Terms of Use

These terms govern your use of the Braincloud Learning app and website (the "Service"). By using the Service you accept them. If you do not accept them, please stop using the Service.

They apply between you and whichever Braincloud company contracted with your institution ("we", "us") — Braincloud (Thailand) Co., Ltd. or Braincloud Education Technology Co., Ltd. The mobile applications are published by Braincloud Inc. Each company and its role is listed in section 1 of the Privacy Notice.

1. What the Service is

Braincloud Learning supports teaching and learning for learners, instructors and administrators at schools, educational institutions and other organisations that have an agreement with us (each, "your institution"). It is not open to public sign-up.

2. Your account

2.1 Your account comes from information your institution sends us, and is tied to your status as a learner or member of staff at that institution.

2.2 Keep your sign-in details to yourself and do not let anyone else use your account. Anything done through your account is treated as done by you, unless you have already told us it was used without your permission.

2.3 If you think someone else has access to your account, tell us promptly at support@braincloudlearning.com.

2.4 When you are no longer a learner or member of staff at the institution, we may suspend or close your account at its instruction.

3. Acceptable use

You agree not to:

• use the Service for anything unlawful, or in a way that infringes anyone else's rights;
• access accounts, data or parts of the system you are not entitled to;
• disrupt or interfere with the Service, including using automated tools to extract data in bulk;
• reverse engineer, decompile or otherwise try to obtain the source code of the Service;
• copy, publish or reuse lesson content beyond your own study without our written permission;
• send or post anything unlawful, threatening, obscene, or otherwise unsuited to a learning environment.

4. Content and intellectual property

4.1 Lesson content, software, design, trade marks and other elements of the Service belong to us or to our licensors. You get a limited, revocable, non-transferable right to use them for your own study only.

4.2 Work you submit — answers, files, and voice recordings made for speaking exercises — remains yours. You grant us and your institution permission to use, store and process it as far as is necessary to provide the Service and to assess your work as the curriculum requires.

5. Third-party services

The Service connects to services run by others, including signing in with Google, Facebook, Apple and LINE, your institution's learning management system, and online classrooms. Your use of those is governed by each provider's own terms, which we do not control.

6. Availability and changes

6.1 We work to keep the Service running, but we do not guarantee it will be uninterrupted or error-free. We may take it down temporarily for maintenance or improvement.

6.2 We may add, change or withdraw features. Where a change materially affects how you use the Service, we will give reasonable notice.

7. Limitation of liability

7.1 The Service is a tool that supports teaching. We are not responsible for academic results, assessment or educational decisions, which rest with your institution and its instructors.

7.2 To the extent the law allows, we are not liable for indirect or consequential loss, loss of opportunity, or loss of data arising from your use of, or inability to use, the Service.

7.3 Nothing in this section limits liability where the law does not allow it to be limited, including for wilful misconduct or gross negligence.

8. Personal data

We collect, use and disclose your personal data as set out in the Privacy Notice, which forms part of these terms.

9. Ending your use of the Service

9.1 You may stop using the Service at any time, and delete your account as described in How to delete your data.

9.2 We may suspend or end your access if you breach these terms, or if your institution instructs us to. We will tell you why, so far as we are able.

10. Changes to these terms

We may update these terms from time to time. The version in force is the one published on this page, with the date it was last updated shown at the top. If we make a material change, we will tell you through the Service or by email. Continuing to use the Service after a change takes effect means you accept the new terms.

11. Governing law

These terms are governed by Thai law, and the Thai courts have jurisdiction.

12. Contact

The Braincloud group of companies 16/10 Sathon Nuea Road, Silom, Bang Rak, Bangkok 10500, Thailand Email support@braincloudlearning.com