Welcome to Brian, a suite of digital educational services operated by Brian AG (Stäblistrasse 11, 8006 Zürich, Switzerland). Your use of our services is subject to the following Terms and Conditions, as well as Brian’s data privacy policy. By using our services, you agree to these terms.

1. Eligibility

Our services are intended for teachers and students who are above the age of 13, although they are accessible to all ages. By using Brian, you confirm that your use of the service complies with all applicable laws and regulations and if you are a minor, with the consent of your legal guardian.

2. Brian Account and Data

When creating an account on our platform, you are responsible for maintaining the security of your account and associated data. All activities that occur under your account are your responsibility. Each account is for individual use, intended for a single person, and cannot be shared with others. Please notify Brian immediately if you notice any unauthorized use of your data, your account, or any other security breaches. Brian cannot be held liable for any actions or omissions by you, including any damages incurred as a result of such actions or omissions.

3. Subscription

Teachers may start using Brian for free without providing a payment method. After your trial phase, you may choose to purchase a subscription plan. Subscriptions can be purchased individually by teachers or by institutions via a campus license.

• Subscriptions renew automatically at the end of their respective period, unless cancelled before the expiration of the then current subscription term.
• You may cancel your subscription at any time.
• We reserve the right to cancel your subscription at any time for any reason.
• We may revise subscription prices occasionally, and will notify you in advance of any changes.

4. Premium Content

Some students may have the right to purchase exclusive content from their teachers.

5. Responsibility of students

Students are expected to conduct themselves in an ethically appropriate manner on the platform. This includes the choice of their playernames and their interactions in discussion forums. Any behaviour or language deemed discriminatory, offensive, or ethically reprehensible is strictly prohibited. Violation of this conduct may result in permanent expulsion from the platform.

6. Responsibility of teachers

6.1 Content Creation

Teachers who create courses, questions, explanations, etc, are solely responsible for the content and any harm resulting from it. This applies to all content formats, including text, graphics, audio files, software, etc. By uploading content, teachers assert and guarantee that:

• The content does not infringe on any third-party proprietary rights, including but not limited to copyright, patent, trademark, or trade secret rights.
• You have complied with all third-party licenses related to the content.
• The content is not spam and does not contain unethical or unwanted material.

Brian does not review any content created. Teachers are responsible for their content, whether generated using AI, manually, or via import. Brian is not responsible for any errors that may occur. Teachers will hold Brian harmless from any claims of violation of third-party proprietary rights in connection with their content.

6.2 Learning Analytics

Teachers are granted access to learning analytics to aid in improving the quality of education provided. However, this data must be used responsibly and ethically. Any misuse of learning analytics, such as using it for discrimination or any other violation of law, is strictly prohibited. The primary and only purpose of access to these learning analytics is to enhance the educational experience and outcomes for all learners.

Licence

Brian grants you a non-exclusive, limited license to use the services and our platform for its intended use and subject to these terms and conditions. All intellectual property rights pertaining to the services and platform remain with Brian.

Any content provided to you via the platform remains your intellectual property and Brian will not share it without your consent.

8. Trademarks

The Brian mark and logo are registered trademarks and may not be used without Brian's explicit consent.

9. Limitation of Liability

Brian provides its services "as is" and to the extent legally permissible, disclaims any warranty and liability.

10. Individual Terms

These standard terms may not apply if we have agreed to other terms individually.

11. Jurisdiction

These terms and conditions and your use of the platform are subject to substantive Swiss law excluding its conflict of law provisions. The jurisdiction for any disputes is Zürich, Switzerland, although we hope to resolve any issues amicably before legal action becomes necessary.