User Agreement:
Braintiq
Introduction
This User Agreement is a legally binding agreement between you ("User") and OmnitechWorks (Pty) Ltd ("the Company"), governing your access to and use of the Braintiq platform, including its Progressive Web Application (PWA), features, and related services.
By accessing or using the platform, you confirm that you have read, understood, and agreed to be bound by this Agreement.
Contractual Capacity
2.1 You warrant that you have the full legal capacity to enter into this Agreement.
2.2 In terms of the Children's Act 38 of 2005, persons under the age of 18 are classified as minors.
2.3 If you are a minor, you may only use the platform with the aid and consent of a parent or legal guardian.
2.4 The parent or guardian accepts full responsibility for the minor's use of the platform and compliance with this Agreement, supervision of activities, and any consequences arising from misuse.
Description of Services
3.1 The platform provides AI-powered academic support tools, including but not limited to:
- AI-assisted learning and tutoring (interactive guidance and explanations)
- Spaced repetition systems (tools for memorising and recalling content)
- Academic content analysis (summarisation and critique of texts)
- Habit and productivity tracking (tools to monitor study routines)
- Mathematical rendering tools (visualisation of equations and formulas)
3.2 The platform is intended as a support tool only and does not replace independent learning, institutional instruction, or professional academic services.
User Responsibilities and Conduct
4.1 You agree to use the platform lawfully and in accordance with your academic institution's rules and policies.
4.2 You may not:
- Use the platform to engage in plagiarism, academic dishonesty, or misrepresentation of work
- Reverse engineer, copy, modify, or exploit the platform, along with its software and content
- Use the platform for unlawful or harmful purposes
4.3 You remain solely responsible for how you use any output generated by the platform, including ensuring compliance with academic integrity policies.
AI Limitations and Disclaimer
This clause should be read carefully. The platform relies on artificial intelligence which is inherently subject to error.
5.1 The platform uses artificial intelligence which may produce inaccurate, incomplete, or misleading information.
5.2 The Company makes no warranties regarding accuracy and reliability, or fitness for academic or professional purposes.
5.3 The platform is provided on an "as is" and "as available" basis. Users are advised to verify outputs before relying on them.
Privacy and Data Protection (POPIA)
6.1 The Company processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
6.2 Personal information is collected for purposes including account creation and management, service delivery and improvement, and user support and communication.
6.3 Your information may be stored, processed, or transferred to third parties or jurisdictions where necessary to provide the platform.
6.4 You have the right to access your personal information, request correction or deletion, and object to processing where applicable.
6.4.1 Requests must be submitted in writing to the Company's Data Protection Officer. These will be acknowledged within 7 business days.
6.4.2 Corrections or deletions will be processed within 20 days, unless prohibited by law.
6.5 Data is retained for the duration of the Agreement and for up to 2 years thereafter for compliance purposes.
6.6 The Company uses industry-standard encryption and access controls to safeguard personal information.
6.7 Full details are contained in the Privacy Policy, which forms part of this Agreement.
User Content
7.1 You retain ownership of any content you upload.
7.2 You grant the Company a non-exclusive, royalty-free licence to use such content for providing services, improving platform functionality, and training and refining AI systems.
Account Security
8.1 You are responsible for maintaining the confidentiality of your account credentials.
8.2 Any activity under your account is deemed to be authorised by you, and you accept liability for such activity unless proven otherwise.
Termination
9.1 You may terminate your account at any time by submitting a written request or using the platform's account closure function.
9.1.1 Institutions must provide 60 days' written notice.
9.2 The Company may suspend or terminate access immediately for breach, misuse, or security risks.
9.3 Upon termination, user access will cease. Certain data may be retained as required by law or for legitimate business purposes.
Indemnity
You agree to indemnify the Company against any claims, damages, or losses arising from misuse of the platform, breach of this Agreement, or violation of any law or institutional policy. This indemnity extends to third-party claims resulting from your conduct.
Limitation of Liability
This clause limits your rights and must be read carefully before using the platform.
11.1 This clause limits your rights and must be read carefully.
11.2 To the maximum extent permitted by law, the Company shall not be liable for indirect or consequential damages, academic outcomes or performances, loss of data or business, or service interruptions or reliance on outputs.
11.3 Nothing in this Agreement excludes liability for gross negligence where prohibited by law.
Dispute Resolution
12.1 Parties shall first attempt resolution by means of negotiation.
12.2 If unresolved, disputes shall be referred to mediation under the Arbitration Foundation of Southern Africa (AFSA).
12.3 Arbitration shall be conducted in English, unless agreed otherwise.
12.4 Costs shall be shared equally unless the arbitrator directs otherwise.
Governing Law
This Agreement is governed by the laws of the Republic of South Africa. Any disputes shall be resolved under the jurisdiction of South African courts. Proceedings shall be conducted in English unless agreed otherwise.
General Provisions
Severability: If any clause is found to be invalid, the remainder of this Agreement continues to be enforceable.
Non-waiver: Failure to enforce any right under this Agreement does not constitute a waiver of that right.
Assignment: Users may not assign rights under this Agreement without prior written consent from the Company.
Entire Agreement: This Agreement, together with the Terms and Conditions and Privacy Policy, constitutes the full understanding between the parties.