Terms of Service

These Terms of Service ("Terms") govern your use of Brainy Brush operated by Brain Wave Education. By creating an account or using the service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the service.

• Accounts must be created and managed by an adult parent or legal guardian aged 18+.
• You represent that you have authority to provide a child's birth date and to consent to processing of the child's drawings, voice, and related content.
• You are responsible for supervising the child's use of Brainy Brush and for device permissions (microphone, notifications, storage).
• Where local law requires parental consent for children below the digital consent age, you must complete the in-app parental consent step before enabling AI voice features.

• Brainy Brush provides a drawing canvas, optional AI voice guidance, animations, exports, and subscription features.
• AI responses are generated automatically and may be inaccurate or incomplete. They are not professional advice.
• Free and premium tiers include usage limits described in the app. We may change limits with reasonable notice.
• We may modify, suspend, or discontinue features to maintain safety, legal compliance, or service quality.

• No harassment, illegal content, or attempts to extract personal data from children.
• No reverse engineering, scraping, or abuse of API quotas.
• No misrepresentation of age, identity, or guardian status.
• Do not upload content you lack rights to use.

• Premium subscriptions are billed through Authorize.net hosted checkout.
• Prices, renewal periods, and cancellation steps are shown before purchase.
• Except where required by law, fees are non-refundable once a billing period has started.
• You may cancel to stop future renewals; access continues until the period ends.

• You retain ownership of drawings and exports you create.
• You grant us a limited license to host, process, transmit, and display content solely to operate Brainy Brush (including sending content to AI/animation providers you invoke).
• You may export or delete content through in-app tools subject to technical and legal retention limits.

Our collection and use of personal data is described in the Privacy Policy, including child data practices under COPPA and GDPR.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAIN WAVE EDUCATION WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $50.

• You may delete your account at any time in privacy settings.
• We may suspend or terminate accounts that violate these Terms or pose a safety or legal risk.
• Sections that by nature should survive (liability limits, governing law) survive termination.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules, except where mandatory consumer protections in your country of residence apply. EU/UK consumers may also bring claims in their country of residence where required by law.

Questions about these Terms: support@bwaveedu.com
Last updated: 2026-06-14