Terms Of Service
1. Agreement to Terms
These Terms and Conditions ("Terms," "Terms and Conditions") govern your relationship with Brain2Chat website and AI chat support services (the "Service") operated by Brain2Chat ("us," "we," or "our").
Please read these Terms and Conditions carefully before using our Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service. Our Privacy Policy
2. Definitions
- Service: Refers to the Brain2Chat website and AI chat support services provided by Brain2Chat.
- User/You: Any individual or entity using our Service.
- Content: Refers to text, images, audio, video, or other information posted, generated, provided, or otherwise made available through the Service by users or by us.
- Account: A unique account created for you to access our Service or parts of our Service.
- AI: Refers to the Artificial Intelligence models and systems used to power the chat support features of the Service.
3. User Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
4. Use of the Service and Acceptable Use
You agree not to use the Service:
- In any way that violates any applicable national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the EU, US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Brain2Chat, a Brain2Chat employee, another user, or any other person or entity.
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend Brain2Chat or users of the Service or expose them to liability.
- To generate or disseminate verifiably false information with the intent to harm others.
- To generate content that is sexually explicit, depicts non-consensual sexual content, or promotes hate speech.
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- To reverse engineer, decompile, or otherwise attempt to discover the source code or underlying algorithms of the AI models used in the Service, except to the extent that such activities are expressly permitted by applicable law.
5. AI Service Specifics
Brain2Chat utilizes artificial intelligence to provide chat support. You acknowledge that:
- AI-generated responses may not always be accurate, complete, or suitable for your specific needs. The AI's knowledge is based on the data it was trained on and may have limitations.
- You should not rely solely on information provided by the AI for critical decisions, particularly those involving legal, financial, or medical advice. Always seek professional advice where appropriate.
- We continuously work to improve our AI, but we cannot guarantee that it will be free from errors, biases, or unexpected outputs.
- Your interactions with the AI may be monitored and used to improve the Service and the AI models, as detailed in our Privacy Policy.
- You are responsible for the input (prompts) you provide to the AI and for how you use the output generated by the AI. Do not input sensitive personal information unless explicitly necessary and in accordance with our Privacy Policy.
6. Intellectual Property Rights
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Brain2Chat and its licensors. The Service is protected by copyright, trademark, and other laws of both Spain and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Brain2Chat.
Regarding content you submit, post, or display on or through the Service ("User Content"): You retain any and all of your rights to any User Content you submit. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Brain2Chat's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii.e.) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
7. Fees and Payment (If Applicable)
[This section should be customized if your service involves payments, subscriptions, etc. If it's free, you can state that or remove this section.]
Some parts of the Service may be billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Brain2Chat cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Brain2Chat customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Brain2Chat with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Brain2Chat to charge all Subscription fees incurred through your account to any such payment instruments.
Brain2Chat, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
8. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRAIN2CHAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER BRAIN2CHAT NOR ANY PERSON ASSOCIATED WITH BRAIN2CHAT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BRAIN2CHAT NOR ANYONE ASSOCIATED WITH BRAIN2CHAT REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BRAIN2CHAT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF BRAIN2CHAT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF BRAIN2CHAT, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
FOR USERS IN THE EUROPEAN UNION, THE LIMITATIONS OF LIABILITY STATED HEREIN WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, BUT WILL NOT EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
11. Indemnification
You agree to defend, indemnify, and hold harmless Brain2Chat and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
For users within the European Union, these Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [e.g., 30] days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
14. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
15. Contact Us
If you have any questions about these Terms, please contact us:
- By email: support@brain2chat.com or legal@brain2chat.com