Terms of Service

Effective Date: November 1, 2025

Last Updated: November 7, 2025

Version: 1.0

1. Agreement to Terms

By accessing or using BrainUs LK ("the Platform", "Service", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Platform.

For Users Under 18:

If you are under 18 years old, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

For Parents/Guardians:

If you are a parent or guardian authorizing a minor's use of BrainUs LK, you agree to these Terms and are responsible for supervising your child's use of the Platform.

2. Eligibility and Account Registration

2.1 Age Requirements

  • Minimum Age: You must be at least 11 years old (Grade 6) to use BrainUs LK
  • Users Under 13: Require verifiable parental consent
  • Users 13-15: Parental notification and oversight recommended
  • Users 16+: Can register independently

2.2 Account Creation

To use BrainUs LK, you must:

  • Provide accurate and complete registration information
  • Choose a unique username (we will verify availability)
  • Maintain the security of your password
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities that occur under your account

2.3 Account Restrictions

You may NOT:

  • Create multiple accounts
  • Impersonate another person or entity
  • Use someone else's account without permission
  • Share your account credentials with others
  • Create an account if you were previously banned

We reserve the right to:

  • Reject or terminate accounts that violate these Terms
  • Verify your identity or age at any time
  • Suspend accounts pending investigation of violations

3. Use of the Platform

3.1 Permitted Use

BrainUs LK is designed for:

  • Educational quiz-based learning for Sri Lankan A/L and O/L students
  • Tracking academic progress and performance
  • Engaging with gamification features (cookies, spells, achievements)
  • Participating in social features (friendships, leaderboards - with appropriate privacy settings)

3.2 Prohibited Conduct

Academic Integrity:

  • Cheat, use automated tools, or exploit bugs to gain unfair advantages
  • Share quiz questions or answers outside the Platform
  • Create or distribute answer keys
  • Manipulate quiz scores or progress data

Platform Abuse:

  • Attempt to reverse engineer, decompile, or hack the Platform
  • Use bots, scripts, or automation tools
  • Overload our servers or disrupt service (DDoS attacks)
  • Bypass security measures or access restricted areas

Harmful Content:

  • Post, share, or transmit illegal, abusive, or harmful content
  • Harass, bully, or threaten other users
  • Impersonate others or spread misinformation
  • Share sexually explicit, violent, or inappropriate content
  • Engage in hate speech or discrimination

Privacy Violations:

  • Share personal information of other users without consent
  • Attempt to access another user's account or data
  • Collect or harvest user data from the Platform

Commercial Misuse:

  • Sell or transfer accounts, cookies, or spells for real money
  • Use the Platform for unauthorized commercial purposes
  • Advertise or promote external products or services

3.3 Consequences of Violations

Violations may result in:

  • Warning and temporary restrictions
  • Suspension of account and features
  • Permanent ban from the Platform
  • Reporting to authorities for illegal activities
  • Legal action for damages caused

4. Virtual Currency and Gamification

4.1 Brainu Cookies (Virtual Currency)

Important: Brainu Cookies are virtual currency with NO real-world monetary value.

  • Earning Cookies: Cookies are earned through learning activities, quiz completion, and achievements
  • Using Cookies: Cookies can be spent on Brainu Spells (power-ups) and platform features
  • No Purchases: Cookies CANNOT be purchased with real money
  • No Refunds: Cookies cannot be exchanged for real money or transferred outside the Platform
  • No Trading: Cookies cannot be sold, traded, or transferred to other users
  • Platform Control: We reserve the right to adjust cookie balances to correct errors or exploits

4.2 Brainu Spells (Power-Ups)

  • Spells are digital items purchased with Brainu Cookies
  • Spells provide temporary in-quiz advantages (e.g., hints, extra time)
  • Spells are designed to enhance learning, not create unfair advantages
  • We may modify, add, or remove spells at any time
  • No refunds for unused spells if your account is terminated

4.3 XP, Levels, and Achievements

  • XP (experience points) and levels reflect your learning progress
  • Achievements are earned by completing specific milestones
  • We reserve the right to adjust XP and achievements for fairness
  • Manipulating XP or achievements is prohibited and may result in account suspension

4.4 Leaderboards and Competition

  • Leaderboard participation is OPTIONAL (opt-in)
  • Rankings are based on XP and quiz performance
  • We may reset leaderboards periodically (daily, weekly, monthly)
  • Cheating or manipulation will result in removal from leaderboards
  • Privacy controls allow you to hide your profile from leaderboards

5. Intellectual Property Rights

5.1 Our Content

We own all rights to:

  • BrainUs LK platform design, features, and functionality
  • Quiz questions, educational content, and study materials
  • Brainu Spells, achievements, and gamification elements
  • Trademarks, logos, and branding
  • Software, code, and databases

You may NOT:

  • Copy, reproduce, or distribute our content without permission
  • Create derivative works or competing platforms
  • Remove copyright notices or branding
  • Use our trademarks without authorization

6. Privacy and Data Protection

Your use of BrainUs LK is governed by our Privacy Policy, which complies with:

  • Personal Data Protection Act No. 9 of 2022 as amended by Act No. 22 of 2025 ("PDPA")
  • GDPR principles for international best practices
  • COPPA principles for children's privacy

Your Data Protection Rights

By using the Platform, you consent to data collection and use as described in the Privacy Policy. You have the following rights under PDPA 2025:

  • Right to Access: Request copies of your personal data
  • Right to Rectification: Correct inaccurate information
  • Right to Erasure: Delete your account and data
  • Right to Data Portability: Export your data in machine-readable format
  • Right to Restrict Processing: Limit how we use your data
  • Right to Object: Object to certain types of processing
  • Right to Appeal: Appeal our decisions to the Data Protection Authority of Sri Lanka

You can exercise most rights in Account Settings or by contacting privacy@brainus.lk. We will respond within 1 month (extendable to 3 months for complex requests).

7. Disclaimers and Limitation of Liability

7.1 Educational Disclaimer

BrainUs LK is a supplementary learning tool:

  • We do not guarantee exam success or specific academic outcomes
  • Our content is for practice and self-assessment, not official exam preparation
  • You are responsible for verifying accuracy of educational content
  • We recommend using official study materials and qualified teachers

7.2 "As Is" Service

The Platform is provided "AS IS" without warranties:

  • We do not warrant that the service will be error-free or secure
  • We do not guarantee accuracy of quiz content or scoring
  • Third-party integrations (payment processors, analytics) are not under our control

7.3 Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, or consequential damages
  • Our total liability is limited to amounts paid by you in the past 12 months (or LKR 10,000, whichever is less)
  • We are not liable for data loss, service interruptions, or security breaches beyond our control

Exceptions:

  • Liability for death or personal injury caused by negligence
  • Liability for fraud or fraudulent misrepresentation
  • Other liabilities that cannot be excluded under Sri Lankan law

8. Dispute Resolution and Governing Law

8.1 Governing Law

These Terms are governed by the laws of Sri Lanka, without regard to conflict of law principles.

Applicable Legal Frameworks:

  • Personal Data Protection Act No. 9 of 2022 as amended by Act No. 22 of 2025
  • Consumer Affairs Authority Act
  • Electronic Transactions Act
  • Computer Crimes Act
  • Other applicable Sri Lankan legislation

8.2 Dispute Resolution Process

Step 1: Contact Us

Step 2: Data Protection Authority (for privacy disputes)

  • If your dispute concerns data protection or privacy rights, you may escalate to the Data Protection Authority of Sri Lanka
  • The Authority has jurisdiction over PDPA 2025 compliance matters
  • Contact details to be published when Authority is fully established
  • You have the right to appeal our decisions regarding your data protection rights

Step 3: Mediation (Optional)

  • If informal resolution fails, we may agree to mediation
  • Mediation will be conducted in accordance with Sri Lankan mediation practices

Step 4: Arbitration or Litigation

  • Disputes will be resolved in the courts of Colombo, Sri Lanka
  • For minors: Parents/guardians must represent the minor in legal proceedings
  • For cross-border disputes: Sri Lankan law and jurisdiction prevail

Consumer Protection: You retain all rights under Sri Lankan consumer protection laws, which cannot be waived by these Terms.

9. Changes to Terms

We may update these Terms from time to time:

  • Material changes will be notified via email and in-app notification
  • Continued use of the Platform after changes constitutes acceptance
  • You can review previous versions in our Terms Archive

Notification Timeline:

  • Major changes: 30 days' notice
  • Minor clarifications: Effective immediately

10. Contact Information

For questions, concerns, or support:

Business Status: BrainUs LK is a pre-launch startup. Formal business registration will be completed prior to platform launch in accordance with Sri Lankan business registration requirements.

11. Acknowledgment

By clicking "I Agree" during account registration, you acknowledge that:

  • You have read and understood these Terms of Service
  • You have read and understood our Privacy Policy, including our PDPA 2025 compliance measures
  • You understand your data protection rights under the Personal Data Protection Act
  • You consent to cross-border data transfers as described in our Privacy Policy
  • You understand your right to appeal to the Data Protection Authority
  • You agree to be bound by these Terms
  • If you are under 18, your parent or guardian has reviewed and agreed to these Terms
  • You will comply with all applicable laws and regulations

PDPA 2025 Compliance

BrainUs LK is committed to compliance with the Personal Data Protection Act No. 9 of 2022 as amended by Act No. 22 of 2025. This includes transparent data processing, respect for your data protection rights, secure cross-border data transfers, timely responses to rights requests, clear appeal procedures, and regular compliance audits. For detailed information about how we protect your data, please review our Privacy Policy.