Terms of Service

1. Agreement

These Terms of Service ("Terms") are a legal agreement between you (individually or on behalf of an institution) and BrainJam ("we", "us") for use of the Scaffold platform and related services ("Service"). By accessing or using the Service, you agree to these Terms.

If you are using the Service on behalf of an educational institution or organisation, you represent that you have authority to bind that entity to these Terms.

2. Service Description

Scaffold is a cloud-based content authoring platform that integrates with Learning Management Systems via LTI 1.3. The Service enables educators to create, manage, and deliver interactive course content.

3. Accounts and Access

3.1 LTI Access

Most users access Scaffold through their institution's LMS via LTI 1.3. Authentication is handled by the LMS — Scaffold does not create or manage separate passwords for LTI users.

3.2 Direct Accounts

Some features (e.g., waitlist registration, admin dashboards) may require a direct account. You are responsible for maintaining the security of your account credentials.

3.3 Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorised access to the Service or its infrastructure
• Upload malicious code, viruses, or harmful content
• Interfere with or disrupt the Service
• Reverse-engineer, decompile, or disassemble the Service
• Use the Service to infringe on others' intellectual property rights
• Resell or sublicense the Service without our written permission

4. Content and Intellectual Property

4.1 Your Content

You retain all rights to content you create using Scaffold. We do not claim ownership of course content, assessments, media, or other materials authored by you or your institution. By using the Service, you grant us a limited licence to host, store, and transmit your content solely to operate the Service.

4.2 Student Data

Student data processed via LTI belongs to the institution. We process it solely as instructed under our Data Processing Agreement. We do not use student data for advertising, profiling, or any purpose beyond delivering the Service.

4.3 Our Intellectual Property

The Service, including its software, design, templates, documentation, and branding, is owned by BrainJam and protected by applicable intellectual property laws. These Terms do not grant you any right to our trademarks, logos, or brand assets.

4.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation or compensation. This does not apply to your content or student data.

5. Subscription and Payment

5.1 Plans

The Service is offered under various plans as described on our website. Features, limits, and pricing may vary by plan.

5.2 Billing

Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as described in Section 5.4.

5.3 Price Changes

We may change pricing with at least 30 days' notice. Price changes take effect at the start of the next billing cycle.

5.4 Cancellation

You may cancel your subscription at any time. Access continues until the end of the current billing period. Institutional contracts may have separate cancellation terms.

6. Data Protection and Compliance

6.1 Privacy

Our Privacy Policy explains how we collect and process personal data.

6.2 Institutional Data Processing

For institutional customers, data processing is governed by our Data Processing Agreement (DPA), which incorporates EU Standard Contractual Clauses and UK International Data Transfer Addendum where applicable.

6.3 FERPA

For US educational institutions, we act as a "school official" under FERPA and comply with the requirements described in our Privacy Policy.

6.4 Security

We maintain appropriate technical and organisational measures to protect your data. Details are available on our Security page.

7. Service Availability

7.1 Uptime

We use commercially reasonable efforts to maintain Service availability. Institutional customers may have specific uptime commitments in their service agreements.

7.2 Maintenance

We may perform scheduled maintenance with reasonable advance notice. Emergency maintenance may occur without notice to address security issues or critical bugs.

7.3 Modifications

We may update, modify, or discontinue features of the Service. For material changes that reduce functionality, we will provide at least 30 days' notice.

8. Termination

8.1 By You

You may stop using the Service at any time. To close your account, contact us at [email protected].

8.2 By Us

We may suspend or terminate your access if you breach these Terms, engage in prohibited conduct, or if required by law. We will provide reasonable notice except in cases of serious breach or legal obligation.

8.3 Effect of Termination

Upon termination:

• Your right to use the Service ends
• We will make your content available for export for 30 days
• Institutional data is handled per the DPA (deletion or return within 90 days)
• Sections that should survive termination (liability, IP, disputes) remain in effect

9. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind, whether express or implied
• We are not liable for indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim arising from these Terms or the Service shall not exceed the fees you paid in the 12 months preceding the claim

Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

10. Indemnification

You agree to indemnify and hold BrainJam harmless from claims arising from your breach of these Terms, your content (excluding student data), or your violation of applicable law. We will indemnify you against claims that the Service infringes a third party's intellectual property rights.

11. Dispute Resolution

These Terms are governed by the laws of England and Wales. Any disputes shall be resolved in the courts of England and Wales, except where consumer protection laws grant you the right to bring proceedings in your local jurisdiction.

For institutional customers, dispute resolution terms may be specified in the institutional agreement.

12. General

• Entire agreement: These Terms, together with the Privacy Policy and any applicable DPA, constitute the entire agreement between you and BrainJam.
• Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
• Waiver: Failure to enforce a provision does not waive our right to enforce it later.
• Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: Neither party is liable for delays or failures caused by events beyond reasonable control.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice on our website at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes acceptance.

14. Contact

• Email: [email protected]
• Website: brainjam.works