Welcome to BrainySpinach Math and our website at www.brainyspinach.com (our “website”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and BrainySpinach Math governing the use of our website and our Services. We licence use of our website to you on the basis of these Terms. We do not sell our website to you, and we remain the owner of our website at all times.
KEY TERMS
In these Terms, unless the context otherwise requires:
- “BrainySpinach”, “we”, “us”, or “our” means BrainySpinach Math Ltd, a company registered in the United Kingdom.
- “you” or “your” means the customer, parent, or legal guardian using our Services.
- “Services” means all educational classes, digital content, tutoring, live or on-demand sessions, and related offerings provided by us.
- “Contract” means the legally binding agreement between you and us for the supply of Services.
- “Child” means a person under the age of 18 who receives the Services under adult supervision or registration.
- “Booking” means the process of registering for or purchasing access to any of our Services.
- “Credit” means any amount applied to your account as a refund or rescheduling balance, usable toward future Services.
- “Session” or “Class” means any scheduled live or pre-recorded educational activity offered by us.
- “Digital Content” means recordings, learning materials, or other online resources made available as part of the Services.
1. ABOUT US
1.1. We are BrainySpinach Math Ltd – Company No. 13904376 – of 22 Emma Street, Accrington, England, BB5 1SW, UK (“BrainySpinach Math”, “we”, “us”, “our”).
1.2. To contact us, please use hello@brainyspinach.com, call +44 7469 722234 or write to us at the above address.
1.3. These Terms were last updated on 8th August 2025, and are the current and valid version.
1.4. The BrainySpinach Math name and logo as well as related marks, emblems and images are trademarks of BrainySpinach Math Ltd. All rights reserved © 2025 BrainySpinach Math Ltd.
2. TERMS OF USE
2.1. The provisions set out in these Terms govern your access to and your use of our website, social media and Roblox Games, and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website, social media or Roblox Games.
2.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our website, social media and Roblox Games on these Terms.
2.3. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to our website, social media, Roblox Games or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
2.4. The following additional terms also apply to your use of our website and form part of these Terms:
2.4.1. Our Privacy Policy;
2.4.2. Our Cookie Policy; and
2.4.3. Our Safeguarding Policy.
3. OUR SERVICES AND ACCESS LICENCE
3.1. We provide Roblox Maths Classes and Games for Neurodivergent Children and auxiliary services (“Classes”) and On-Demand Sessions (“Sessions”), collectively the “Services” as set out on our website.
3.2. Subject to these Terms all Contents, Deliverables and Fees of our Services shall be as set out on our website and the relevant subpages.
3.3. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Services on these Terms.
3.4. You agree that your access and use of the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
3.5. We reserve the right to revoke any licence to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, or we no longer consider the services as commercially viable, our instructor is no longer available. In such cases appropriate notice will be given to all users.
4. FAIR USE POLICY
4.1. Each Roblox class runs on a private server with a fixed capacity (typically 5 – 100 players) to keep gameplay smooth and tutoring effective.
4.2. Only the named child whose enrolment fee has been paid is guaranteed a spot and full tutor support.
4.3. If a space is still free at the scheduled start time, a sibling or friend in the same household (an “Incidental Joiner”) may join free of charge after adding the tutor as a Roblox friend.
4.4. Incidental Joiners must not request help unless the tutor invites them to do so, and must leave immediately if the tutor asks.
4.5. The tutor may remove an Incidental Joiner at any time to protect lesson flow or meet safeguarding requirements.
4.6. Incidental Joiners are not customers and are not entitled to feedback, grading, prizes, or priority in activities; their access is permissive and can be withdrawn at any moment
4.7. These rules also apply to an enrolled student who joins the server while not physically present with another current student.
4.8. Deliberate attempts to avoid fees—such as logging in on multiple devices, repeatedly re-joining after removal, or receiving off-screen coaching—constitute excessive use. Parents will be notified first; persistent misuse may lead to suspension of access.
5. THIRD PARTY TOOLS AND SOFTWARE
5.1. You acknowledge that our Services may require, correspond with, services from third parties via third-party websites and software (“Third Party Services”).
5.2. We make no representation or commitment and shall have no liability or obligation whatsoever in relation to any such Third Party Services, or any transactions completed, and any contract entered into by you, with any such third party.
5.3. You are responsible for ensuring that the technical requirements for access to and use of the Third Party Services are met. This applies in particular to the hardware and operating system software used, the connection to the Internet, the firewall settings (if any) and the current browser software.
5.4. You agree to carry out necessary and reasonable adjustment measures yourself and shall bear the costs for the Internet connection in order to be able to access the Services.
5.5. We do not guarantee that the Third Party Services used can actually be used with the User’s device.
5.6. You are responsible for all data-related charges that you may incur for using our Services, including, without limitation, mobile, text-messaging, and data charges. You should understand or ask your service provider what charges you may incur before using our Services.
6. AGE RESTRICTIONS
6.1. The Services are intended for the benefit of children; however, all bookings, purchases and account registrations must be made by individuals aged 18 or over.
6.2. By using the Services, you confirm that you are either:
6.2.1. a parent or legal guardian acting on behalf of a child; or
6.2.2. an individual with legal authority to provide consent for a child’s participation.
6.3. We do not knowingly enter into contracts with minors. If we become aware that a user has made a booking or provided personal information in breach of this clause, we reserve the right to suspend or terminate access to the Services.
6.4. We may request proof of age or legal authority where necessary to comply with applicable safeguarding and privacy laws.
7. HOW THE CONTRACT IS FORMED
7.1. You can ask to book a class (a “Booking Request”) by:
7.1.1. clicking Book a Class, Book now, or any similar button on our website
7.1.2. completing the New Customer form or any similar button in TutorCruncher
7.1.3. contacting us directly by email, phone or WhatsApp
7.2. In every case for 6.1 you are offering to buy the Service shown at the price displayed when you press Submit/Book.
7.3. TutorCruncher will automatically email you an Acknowledgement confirming we have received your Booking Request. This is not our acceptance.
7.4. A binding contract is made only when we send you a Booking Confirmation email (or mark the booking as “Confirmed” in your Customer Panel). We normally confirm within 24 hours. If we decline your request, we will refund any payment in full.
7.5. IBy placing a Booking Request you confirm that you are (a) at least 18 years old and (b) authorised to make the booking and payment on behalf of the student(s).
7.6. You may ask to reschedule or amend a confirmed booking in line with our Rescheduling & Cancellation Policy. Changes are not effective until we confirm them in writing.
7.7. If information in the Booking Confirmation conflicts with anything on the website, the Confirmation wins. The Confirmation, these Terms and the policies it references form the entire agreement between us.
7.8.A contract with you shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling, or licensing our Services and/or Services which are similar to those provided to you.
8. CONTRACT TERM
8.1. The Contract term (“Term”) begins as of the date mentioned in the Confirmation email (“Commencement Date”) and continues for the duration of the Services as specified and confirmed at the time of your Confirmation.
9. FEES AND PAYMENT
9.1. All fees and service costs (“Fees”) are inclusive of the applicable statutory value added tax.
9.2. All Fees are accepted by you at the time of Contract and must be paid in GBP.
9.3. Failure to make payment of the Fees may result in the suspension or termination of your access to our Services.
9.4. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
9.5. All payments shall be made by using bank transfer; in the case of class bundles, payments shall be made by either bank transfer, Stripe, PayPal or Klarna. We shall not be liable for any failure, disruption, or error in connection with your payment.
9.6. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
9.7. We reserve the right, by giving notice to you at any time before Service Delivery, to increase our Fees to reflect any increase in our costs which are due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of transportation), any change in performance dates, quantities or specifications for the Services which are requested by you, or any delay caused by your instructions or provision of adequate information
10. CHARGEBACKS, PAYMENT DISPUTE OR SECTION 75 CCA 1974 CLAIMS
10.1. You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer or payment wallet provider in relation to any purchase. If you make a payment through and later dispute a legitimate charge by raising a chargeback or payment dispute without merit or legitimate reason (as determined in our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback or payment dispute request and/or pursue legal action as the case may be.
11. LATE PAYMENT
11.1. Without prejudice to any other right or remedy that we may have, if you fail to pay us any sums on the due date, we may:
11.1.1. suspend all Services until payment has been made in full
11.1.2. claim interest on any late payment allowed by legislation
11.1.3. refer any missed payments to a debt collection agency and will charge you a fee in respect of failed payments and/or collection letters sent to you
11.1.4. terminate the agreement and any services with immediate effect
12. COOLING OFF
12.1. You have the legal right to cancel your contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the confirmation of the contract.
12.2. To exercise your legal right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or email). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g., by email) without delay. To meet the cancellation deadline referred to, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12.3. If you cancel this contract, we will reimburse you all payment received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement.
12.4. You expressly agree that we may begin supplying the Services — including access to any class, online session, or digital content — before the end of the 14-day cancellation period referred to in Clause 11.1.
Accessing or participating in any part of the Services during this period constitutes your consent to waive the statutory right to cancel.
12.5. You acknowledge that the legal right referred to in Clause 11.1 will be lost once the Services have been fully performed, or once you have accessed digital content or a scheduled session. If you cancel after Services have begun but before completion, we will deduct a proportionate amount for the part already delivered and refund the balance (or, if you prefer, convert it into Credit as defined in Clause 12).
You may (but are not obliged to) use the cancellation form provided to exercise your rights under this clause.
13. CANCELLATIONS, RESCHEDULING AND NO-SHOWS
13.1. In certain circumstances we may offer credit for cancelled Classes or Sessions in accordance with the procedures below (“Credit”).
13.2. The amount of Credit available, the way it is issued and the period in which it may be used are governed by the procedures set out below, which we may review and update from time to time.
13.3. Credit is interest-free, has no cash value and is non-transferable. Credit may be redeemed only against the purchase of our services.
13.4. Credit automatically expires six (6) months after the date of issue unless we agree otherwise in writing.
13.5. If you cancel a booked Class or Session any time up to the scheduled start-time, we will automatically apply Credit equal to 100 % of the Class or Session fee to your account by issuing a one-use voucher code for the same value. This keeps the slot income-neutral for us while giving you the full amount to re-book another lesson.
13.6. Alternatively, if at the time of cancellation you provide us with the date and time you would like to re‑book, we can reschedule the Class or Session for you manually without issuing a voucher or providing Credit.
13.7. If you wish to receive a cash refund instead of Credit, you must notify us within 14 days of the Credit being issued; we will refund the unused balance by the same payment method, less the non-refundable card processing charge. These deductions equal our direct costs of handling the refund.
13.8. If you do not attend a Class Or Session and have not cancelled or contacted us in advance, you will not be entitled to any Credit or re-booking for that Class or Session.
14. SPECIAL OFFERS, BUNDLE DISCOUNTS, OTHER DISCOUNTS AND PROMOTIONS
14.1. We reserve the right to change, limit, or terminate any special offers, discounts, and promotions at any time without notice.
14.2. All special offers, discounts, and promotions are subject to availability and may require you to accept additional Terms and Conditions, which are hereby expressly incorporated into this Agreement.
14.3. We reserve the right to limit certain special offers, discounts, and promotions to one order per client as defined by their email address and/or billing address.
14.4. We use your data within the legally permissible scope for marketing purposes, e.g., to draw your attention to special promotions and discount offers. In addition, we may draw your attention to comparable offers by email, e.g., we may inform you about exclusive sales, promotions, or special events.
15. END OF LIFE
15.1. We reserve the right to End-Of-Life (EOL) the Service at our sole discretion and shall provide at least one (1) week’s notification of such EOL event.
15.2. If you prepaid Fees for a service which is subject to EOL, we will use commercially reasonable efforts to:
15.2.1. transition you to a substantially similar Service
15.2.2. upon our express written agreement, ensure the Service availability, without uptime guarantee or test bug fixes, patches, or enhancements to the Services.
15.3. In either case, you will be entitled to a full pro-rata refund or credit for any unused portion of the prepaid Fees.
16. SERVICE LEVELS AND SUPPORT
16.1. During the Term, we shall render all commercially reasonable efforts to provide technical support to assist you in using our website and the Services. The total amount of technical support provided by us shall be governed under the fair use principle.
16.2. We have no obligation to provide any support:
16.2.1. for anything other than our Services;
16.2.2. if you or a third party has altered or modified any portion of the Services;
16.2.3. if you have not used the Services in accordance with the documentation or instructions provided by us;
16.2.4. to anyone other than you.
16.3. The response time for contacts concerning technical support made by you will not exceed 72 hours. If the response time exceeds 72 hours, we will present you with a technical justification and define a new deadline for carrying out and completing the support service.
17. PROPRIETARY RIGHTS
17.1. You acknowledge and agree that we own all intellectual property rights in our Services. Except as expressly stated herein, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of our Services.
17.2. You confirm that you have all the rights in relation to our Services that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.
17.3. You may use our Services only for lawful purposes. You shall not, directly or indirectly:
17.3.1. sell, rent out, lease, licence, distribute, market, exploit the Service Content or any of its parts commercially,
17.3.2. reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of the Service Content in whole or in part;
17.3.3. remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Service Content , and
17.3.4. export or re-export the Service Content or any copy of adaptation in violation of any applicable laws or regulations.
17.4. You also agree:
17.4.1. not to reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of our Terms; and
17.4.2. not to access without authority, interfere with, damage or disrupt:
17.4.2.1. any part of our Services;
17.4.2.2. any equipment or network on which our website and Service is stored;
17.4.2.3. any software used in the provision of our Services; or
17.4.2.4. any equipment or network or software owned or used by any third party.
18. PROVIDING DATA
18.1. You irrevocably and unconditionally represent and warrant that any of your data provided complies with our Privacy Policy, the UK’s Data Protection Act (“DPA”) and the EU General Data Protection Regulation (“GDPR”) and any other applicable laws.
18.2. You are fully responsible for your data provided to our Services. We will not be responsible, or liable to any third party, for:
18.2.1. the content or accuracy of any data provided or produced by you using the Services; or
18.2.2. the loss of any data provided or produced by you using the Services. You should keep a record of all such data.
18.3. We will only use the data provided by you for the purposes of carrying out the Services, carrying out our obligations in these Terms and any other purpose expressly set out in these Terms or otherwise agreed between us. We will not otherwise disclose or distribute the data provided or produced by you using the Services, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
18.4. We have the right to disclose your identity to any third party claiming that any content or data uploaded or produced by you to our Services constitutes a violation of their rights under applicable law.
19. CHILD PROTECTION
19.1. The key foundation of our company is to ensure that lessons take place in a safe environment. This is reflected in several key built-in features and defined as a set of Safeguarding Policies and Safeguarding Procedures for the Students, Responsible Adults, and Tutors who use our services. These can be readily found on our website.
19.2. Our Designated Safeguarding Lead (DSL) and Senior Manager is Jonathan Wilde. In the case of any safeguarding concerns or enquiries, please contact Jonathan directly at hello@brainyspinach.com or +447469 722234.
20. WARRANTIES
20.1. While we make all efforts to maintain the accuracy of the information on our Services, we provide our Services and our Course Content, and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
20.2. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Services, our Course Content, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, the related content, or electronic communications sent by us are free of viruses or other harmful components.
20.3. Nothing contained in these Terms shall be construed as a warranty that:
20.3.1. the Services will yield any Result or otherwise be successful,
20.3.2. any Service will yield a specific result or otherwise be successful or
20.3.3. the outcome of the Services will be utilisable in any respect.
21. LIMITATION OF LIABILITY
21.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our website and any related content. You expressly agree that your use of the Services and our website, including reliance on any Third-Party Advice, is at your sole risk.
21.2. You agree not to use the Services, our website and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
21.2.1. loss of profits, sales, business, or revenue;
21.2.2. business interruption;
21.2.3.loss of anticipated savings;
21.2.4. loss or corruption of data or information;
21.2.5. loss of business opportunity, goodwill or reputation; or
21.2.6. any other indirect or consequential loss or damage.
21.3. Nothing in these Terms shall limit or exclude our liability for:
21.3.1. death or personal injury resulting from our negligence;
21.3.2. fraud; and/or
21.3.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
21.4. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
21.5.Subject to clause 20.3, our total liability to you for all claims arising under or in connection with these Terms or the Services (whether in contract, tort, breach of statutory duty or otherwise) shall not exceed the total amount you have paid to us for the Services in the twelve (12) months preceding the event giving rise to the claim.
21.6. You acknowledge and agree that the Services are designed to support educational engagement and development, and that outcomes may vary depending on individual needs and circumstances. As such, we do not guarantee academic performance, learning results, or specific developmental progress.
22. INDEMNITY
22.1. You agree to indemnify and hold us, our related corporations and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
23. FORCE MAJEURE
23.1. We shall have no liability to you under these Terms if we are prevented from or delayed in performing our obligations under these Terms, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors and will notify you of such an event and its expected duration as soon as reasonably possible.
24. OTHER IMPORTANT TERMS
24.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
24.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
24.3.No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
24.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us.
24.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
24.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
24.7. The Parties shall attempt to resolve any dispute arising out of or relating to these Terms through negotiations. If negotiations do not resolve the matter within 30 days of receipt of a written invitation to negotiate, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (“ADR”) procedure. If the ADR procedure does not resolve the matter within 30 days of the initiation of that procedure, or if either Party will not participate in the ADR procedure, the dispute may be referred to arbitration by either Party.
24.8. These Terms shall be governed by and construed in accordance with the laws of England and Wales.
25. RELATED POLICIES
These Terms and Conditions should be read in conjunction with the following policies:
EFFECTIVE DATE
Friday 8th August 2025.