1. Acceptance of these Terms
By creating an account, accessing the Service, or using any part of BrainCraft, including the public website, the host application, or the participant pages, you confirm that you have read, understood, and accepted these Terms, our Privacy Policy, and our Cookie Policy. If you do not accept any of these documents, do not create an account and stop using the Service. Where you accept these Terms on behalf of an organisation (for example a school, a company, or any other legal entity), you confirm that you have the authority to bind that organisation. In that case, references to "you" in these Terms include both the individual accepting and the organisation.
2. Eligibility and age requirements
You must be at least 13 years old to create a BrainCraft account. In jurisdictions where the General Data Protection Regulation or national law requires parental consent for the processing of a child's personal data below age 16 (or another threshold defined by national law between 13 and 16), the relevant minimum age applies and you confirm that you meet it. If you are below the legal age of majority in your country, you confirm that a parent or legal guardian has reviewed these Terms and consents to your use of the Service. Where BrainCraft is used in a school or training context with participants below the minimum age, the institution accepting these Terms is responsible for obtaining the necessary consent from each participant's parent or legal guardian.
3. Account creation and security
To use BrainCraft as a host, you must create an account using a real personal or professional email address. Generic or functional addresses (such as info@, contact@, hr@, marketing@, administration@) cannot be used to create or operate an account. Accounts created by automated tools, bots, or scripts are not permitted. Each account is personal to the User who created it and may not be shared, pooled, or used by multiple individuals, including within the same department or division. A single User may not hold more than one Free account. You are responsible for keeping your password confidential, for any activity that takes place under your account, and for the security of any device used to access the Service. If you suspect unauthorised access to your account, change your password immediately and notify support@braincraft.live so that we can take appropriate measures. For accounts that operate within a Workspace, an Administrator may impose additional requirements (for example single sign-on or password rotation). You agree to comply with those requirements while you remain a Team Member of that Workspace.
4. Acceptable use and content reporting
You agree to use BrainCraft in accordance with all applicable laws and regulations and not to use the Service in a way that harms us, our Users, or the public. In particular, you agree not to use BrainCraft to: distribute illegal, harmful, defamatory, threatening, hateful, harassing, fraudulent, or infringing content; collect personal data from participants without an appropriate legal basis; impersonate another person or organisation; attempt to gain unauthorised access to systems, accounts, or data; reverse-engineer, decompile, or disassemble the Service; circumvent or weaken our security or technical protection measures; introduce malware, viruses, or any harmful code; create excessive load on the Service through scripted, automated, or denial-of-service-like behaviour; resell, sublicense, or commercially exploit access to the Service. Live Terminal, in particular, must not be used to attack other systems, mine cryptocurrency, distribute malware, or run any workload that breaches applicable law or these Terms. Reporting illegal content. As a hosting provider under EU Regulation 2022/2065 (Digital Services Act, "DSA"), we provide a clear reporting mechanism for illegal content or activity hosted on the Service. If you encounter content or behaviour that you believe is illegal, please report it to abuse@braincraft.live with as much detail as possible (the URL or session identifier, a description, and your contact information). We will review reports diligently and act in line with the DSA and applicable law, including by removing content, restricting access, or notifying competent authorities where required. Violation of this section may result in suspension or termination of your account, removal of content, or, where required, referral to competent authorities, without prejudice to any other remedies available to us under these Terms or applicable law.
5. Your content and the rights you grant us
You retain ownership of the content you create or upload on BrainCraft ("Your Content"), including questions, slides, branding, images, audio, code shared in Live Terminal, and any responses your Audience submits to your sessions. By creating or uploading Your Content, you grant BrainCraft a limited, worldwide, non-exclusive, royalty-free, sublicensable (only to our hosting and infrastructure sub-processors) licence to host, store, transmit, display, format, back up, and otherwise process Your Content solely to operate the Service for you and your Audience, comply with our legal obligations, and enforce these Terms. This licence ends when Your Content is deleted from the Service, except for backup copies that may persist for a limited time before being purged. You are solely responsible for Your Content. You confirm that you have the right to upload it, that it does not infringe any third-party rights (intellectual property, privacy, publicity, or otherwise), and that it complies with applicable law. If Your Content includes personal data of third parties (for example, the names or responses of your Audience), you act as the data controller for that personal data. BrainCraft processes it on your behalf as a data processor, in line with our Privacy Policy and our Data Processing Agreement (available on request).
6. Licence to use BrainCraft
Subject to your compliance with these Terms and payment of the applicable fees for paid plans, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use BrainCraft for its intended purpose: creating and hosting interactive sessions for your audiences. This licence applies to all updates and supplements we release. We reserve all rights not expressly granted in these Terms. You may not, and may not permit any third party to: copy, modify, translate, adapt, or create derivative works of any part of the Service; reverse-engineer, decompile, disassemble, or attempt to reconstruct any source code or algorithms of the Service, except to the extent expressly permitted by mandatory applicable law and only after notifying us in writing in advance; rent, lease, sell, sublicense, or transfer the Service or your account; use the Service to build, train, or improve a product that competes with BrainCraft; or remove, obscure, or alter any proprietary notices on the Service. The BrainCraft name, logo, visual identity, and the Service itself, including all source code, features, content, and documentation, are owned by us and our licensors and are protected by intellectual-property laws and international treaties.
7. Plans, billing, renewals, and cancellation
BrainCraft offers a Free plan and several paid plans (Educator, Pro, Institution). The features and limits of each plan are described on our pricing page and may change from time to time, with reasonable advance notice for paid plans. Paid plans are billed in advance, monthly or annually depending on the billing cycle you select. By providing payment details, you authorise us and our payment processors to charge the corresponding amount on each renewal date. Unless cancelled, paid subscriptions automatically renew for the same duration at the price then in effect. To stop a renewal, switch to the Free plan or downgrade through your account settings at least 24 hours before the renewal date. A request sent by email or telephone is not, on its own, a cancellation; you must perform the action in your account settings, or have us confirm cancellation explicitly in writing. No refunds or credits are issued for partial billing periods, downgrades, or non-use of the Service, except where required by mandatory applicable law (in particular, the EU consumer right of withdrawal described in Section 8). We may change pricing with at least 30 days' notice for paid plans. If you do not accept the new pricing, you may cancel your subscription before the new price takes effect. Downgrading may cause you to lose access to certain features or to data stored beyond the limits of the lower plan; we recommend exporting any content you wish to keep before downgrading. Fees are exclusive of taxes (VAT, sales tax, or equivalents). You are responsible for any taxes, duties, or charges imposed by tax authorities in connection with your use of the Service, except for taxes on our income.
8. EU consumer right of withdrawal
If you are a consumer within the meaning of Article 2(1) of EU Directive 2011/83/EU (a natural person acting outside the scope of any trade, business, craft, or profession) and you live in the European Union or the European Economic Area, you have a right of withdrawal of fourteen (14) calendar days from the date you accept these Terms for any paid subscription, without giving any reason and without incurring any cost other than as provided below. To exercise the right of withdrawal, send an unambiguous statement to legal@braincraft.live that includes your account email address and your decision to withdraw. You may use the model withdrawal form below or any wording of your choice. Model withdrawal form. "To BrainCraft, legal@braincraft.live: I hereby give notice that I withdraw from my contract for the BrainCraft subscription. Ordered on: [date]. Account email: [email]. Name: [name]. Date: [date]." Where you withdraw within the period, we will refund all payments received from you for the cancelled subscription within fourteen (14) days of being informed of your decision, using the same means of payment as your original transaction unless you expressly agree otherwise. Loss of the right of withdrawal. By accepting these Terms, ordering a paid subscription, and starting to use a paid feature inside the 14-day window, you confirm that you wish the supply of the Service to begin immediately. In line with Article 16(m) of EU Directive 2011/83/EU, you accept that you lose the right of withdrawal once the supply of digital content has begun and that, where this happens, no refund is due for the period during which you used the paid features.
9. Service availability, maintenance, and force majeure
We aim for high availability and continuous service, but we do not guarantee that the Service will always be uninterrupted, error-free, or fully secure. The Service is provided "as is" and "as available". From time to time, we will perform planned maintenance, security updates, or infrastructure changes that may temporarily affect availability. Where reasonable, we will announce planned maintenance in advance through an in-app notice or our status page. We are not liable for unavailability or degraded performance attributable to events outside our reasonable control, including but not limited to: natural disasters (earthquakes, floods, storms, fires); public-health events (epidemics, pandemics, quarantines, government restrictions on movement); armed conflict, civil unrest, terrorism, sabotage; cyberattacks, denial-of-service attacks, viruses, or malware originating from third parties; failure of telecommunications, internet, electricity, or third-party cloud or payment infrastructure; strikes or labour disputes; government actions or sanctions; or any other event of force majeure. We are also not liable for unavailability caused by your equipment, your network, or third-party software (such as a browser plug-in or operating system) interacting incorrectly with the Service, nor for changes you or a third party make to the Service without our authorisation.
10. Disclaimer of warranties
To the maximum extent permitted by applicable law, BrainCraft is provided without warranties of any kind, whether express or implied. We do not warrant that the Service will meet your specific requirements, that it will be available without interruption or completely error-free, that defects will be corrected immediately, or that the Service will be free from viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any content provided by Users, Administrators, Audience members, or third parties through the Service. Nothing in this section limits or excludes any non-waivable rights you have under applicable consumer-protection law, including the legal warranty of conformity for digital content under EU Directive 2019/770 where it applies to you.
11. Limitation of liability
To the maximum extent permitted by applicable law, our total cumulative liability towards you in connection with these Terms or your use of the Service (whether in contract, tort, statute, or otherwise) is limited to the amount you actually paid to BrainCraft in the twelve (12) months preceding the event giving rise to the claim, or one hundred euros (EUR 100), whichever is greater. In no event shall BrainCraft be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, business interruption, loss of goodwill, or cost of substitute services, even if we have been advised of the possibility of such damages. Nothing in this section excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be lawfully excluded or limited.
12. Indemnification
You agree to defend, indemnify, and hold harmless BrainCraft, its directors, employees, agents, and affiliates from and against any third-party claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: your breach of these Terms or our Privacy Policy; Your Content or your use of the Service in a way that infringes the rights of a third party; or your violation of any applicable law. This duty to indemnify survives the termination of your account.
13. Suspension and termination
You may close your account at any time through your account settings or by emailing support@braincraft.live. Closure stops further billing for paid plans, subject to Section 7 (no refunds for partial periods, except where the EU right of withdrawal applies). We may suspend or terminate your access to the Service, immediately and without prior notice where reasonable, in case of: material breach of these Terms (including the acceptable-use and DSA provisions in Section 4); failure to pay due fees, including repeated payment failures; reasonable suspicion of fraud, abuse, security risk, or activity that endangers other Users or the Service; provision of false or misleading information at sign-up; insolvency, bankruptcy, judicial reorganisation, or comparable proceedings; or any case where continued access would expose us, our Users, or third parties to legal or operational risk. Where reasonable, we will notify you of suspension or termination by email and explain the reason. On termination, your right to use the Service ends, and we may delete your account data after 30 days, except where retention is required by law (notably for accounting or legal-defence purposes). The sections of these Terms that, by their nature, are intended to survive termination, including but not limited to Sections 5 (content licence), 6 (intellectual property), 10 (disclaimer), 11 (limitation of liability), 12 (indemnification), 16 (governing law), and 17 (general provisions), continue to apply after termination.
14. Marketing, references, and case studies
With your prior permission, we may use your organisation's name, logo, and a brief, non-confidential description of your use of BrainCraft on our website, in customer lists, on social media, in marketing materials, or in case studies. We will not disclose specific session content, individual responses, or any information you have marked as confidential without your explicit consent. You may withdraw permission at any time by writing to marketing@braincraft.live; we will stop using your name and logo in new materials within a reasonable period, while existing print or archived web materials may continue to display them until the next reasonable update cycle.
15. Changes to these Terms
We may update these Terms from time to time, for example to reflect changes in our Service, our pricing, or applicable law. The "Last updated" date at the top of this page always reflects the most recent revision. For material changes that affect your rights or obligations, we will give you at least 30 days' notice via email or an in-app banner before the changes take effect. For non-material changes (clarifications, typos, references), the change applies as soon as it is published. If you continue to use the Service after the effective date of a change, you accept the updated Terms. If you do not accept a material change, you may stop using the Service and close your account before the change takes effect, in which case your existing Terms continue to apply until your account is closed.
16. Governing law and dispute resolution
These Terms are governed by Belgian law, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods, on the basis that the Service Provider is currently operated from Belgium. Upon incorporation of a dedicated BrainCraft legal entity, the governing law and venue may change to align with that entity's jurisdiction. Any such change will be notified to you at least 30 days in advance in accordance with Section 15, and you will retain the right to stop using the Service before the change takes effect. We will try to resolve any dispute amicably first. Please write to legal@braincraft.live with a description of your concern; we commit to acknowledging your message within 10 working days and to attempt a resolution in good faith for at least 30 days before any litigation begins. If the dispute cannot be resolved amicably, the parties agree to submit it to mediation in accordance with the mediation rules of an internationally recognised mediation centre based in Brussels, before initiating any court proceedings. The cost of mediation is shared equally between the parties. If mediation does not resolve the dispute, the courts of Brussels, Belgium, have exclusive jurisdiction, without prejudice to any non-waivable right that a consumer has to bring proceedings in the courts of their country of residence under applicable consumer-protection law and EU Regulation No. 1215/2012.
17. General provisions
Entire agreement. These Terms, together with our Privacy Policy and Cookie Policy, and any plan-specific terms or order forms agreed in writing, constitute the entire agreement between you and BrainCraft regarding the Service and supersede any prior agreements on the same subject. Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be replaced by a valid provision that achieves, as closely as possible, the original economic and legal intent. No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be confirmed in writing to be effective. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or restructuring, on terms equivalent to those in this document. Notices. Notices we send you may use the email address associated with your account, our in-app notification system, or, where appropriate, a notice on the Service. Notices to us must be sent to legal@braincraft.live; they are deemed received on the next working day. Language. These Terms are published in English and French. Both versions have equal force; in case of conflict between the two, the language of the version you accepted takes precedence as between you and us. Relationship. Nothing in these Terms creates a partnership, employment relationship, joint venture, or agency between you and BrainCraft.
Questions about these Terms or your subscription? Write to legal@braincraft.live. For privacy questions, write to privacy@braincraft.live.