Terms & Conditions

By creating an account, signing in, or using BrainSpark (the “Service”), you accept these Terms & Conditions (the “Terms”) and our Privacy Policy. If you do not accept, you must not use the Service. These Terms form a legally binding agreement between you (the “User”) and the operators of BrainSpark (“we”, “us”, “our”).

BrainSpark is designed for school-aged students (primarily Years 6–8) and their parents, guardians, or teachers. If the User is under 18, the User confirms that a parent or legal guardian has reviewed these Terms and consents to the use of the Service. If the User is under 13, the User must have express parental consent, and an adult must supervise account setup and use. Parents and guardians accept responsibility for their child's use of the Service.

Parental consent for accounts under 13. During signup, students under 13 must provide a parent or guardian's name and email address. On the first signed-in session, the parent/guardian must tick an acknowledgement box in the presence of the child to confirm they have reviewed these documents and consent to the child's use of the Service. This constitutes self-declared consent. BrainSpark reserves the right to require verified consent (e.g. email-verification or equivalent) in a future version; Users will be prompted to re-consent at that point.

BrainSpark is an unaffiliated educational practice tool. It is not:

• An official resource of the NSW Department of Education, NESA, or any examination board.
• Affiliated with, endorsed by, or sponsored by any school, selective-entry program, or government body.
• A substitute for classroom instruction, a qualified teacher, a textbook, or an official exam resource.
• A guarantee of exam success, placement, scholarship, or any academic outcome.

You acknowledge and accept each of the following risks:

(a) Answers and explanations may be incorrect. Question content, worked solutions, hints, and method cards are produced by a mix of human editors and AI tools. They may contain errors, ambiguities, outdated information, or explanations that diverge from what a particular teacher or exam board would accept.

(b) AI-generated content is experimental. The Service uses large language models including (without limitation) Google Gemini and DeepSeek. These models can hallucinate (fabricate facts), produce inconsistent or biased output, generate inappropriate content despite guardrails, and fail silently. Output will vary between sessions for the same input.

(c) AI writing grading is indicative only. The writing-grading feature returns an approximate assessment for practice purposes. It is not equivalent to an official examiner's mark, not calibrated to any specific exam rubric, and must not be relied upon as a predictor of actual exam performance or placement outcomes.

(d) Coaching, diagnostic, and Socratic features are experimental. Features marked “Experimental” in the interface (including “Get Coaching”, “Coach me through this”, and AI chat companions) may provide pedagogically inappropriate, incomplete, or incorrect guidance. Such features must not be used as a primary source of learning.

(e) Percentile, readiness, and trajectory estimates are heuristic. The Service may present a “readiness score”, “estimated percentile”, projected trajectory, or cohort comparison. These are rough estimates derived from simple heuristics and limited data. They are not validated psychometrics and must not be used to make placement or investment decisions.

(f) You must verify. Before trusting any answer, explanation, grade, feedback, or recommendation from BrainSpark, you must verify with a qualified teacher, your school curriculum, an authoritative textbook, or an official exam resource.

You use BrainSpark entirely at your own risk. Neither BrainSpark nor its operators, developers, contributors, or associated parties accept responsibility for:

• Incorrect answers, solutions, or AI grading consumed through the Service.
• Educational, study-plan, or enrolment decisions made on the basis of Service content.
• Exam results, placement outcomes, scholarship outcomes, or any academic or career consequences.
• Emotional or psychological impact of AI-generated feedback or assessment.
• Time spent practising incorrect or misleading content.
• Third-party AI provider outages, policy changes, or data handling decisions.

You agree NOT to:

• Share your account credentials with any other person.
• Use automated scripts, scrapers, crawlers, or bots against the Service.
• Attempt to reverse-engineer, decompile, circumvent authentication, or bulk-export content or questions.
• Submit obscene, harassing, discriminatory, or unlawful content through writing submissions or chat features.
• Misrepresent your age, identity, or consent status.
• Resell, sublicense, republish, or commercially exploit any part of the Service.
• Use the Service in a manner that violates any law or third-party right.

Breach of this clause may result in immediate termination without notice and, where applicable, referral to law-enforcement authorities.

BrainSpark content (questions, solutions, method lessons, visual explainers, diagrams, and associated metadata) is proprietary. You receive a personal, non-exclusive, non-transferable, revocable licence to use it solely for your own learning. You may not redistribute, republish, aggregate, scrape, or commercially reuse the content.

Your writing submissions remain your property. By submitting, you grant BrainSpark a non-exclusive, royalty-free, worldwide licence to process your text through AI systems, generate grading feedback, store it within your account, and use anonymised, aggregated signals (never the raw text) to improve the Service.

“BrainSpark” and associated branding are proprietary. The “NSW Selective High School Placement Test” name, associated marks, and any school or board trademarks belong to their respective owners. BrainSpark has no affiliation with, endorsement from, or sponsorship by any such entity.

The Service relies on third-party services including (without limitation) Google Firebase, Google Cloud, Google Gemini, and DeepSeek. Your use is subject to those providers' terms and privacy policies. BrainSpark is not responsible for third-party outages, policy changes, data handling, or content-moderation decisions. See our Privacy Policy for details on what data is shared with these providers.

The Service is provided “as is” and “as available”, without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, continuous availability, or accuracy of any content or AI-generated output. To the maximum extent permitted by law, all warranties are disclaimed.

To the maximum extent permitted by law, BrainSpark, its operators, developers, and contributors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including (without limitation) lost data, lost opportunity, lost educational outcomes, lost placement results, reputational harm, or emotional distress, arising from or in connection with your use of the Service, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising out of or in connection with these Terms or the Service shall not exceed the greater of (a) the amount you have paid to BrainSpark in the twelve months preceding the claim, or (b) AU$10.00.

You agree to indemnify, defend, and hold harmless BrainSpark, its operators, developers, and contributors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law; or (d) your violation of any third-party right.

BrainSpark may suspend or terminate your access at any time, with or without notice, for breach of these Terms, suspected misuse, non-use, or at its sole discretion. You may delete your account at any time by contacting us (see Section 17). Certain obligations (including Sections 7, 9, 10, 11) survive termination.

BrainSpark may update these Terms. When we make material changes, we will (a) post the new version at this URL with an updated version number and effective date, and (b) require you to re-accept the Terms before continuing to use the Service. Continued use after acceptance constitutes your agreement to the updated Terms.

These Terms are governed by the laws of New South Wales, Australia. Any dispute arising out of or in connection with these Terms or the Service shall be resolved exclusively in the courts of New South Wales, and you submit to the exclusive jurisdiction of those courts.

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision shall be interpreted to give maximum effect to the parties' original intent.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and BrainSpark regarding the Service and supersede any prior agreements or understandings.

Questions, takedown requests, data-access requests, or concerns:

srinipatil@gmail.com