Terms of Use

These terms are an agreement between you and D CARMELI & Y CARMELI (ABN 38 499 440 440) (“Branchy”, “we”, “us”). They cover the Branchy website, the web app (including the voice tutor and the exam marker) and the Branchy apps for iPhone and Android. By creating an account or using Branchy, you agree to these terms and to our Privacy Policy.

If you're under 18, you can use Branchy, but a parent or guardian must know you're using it and agree to these terms with you. Where you pay for anything, the payment should be made or approved by a parent or guardian.

If you don't agree to these terms, don't use Branchy.

You need an account to use the tutor and the exam marker. When you create one:

• give us accurate details, and keep your password to yourself
• use your account yourself; don't share it or let anyone else use it
• tell us straight away if you think someone else has got into it

You're responsible for what happens under your account. You can close it at any time in Settings.

Branchy is a study aid. It uses AI to tutor you and to mark and explain practice exams.

• AI can be wrong.The tutor's explanations and the marker's marks may contain mistakes. Check anything that matters with your teacher, and report questions you think were marked wrongly.
• It isn't an official result.Branchy's marks are not VCAA marks, and they don't predict your study score or ATAR.
• No guaranteed results.We work hard to help you improve, but we can't promise any particular mark, score or outcome.
• It doesn't replace your school.Branchy works alongside your teachers. It isn't a substitute for them.

We're a young product and we change Branchy often. Features may be added, changed or removed.

You can upload exams you've attempted so Branchy can mark them and explain your mistakes. Many practice exams, such as commercial trial exams, are protected by copyright and owned by their publishers. So uploads come with these rules.

What you may upload.Only papers you've legitimately obtained, for example through your school, by buying them, or because they're published free (such as past VCAA exams), and only your own attempts.

What it's for.Your personal study. Uploading a paper lets Branchy mark your own work and give you feedback. It doesn't give you, us or anyone else the right to share the paper.

What you must not do.Don't use Branchy to copy, share, sell or distribute exams or solutions, or to give anyone access to papers they haven't obtained themselves. Don't upload material you know you aren't allowed to have, such as an exam before it has been sat or papers you got from someone who wasn't allowed to share them.

What we do with your uploads. Your uploads stay private to your account:

• we use them only to provide Branchy to you: to read, mark and explain them, find patterns in your mistakes and build your revision
• we don't show them to other students, use them to mark anyone else's work, or add them to any shared question bank
• we don't use them to train AI models
• a teacher you've connected to can see your marked questions, read-only, and only while you stay connected
• we look at an individual question only when you report it, or when we need to deal with a complaint or a legal request

Your permission to us. You keep whatever rights you have in your uploads. You give us permission to store, copy and process them, including sending them to our service providers as our Privacy Policy describes, only as needed to provide Branchy to you. That permission ends when you delete the upload or your account.

Your responsibility.You're responsible for having the right to upload what you upload. If you break this section, we may remove the material and suspend or close your account (section 10).

We respect publishers' rights. If you own the copyright in material you believe has been uploaded to Branchy in breach of these terms, email brainwavetute@gmail.com with:

1. your name and contact details, and who you represent
2. the work you own, such as the publisher, exam title and year
3. why you believe it has been uploaded without permission, and any detail that helps us find it
4. a statement that the information in your notice is accurate

We'll acknowledge your notice within <<FILL IN — e.g. 2>>business days, look into it, and remove or disable access to the material where appropriate. We'll close the accounts of people who repeatedly break section 4.

Use Branchy for learning. Don't:

• use it to cheat on assessed work, such as a SAC, school assessment or exam, in a way your school or VCAA doesn't allow
• break the law, or infringe anyone's copyright or other rights
• harass, threaten or upload anything offensive, or share other people's personal information
• try to get into other people's accounts or data, or get around our security or usage limits
• copy, scrape, reverse-engineer or resell Branchy, or use it to build a competing product
• overload or disrupt Branchy, or use bots or automated tools without our written permission

Some parts of Branchy are free, and some are paid. Current plans and prices, in Australian dollars, are on our pricing page. Payments are processed by PayPal under its own terms; we never see your card or bank details.

• One-off sessions and creditsare charged once, when you buy them. Credits don't expire.
• Weekly plans are charged every week until you cancel. You can cancel at any time in your PayPal account, or by emailing us at brainwavetute@gmail.com. Cancelling stops future charges; the week you've already paid for runs to its end.
• Price changesdon't affect anything you've already paid for. We'll tell you before a price change applies to a weekly plan, so you can cancel first.
• Refunds. <<FILL IN — your refund policy>>. Nothing in these terms limits your rights under the Australian Consumer Law, including a refund or replacement if a service has a major failure.

A teacher, tutor or parent can create a teacher account and connect to a student who gives them their link code. A connected teacher gets a read-only view of that student's progress.

If you have a teacher account, you agree to:

• connect only to students who have chosen to share their code with you
• use what you see only to support that student's learning, and keep it confidential
• follow your school's own rules on student privacy and consent

Students can disconnect a teacher at any time in Settings.

Branchy itself, including its software, design, name, logo, mascot, tutor explanations and lesson content, belongs to us or our licensors. We give you a personal, non-transferable permission to use it for your own study while you follow these terms.

Past VCAA exams and their marking guides belong to VCAA. Commercial trial exams belong to their publishers. Nothing in these terms gives you rights in anyone else's material.

If you send us feedback or ideas, we may use them to improve Branchy without owing you anything.

You can close your account at any time in Settings. Closing it deletes your data as our Privacy Policy describes.

We may suspend or close your account, or remove material, if you seriously or repeatedly break these terms, if we must by law, or to protect other users or Branchy. Where it's reasonable, we'll tell you why first and give you a chance to fix the problem. If we close your account for a reason other than your breach, we'll refund any unused prepaid credits or sessions.

Under the Australian Consumer Law, our services come with guarantees that can't be excluded, including that they'll be provided with due care and skill. Nothing in these terms excludes, restricts or changes those rights.

To the extent the law allows:

• we provide Branchy “as is”, and we don't promise it will always be available, error-free or right
• we're not responsible for decisions you make based on Branchy's tutoring or marking, or for any mark, score or result you get
• we're not liable for indirect or consequential loss
• where our liability for a failure to meet a consumer guarantee can be limited, it is limited to supplying the service again or paying the cost of having it supplied again

You're responsible for material you upload. If a claim is made against us because you broke section 4 or section 6, you agree to cover our reasonable costs of dealing with it, except to the extent we caused the problem.

Changes.We may update these terms as Branchy changes. The date at the top shows the latest version. If a change significantly affects you, we'll tell you by email or in the app before it takes effect, and may ask you to agree again. If you don't agree, you can close your account.

Governing law. These terms are governed by the laws of Victoria, Australia, and the courts of Victoria have jurisdiction.

Contact. Questions about these terms: brainwavetute@gmail.com. Copyright complaints: see section 5.