1. Introduction

Welcome to BRAIN ("Business Response and Automation by Intelligent Networks"). These Terms of Service ("Terms") govern your access to and use of our website, services, applications, and AI agents (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

Please read these Terms carefully before using our Services. If you do not agree with any part of these Terms, you may not access or use our Services.

2. Definitions

In these Terms:

• "BRAIN," "we," "us," and "our" refer to Business Response and Automation by Intelligent Networks, the company that operates the Services.
• "User," "you," and "your" refer to any individual or entity that accesses or uses our Services.
• "Business Owner" refers to a user who subscribes to our Services to deploy AI agents for business purposes.
• "End User" refers to any individual who interacts with AI agents deployed by a Business Owner.
• "Content" refers to any information, data, text, scripts, graphics, photos, videos, messages, or other materials that you upload, post, submit, or otherwise transmit to or through our Services.
• "AI Agent" refers to any artificial intelligence tool, chatbot, or automated service provided by BRAIN.

3. Account Registration and Eligibility

To use certain features of our Services, you may need to register for an account. When registering, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

By using our Services, you represent and warrant that:

• You are at least 16 years of age.
• You have the legal capacity to enter into these Terms.
• Your use of the Services does not violate any applicable law or regulation.
• If you are using the Services on behalf of a business entity, you have the authority to bind that entity to these Terms.

4. Subscription and Payment

Some of our Services are offered on a subscription basis. By subscribing to our Services, you agree to the following terms:

• Subscription Plans: We offer various subscription plans with different features and pricing. The details of each plan are available on our website.
• Billing: Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. Your subscription will automatically renew unless you cancel it before the renewal date.
• Payment Methods: We accept payment through credit/debit cards and other methods specified on our website. You authorize us to charge your payment method for all fees incurred.
• Price Changes: We may change the price of our subscription plans at any time. Any price changes will apply to the next billing cycle. We will notify you of any price changes before they take effect.
• Refunds: Our refund policy is described on our website. In general, refunds are issued at our discretion and may be subject to certain conditions.
• Taxes: All fees are exclusive of taxes, unless otherwise stated. You are responsible for paying any applicable taxes associated with your use of our Services.

5. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:

• Use the Services in any way that violates any applicable law or regulation.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems connected to the Services.
• Use the Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
• Interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.
• Engage in any activity that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services.
• Attempt to reverse engineer, decompile, or disassemble any portion of the Services.
• Use the Services to harvest, collect, or store personal information about others without their consent.
• Use the Services to send unsolicited communications, promotions, or advertisements.

6. Content and Intellectual Property

Your Content: When you upload, submit, or otherwise transmit Content to our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such Content in connection with providing and improving our Services.

Responsibility for Content: You are solely responsible for the Content you provide and for ensuring that it does not violate any third-party rights or applicable laws. We do not claim ownership of your Content.

Our Intellectual Property: The Services, including all software, algorithms, designs, graphics, and other content created by us, are protected by copyright, trademark, patent, and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works based on our Services or any part thereof, except as expressly permitted by these Terms or with our prior written consent.

Feedback: If you provide us with feedback or suggestions regarding our Services, you grant us the right to use such feedback without restriction and without compensation to you.

7. AI Agents and Generated Content

AI-Generated Content: Our Services include AI agents that generate content based on user inputs. We do not guarantee the accuracy, completeness, or quality of AI-generated content. You acknowledge that AI-generated content may contain errors or biases and should be reviewed before use in any critical or sensitive context.

Business Owner Responsibilities: If you are a Business Owner using our AI agents, you are responsible for:

• Ensuring that the use of AI agents complies with all applicable laws and regulations.
• Providing clear information to End Users about the AI nature of the agents they interact with.
• Monitoring and reviewing AI agent interactions to prevent misuse or inappropriate responses.
• Obtaining necessary consents from End Users for data collection and processing.

Prohibited Uses: You may not use our AI agents for any purpose that violates these Terms or applicable laws, including but not limited to generating content that is illegal, harmful, discriminatory, or deceptive.

8. Data Privacy

Our collection and use of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

9. Limitation of Liability

To the maximum extent permitted by law, in no event shall BRAIN, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.
• The actions or decisions made based on AI-generated content.

Our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services during the period of 12 months prior to any cause of action arising.

10. Disclaimers and No Warranties

The Services are provided on an "as is" and "as available" basis. BRAIN expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

BRAIN makes no warranty that:

• The Services will meet your requirements.
• The Services will be uninterrupted, timely, secure, or error-free.
• The results that may be obtained from the use of the Services will be accurate or reliable.
• The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
• Any errors in the Services will be corrected.

You expressly understand and agree that your use of the Services is at your sole risk.

11. Indemnification

You agree to defend, indemnify, and hold harmless BRAIN, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.

12. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Services.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding arbitration in accordance with the rules of the American Arbitration Association.

Any arbitration shall be conducted in English, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys' fees.

15. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and BRAIN regarding your use of the Services.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Assignment: You may not assign or transfer these Terms without our prior written consent, but we may assign or transfer these Terms without restriction.

Contact: If you have any questions about these Terms, please contact us at legal@brainplatform.com.