenAI and other third-party model vendors — to generate study content, mark open-ended answers, produce feedback, suggest recommendations, and power chat / tutoring features. Wherever the term "AI" appears in these Terms it covers all such automated systems and any future replacements.
11A.1.2 Outputs produced by AI are clearly distinguishable inside the Platform (for example, marks awarded by AI carry a "graded by AI" label and feedback is presented as guidance, not authoritative judgement).
AI IS NOT INFALLIBLE. AI outputs may contain factual errors, biased reasoning, hallucinated references, mis-graded answers, culturally inappropriate examples, or stale information. The User accepts these limitations as a known characteristic of using AI-assisted learning tools.
11A.2.1 The User acknowledges that AI grading is a heuristic tool and not a substitute for a qualified human educator. The User shall not treat an AI-generated mark, comment, recommendation, or piece of content as a final, official, or unappealable academic judgement.
11A.2.2 The User accepts that AI may occasionally produce content that is incomplete, mis-categorised, off-syllabus, or otherwise sub-optimal, and agrees to verify any output relied upon for examinations, certifications, or formal academic submissions.
11A.2.3 Brain Box does not warrant that AI outputs will be free from error, and does not guarantee any specific learning outcome arising from AI features.
11A.3.1 Where the User believes an AI-generated mark or feedback item is incorrect, the User may request a human re-mark or escalation to a human reviewer through the in-app appeal mechanism (or by contacting Brain Box at the address in section 22).
11A.3.2 Brain Box will respond to such requests within a reasonable time and may, at its discretion, override, remove, or revise AI outputs that are demonstrably incorrect, harmful, or in breach of these Terms.
11A.4.1 To the maximum extent permitted by applicable law, Brain Box, its affiliates, officers, employees, agents, and third-party model vendors shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from (a) errors, omissions, biases, or hallucinations in AI outputs, (b) reliance by the User or any third party on AI-generated marks, feedback, recommendations, content, or chat responses, (c) any academic, financial, professional, or personal decision made wholly or partly on the basis of AI outputs, or (d) any decision by the User to use, or not use, the Platform's AI features.
11A.4.2 The User assumes full responsibility for verifying the suitability and accuracy of AI outputs before relying on them for any consequential decision (including academic submissions, examinations, certifications, applications, employment, or financial transactions).
11A.4.3 The disclaimers and limitations in this section 11A operate in addition to, and not in substitution for, the broader liability provisions in section 12.
11A.5.1 The User agrees to use Brain Box's AI features in good faith and in pursuit of genuine learning. In particular, the User agrees to:
11A.5.2 Breach of this section 11A.5 may result in suspension or termination under section 14 and is grounds for indemnification under section 13.
11A.6.1 AI outputs on the Platform are educational guidance only. They are not professional advice, medical advice, legal advice, financial advice, psychological counselling, or any other regulated form of advice. The User must seek a qualified human professional for any such advice.
11A.7.1 Anonymised and de-identified usage data may be used to evaluate, debug, and improve the Platform's AI features. The User's identifiable Personal Data is handled per the Privacy Policy and is not shared with third-party model vendors except where strictly required to deliver the requested AI feature (and then only under the vendor's published data-processing terms).
IMPORTANT DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
12.1.1 We expressly disclaim all warranties, including but not limited to:
12.1.2 We do not warrant that:
12.2.1 The Platform provides supplementary educational content and is not a substitute for:
12.2.2 We make no guarantees regarding:
LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY ZAMBIAN LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER.
12.3.1 We shall not be liable for:
12.3.2 Our total aggregate liability for all claims arising from or relating to these Terms or the Platform shall not exceed the total amount paid by you to the Company during the twelve (12) months preceding the claim, or One Thousand Zambian Kwacha (ZMW 1,000), whichever is less.
12.3.3 These limitations apply regardless of the legal theory on which the claim is based, including breach of contract, tort (including negligence), strict liability, or any other basis.
12.3.4 These limitations apply even if we have been advised of the possibility of such damages.
12.4.1 Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under Zambian law, including:
13.1 You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
13.2 We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense of such claim.
13.3 This indemnification obligation shall survive termination of these Terms and your use of the Platform.
14.1.1 You may terminate your account at any time by:
14.1.2 Termination by you does not automatically entitle you to a refund of subscription fees unless otherwise provided in Section 15.
14.2.1 We may suspend or terminate your account and access to the Platform immediately, without prior notice, for any reason, including but not limited to:
14.2.2 We are not obligated to provide reasons for termination, though we may do so at our discretion.
14.3.1 Upon termination:
14.3.2 We are not liable for any loss or damage resulting from termination of your account.
14.4.1 We may suspend (rather than terminate) your account to investigate potential violations or pending resolution of disputes.
14.4.2 During suspension, you will not be able to access the Platform, but your account data will be preserved.
14.4.3 Suspension does not relieve you of payment obligations for active subscriptions unless we determine suspension was made in error.
15.1.1 You may cancel your subscription at any time through your account settings or by contacting us.
15.1.2 Cancellation will take effect at the end of the current subscription period. You will retain access until the paid period expires.
15.1.3 Cancelled subscriptions will not automatically renew unless you reactivate them.
15.2.1 Subscription fees are generally non-refundable except as follows:
15.2.2 Cooling-Off Period: You may request a full refund within seven (7) days of purchase if you have not substantially used the Platform (defined as accessing fewer than 10% of available features or content).
15.2.3 Service Failure: If we are unable to provide services for an extended period (more than 7 consecutive days) due to technical failures, you may request a pro-rata refund for the period of unavailability.
15.2.4 Erroneous Charges: Charges made in error will be refunded in full.
15.2.5 Discretionary Refunds: We may, at our sole discretion, provide refunds in other circumstances on a case-by-case basis.
15.2.6 Refund requests must be submitted in writing to our customer support team.
15.2.7 Approved refunds will be processed within thirty (30) days and issued to the original payment method.
15.3.1 Refunds will NOT be provided for:
16.1 We reserve the right to modify, amend, or update these Terms at any time in our sole discretion.
16.2 Material changes will be communicated through:
16.3 Changes will become effective:
16.4 Continued use of the Platform after the effective date constitutes acceptance of the modified Terms.
16.5 If you do not agree with modifications, you must cease using the Platform and may terminate your account in accordance with Section 14.
16.6 It is your responsibility to review these Terms periodically to stay informed of updates.
17.1.1 Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us and providing:
17.1.2 We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving your notice.
17.2.1 If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the Arbitration Act of Zambia.
17.2.2 Arbitration shall be conducted in Lusaka, Zambia, unless otherwise agreed.
17.2.3 The arbitrator's decision shall be final and binding, subject to limited rights of appeal under Zambian law.
17.2.4 Each party shall bear its own costs and share arbitrator fees equally unless the arbitrator determines otherwise.
17.3.1 Either party may seek injunctive or equitable relief in court to protect intellectual property rights or prevent irreparable harm.
17.3.2 Small claims may be brought in an appropriate small claims court if within jurisdictional limits.
17.4.1 To the extent permitted by law, all disputes must be brought in an individual capacity and not as part of a class, collective, or representative action.
18.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Zambia, without regard to conflict of law principles.
18.2 The following Zambian laws, among others, shall apply:
18.3 Subject to the arbitration provisions in Section 17, the courts of the Republic of Zambia shall have exclusive jurisdiction over any disputes arising from or relating to these Terms.
18.4 You irrevocably submit to the jurisdiction of the Zambian courts and waive any objection to venue or inconvenient forum.
19.1 Neither party shall be liable for failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:
19.2 The affected party shall notify the other party as soon as reasonably practicable and make reasonable efforts to mitigate the impact.
19.3 Performance obligations shall be suspended during the force majeure event and resume when circumstances permit.
19.4 If force majeure continues for more than sixty (60) days, either party may terminate the Agreement without liability.
20.1 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
20.2 Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
21.1 These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between you and the Company regarding the subject matter hereof.
21.2 These Terms supersede all prior or contemporaneous communications, agreements, understandings, and representations, whether oral or written.
21.3 No amendment or modification of these Terms shall be binding unless in writing and executed by authorized representatives of both parties, except as provided in Section 16 regarding modifications by the Company.
Company Name: Brain Box
Registered Address: [To be completed with actual registered address in Zambia]
Email: legal@brainbox.zm
Support Email: support@brainbox.zm
Phone: [To be completed with contact number]
For questions about these Terms or to report violations, please contact us using the information above.
ACKNOWLEDGMENT: By clicking "I agree" during registration or by using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and the Privacy Policy. If you do not agree, you must not use the Platform.