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TERMS OF SERVICE

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.

Table of Contents

  • 1. Interpretation and Definitions
  • 2. Acceptance of Terms
  • 3. Eligibility and Account Registration
  • 4. User Accounts and Responsibilities
  • 5. Services Provided
  • 6. Subscription Plans and Payment Terms
  • 7. Partner School/Partner Agreements
  • 8. Intellectual Property Rights
  • 9. User Conduct and Acceptable Use
  • 10. Content and Academic Integrity
  • 11. Privacy and Data Protection
  • 11A. AI-Powered Features, Automated Grading & Ethical Use
  • 12. Disclaimers and Limitations of Liability
  • 13. Indemnification
  • 14. Termination and Suspension
  • 15. Refund and Cancellation Policy
  • 16. Modification of Services and Terms
  • 17. Dispute Resolution and Arbitration
  • 18. Governing Law and Jurisdiction
  • 19. Force Majeure
  • 20. Severability and Waiver
  • 21. Entire Agreement
  • 22. Contact Information

1. INTERPRETATION AND DEFINITIONS

1.1 Interpretation

1.1.1 In these Terms of Service (the "Terms"), unless the context otherwise requires:

  • Words importing the singular shall include the plural and vice versa;
  • Words importing any gender shall include all genders;
  • References to "person" include natural persons, corporations, partnerships, and other legal entities;
  • References to "writing" or "written" include email and electronic communications;
  • References to any statute, regulation, or legislative provision shall include any statutory modification, amendment, or re-enactment thereof;
  • Headings are for convenience only and shall not affect interpretation.

1.2 Definitions

"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. ACCEPTANCE OF TERMS

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. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Eligibility Requirements

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:

  • Through registration by an authorized Administrator of a Partner School/Partner; or
  • With verifiable consent from a parent or legal guardian.

3.1.3 By registering for an account, you represent and warrant that:

  • You meet the eligibility requirements set forth herein;
  • All information provided during registration is accurate, complete, and current;
  • You have the legal capacity to enter into this Agreement;
  • You will not use the Platform for any unlawful purpose or in violation of these Terms.

3.2 Account Registration

3.2.1 To access certain features of the Platform, you must register for an account by providing:

  • Full legal name;
  • Valid email address;
  • Secure password meeting our security requirements;
  • Date of birth;
  • Contact information;
  • Location details (country, province, city);
  • Academic information (education system, grade level);
  • Any other information required by the registration process.

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 Verification

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. USER ACCOUNTS AND RESPONSIBILITIES

4.1 Account Security

4.1.1 You are solely responsible for maintaining the confidentiality of your account credentials, including your password.

4.1.2 You must:

  • Use a strong, unique password that meets our security requirements;
  • Keep your password confidential and not share it with any third party;
  • Immediately notify us of any unauthorized access or security breach;
  • Log out from your account at the end of each session, particularly when using shared or public devices.

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 Account Responsibilities

4.2.1 You agree to:

  • Maintain accurate and up-to-date account information;
  • Use the Platform only for lawful educational purposes;
  • Comply with all applicable laws and regulations;
  • Not allow any other person to use your account;
  • Not create multiple accounts for the same individual;
  • Not use automated systems or software to access the Platform without our express written permission;
  • Promptly update your account information if it changes.

4.3 Prohibited Account Activities

4.3.1 You shall not:

  • Create an account using false or misleading information;
  • Impersonate any person or entity;
  • Use another person's account without authorization;
  • Transfer, sell, or assign your account to any third party;
  • Create an account if you have been previously banned or suspended;
  • Use the Platform to engage in fraudulent activities.

5. SERVICES PROVIDED

5.1 Description of Services

5.1.1 The Company provides an online educational platform offering:

  • Access to educational content aligned with Cambridge and ECZ curricula;
  • Video lessons and instructional materials;
  • Homework assignments and assessments;
  • Performance tracking and academic reports;
  • Personalized learning recommendations;
  • Strengths and weaknesses analysis;
  • Progress monitoring and reporting;
  • Integration with Partner Schools/Partners for enrolled students.

5.2 Service Availability

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:

  • Scheduled maintenance and updates;
  • Technical difficulties or system failures;
  • Circumstances beyond our reasonable control;
  • Security-related interventions.

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 Service Modifications

5.3.1 We reserve the right to:

  • Add, remove, or modify features and functionality;
  • Update educational content and curricula;
  • Change service offerings and subscription tiers;
  • Implement new technologies and systems.

5.3.2 Material changes to services for which you have an active paid subscription will be communicated in advance where reasonably practicable.

6. SUBSCRIPTION PLANS AND PAYMENT TERMS

6.1 Subscription Tiers

6.1.1 The Platform offers the following subscription tiers:

(a) Free Tier

  • Limited access to educational content and features;
  • No payment required;
  • Subject to availability and capacity limitations;
  • May include advertisements or promotional content.

(b) Supreme Tier (Premium Subscription)

  • Full access to all educational content and features;
  • Unlimited homework and assessments;
  • Comprehensive performance tracking and reporting;
  • Priority customer support;
  • Ad-free experience;
  • Available in 1-month, 3-month, 6-month, and 12-month subscription periods.

6.2 Pricing and Payment

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 Payment Methods

6.3.1 We accept payment through approved third-party payment processors.

6.3.2 By providing payment information, you represent and warrant that:

  • You are authorized to use the payment method;
  • The payment information is accurate and complete;
  • You will maintain sufficient funds or credit to fulfill payment obligations.

6.3.3 You authorize us to charge the provided payment method for all fees due under your subscription.

6.4 Subscription Renewal

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 Failed Payments

6.5.1 If payment fails or is declined:

  • We may suspend or restrict access to premium features;
  • We may attempt to process payment again using the same or alternative payment method;
  • Additional fees or charges imposed by payment processors may apply;
  • We may downgrade your account to the free tier.

6.5.2 You remain liable for all outstanding fees regardless of payment status.

6.6 Taxes

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. PARTNER SCHOOL AGREEMENTS

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:

  • Your account may be created and managed by the Partner School/Partner Administrator;
  • The Partner School/Partner may have access to your academic performance data;
  • Subscription fees may be paid by the Partner School/Partner on your behalf;
  • Additional terms and conditions may apply as specified by the Partner School/Partner;
  • Your enrollment may be subject to the Partner School/Partner's policies and requirements.

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. INTELLECTUAL PROPERTY RIGHTS

8.1 Company Intellectual Property

8.1.1 All Intellectual Property Rights in and to the Platform, including but not limited to:

  • The Brain Box name, logo, and trademarks;
  • Software, source code, and algorithms;
  • Educational content, curricula, and materials;
  • Videos, images, graphics, and audio;
  • Database structures and compilations;
  • User interface designs and layouts;
  • Documentation and training materials;

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 Limited License

8.2.1 Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Access and use the Platform for personal educational purposes;
  • View and interact with Content made available through your subscription;
  • Download materials expressly designated as downloadable for offline study.

8.2.2 This license does not permit you to:

  • Copy, reproduce, or distribute Content except as expressly permitted;
  • Modify, create derivative works, or reverse engineer any aspect of the Platform;
  • Remove or alter any copyright, trademark, or proprietary notices;
  • Use Content for commercial purposes;
  • Share, sell, or redistribute Content to third parties;
  • Use automated systems to scrape or download Content;
  • Frame or mirror any portion of the Platform;
  • Access the Platform to build a competitive product or service.

8.3 User Content License

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:

  • Use, reproduce, and store User Content to provide services;
  • Display User Content to authorized users (e.g., Partner School/Partner Administrators);
  • Analyze User Content to improve services and generate insights;
  • Create anonymized or aggregated data for research and development.

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 Copyright Infringement

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:

  • Identification of the copyrighted work;
  • Location of the allegedly infringing material;
  • Your contact information;
  • A statement of good faith belief that use is unauthorized;
  • A statement of accuracy and authority to act on behalf of the copyright owner;
  • Your physical or electronic signature.

8.4.3 We will investigate legitimate claims and take appropriate action, which may include removing infringing content.

9. USER CONDUCT AND ACCEPTABLE USE

9.1 Acceptable Use

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.

9.2 Prohibited Conduct

PROHIBITED ACTIVITIES: The following activities are strictly prohibited and may result in immediate account termination and legal action:

9.2.1 Illegal Activities:

  • Violating any applicable laws or regulations;
  • Engaging in fraudulent activities;
  • Facilitating money laundering or financing of illegal activities;
  • Distributing illegal or prohibited content.

9.2.2 Security Violations:

  • Attempting to gain unauthorized access to the Platform or other users' accounts;
  • Interfering with or disrupting the Platform's operation;
  • Introducing viruses, malware, or harmful code;
  • Conducting security testing without express written permission;
  • Circumventing security measures or access controls;
  • Harvesting or collecting user data without authorization.

9.2.3 Abuse and Harassment:

  • Harassing, threatening, or intimidating other users;
  • Posting discriminatory, hateful, or offensive content;
  • Engaging in cyberbullying or defamation;
  • Impersonating others or creating fake identities.

9.2.4 Intellectual Property Violations:

  • Infringing copyrights, trademarks, or other Intellectual Property Rights;
  • Unauthorized copying or distribution of Content;
  • Plagiarism or academic dishonesty;
  • Reverse engineering or decompiling Platform software.

9.2.5 Commercial Misuse:

  • Using the Platform for unauthorized commercial purposes;
  • Reselling or redistributing access to the Platform;
  • Advertising or promoting third-party products or services without authorization;
  • Operating a competing educational service using our Content.

9.2.6 System Interference:

  • Placing excessive load on Platform resources;
  • Using automated systems, bots, or scrapers;
  • Manipulating or gaming performance metrics or assessments;
  • Interfering with other users' access or enjoyment of the Platform.

9.3 Consequences of Violations

9.3.1 Violation of these acceptable use provisions may result in:

  • Warning or reprimand;
  • Temporary suspension of account access;
  • Permanent account termination;
  • Forfeiture of subscription fees;
  • Reporting to law enforcement authorities;
  • Legal action to recover damages and seek injunctive relief.

10. CONTENT AND ACADEMIC INTEGRITY

10.1 The Platform is designed to support and enhance learning, not to facilitate academic dishonesty.

10.2 You agree to:

  • Use educational materials for legitimate learning purposes;
  • Complete assignments and assessments honestly and independently;
  • Not share answers or solutions with other students;
  • Not use the Platform to facilitate cheating or plagiarism;
  • Comply with your educational institution's academic integrity policies.

10.3 While we provide educational content and assessments, we do not guarantee:

  • Specific academic outcomes or performance improvements;
  • Accuracy or completeness of all Content;
  • That Content aligns perfectly with all examination boards or curricula;
  • That Content is error-free or up-to-date at all times.

10.4 You acknowledge that the Platform is a supplementary educational tool and does not replace formal education, qualified teachers, or official curricula.

11. PRIVACY AND DATA PROTECTION

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. AI-POWERED FEATURES, AUTOMATED GRADING & ETHICAL USE

11A.1 Disclosure of AI Use

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).

11A.2 Limitations and Known Risks of AI

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 Right to Human Review

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 Allocation of Risk and Liability for AI Outputs

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 Ethical and Acceptable Use of AI Features

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:

  • Treat AI as a study aid, not an answer machine. The User will engage with explanations and feedback rather than copy-pasting AI output into formal assessments.
  • Disclose AI assistance where required. Where the User's school, examiner, university, or employer requires disclosure of AI assistance, the User will disclose accordingly. Brain Box does not authorise or condone the submission of AI-generated work as the User's own where such disclosure is required.
  • Respect academic integrity rules. The User will comply with their institution's rules on academic honesty (see also section 10).
  • Not weaponise the AI. The User will not attempt to extract harmful, hateful, sexual, violent, deceptive, or otherwise inappropriate content from the Platform's AI features, nor use them to harass, discriminate against, or impersonate any person.
  • Protect minors. Adult users supervising minors (parents, teachers, guardians) take primary responsibility for ensuring AI outputs viewed by minors are age-appropriate, and will use the available content controls accordingly.
  • Report problems. The User will report any AI output that appears unsafe, biased, or harmful so that Brain Box can investigate and improve.

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 No Professional, Medical, Legal, or Financial Advice

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 Data Used to Improve AI

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).

12. DISCLAIMERS AND LIMITATIONS OF LIABILITY

12.1 Disclaimer of Warranties

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:

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement;
  • Warranties regarding accuracy, reliability, or completeness of Content;
  • Warranties that the Platform will be uninterrupted, timely, secure, or error-free;
  • Warranties regarding the results or outcomes from using the Platform;
  • Warranties that defects will be corrected;
  • Any warranties arising from course of dealing or usage of trade.

12.1.2 We do not warrant that:

  • The Platform will meet your specific requirements;
  • Use of the Platform will result in improved academic performance;
  • All Content is accurate, current, or complete;
  • The Platform is free from viruses or other harmful components;
  • Your data will never be lost or compromised.

12.2 Educational Disclaimers

12.2.1 The Platform provides supplementary educational content and is not a substitute for:

  • Formal schooling or accredited educational programs;
  • Professional teaching or tutoring;
  • Official examination preparation courses;
  • Certified educational credentials.

12.2.2 We make no guarantees regarding:

  • Examination results or academic performance;
  • Admission to educational institutions;
  • Career outcomes or employment prospects;
  • Skill development or competency acquisition.

12.3 Limitation of Liability

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:

  • Indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, revenue, data, or use;
  • Loss of business opportunities;
  • Academic failure or poor performance;
  • Emotional distress or reputational harm;
  • Costs of substitute services;
  • Any damages arising from use or inability to use the Platform;
  • Any damages arising from errors, omissions, or inaccuracies in Content;
  • Any damages arising from unauthorized access to your account;
  • Any damages arising from third-party actions or services.

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 Exceptions

12.4.1 Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under Zambian law, including:

  • Liability for death or personal injury caused by negligence;
  • Liability for fraud or fraudulent misrepresentation;
  • Any other liability that cannot be excluded or limited by law.

13. INDEMNIFICATION

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:

  • Your use or misuse of the Platform;
  • Your violation of these Terms;
  • Your violation of any applicable laws or regulations;
  • Your violation of any third-party rights, including Intellectual Property Rights;
  • Your User Content;
  • Unauthorized use of your account resulting from your failure to maintain security;
  • Any false or misleading information provided by you.

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. TERMINATION AND SUSPENSION

14.1 Termination by You

14.1.1 You may terminate your account at any time by:

  • Accessing account settings and selecting the account deletion option; or
  • Contacting us with a termination request.

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 Termination by Us

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:

  • Breach of these Terms;
  • Violation of applicable laws;
  • Engaging in prohibited conduct;
  • Non-payment of subscription fees;
  • Fraudulent or suspicious activity;
  • At our sole discretion for operational, security, or legal reasons;
  • Request from law enforcement or regulatory authorities;
  • Extended account inactivity.

14.2.2 We are not obligated to provide reasons for termination, though we may do so at our discretion.

14.3 Effects of Termination

14.3.1 Upon termination:

  • Your right to access and use the Platform immediately ceases;
  • All licenses granted under these Terms are revoked;
  • We may delete your account and associated data in accordance with our retention policies;
  • You remain liable for all obligations incurred prior to termination;
  • Sections that by their nature should survive termination shall remain in effect, including intellectual property provisions, disclaimers, limitations of liability, and indemnification.

14.3.2 We are not liable for any loss or damage resulting from termination of your account.

14.4 Suspension

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. REFUND AND CANCELLATION POLICY

15.1 Cancellation

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 Refund Policy

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 No Refunds

15.3.1 Refunds will NOT be provided for:

  • Change of mind after the cooling-off period;
  • Failure to use the subscription;
  • Academic performance not meeting expectations;
  • Account termination due to Terms violations;
  • Partial subscription periods (except as provided in 15.2.3);
  • Discount or promotional pricing adjustments after purchase.

16. MODIFICATION OF SERVICES AND TERMS

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:

  • Email notification to registered users;
  • Prominent notice on the Platform;
  • Update of the "Last Updated" date.

16.3 Changes will become effective:

  • Immediately for new users;
  • Thirty (30) days after notification for existing users, unless a longer period is required by law.

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. DISPUTE RESOLUTION AND ARBITRATION

17.1 Informal Dispute Resolution

17.1.1 Before initiating formal proceedings, you agree to attempt to resolve any dispute informally by contacting us and providing:

  • Description of the dispute;
  • Desired resolution;
  • Supporting documentation.

17.1.2 We will make reasonable efforts to resolve the dispute within thirty (30) days of receiving your notice.

17.2 Arbitration

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 Exceptions to Arbitration

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 Class Action Waiver

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. GOVERNING LAW AND JURISDICTION

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:

  • The Electronic Communications and Transactions Act, 2021;
  • The Zambia Information and Communications Technology Authority Act;
  • The Cyber Security and Cyber Crimes Act, 2021;
  • The Competition and Consumer Protection Act;
  • The Arbitration Act;
  • Any other applicable statutes and regulations.

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. FORCE MAJEURE

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:

  • Acts of God, natural disasters, epidemics, or pandemics;
  • War, terrorism, civil unrest, or government action;
  • Labor disputes or strikes;
  • Power outages or telecommunications failures;
  • Internet or hosting infrastructure failures;
  • Fire, flood, or other catastrophic events.

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. SEVERABILITY AND WAIVER

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. ENTIRE AGREEMENT

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.

22. CONTACT INFORMATION

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.

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