Terms of Use

Last updated: July 24, 2024

Please read these Terms of Use ("Agreement") carefully before using the services offered by BrainyAI ("Company", "we", "us", or "our"). By using our extension or services in any manner, you agree that you have read, understood, and accept to be bound by and a party to the terms and conditions of this Agreement. If you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right to use our services. Use of BrainyAI's services is expressly conditioned upon your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms.

1.Who Can Use

BrainyAI does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us. No one under age 13 may provide any personal information to BrainyAI or on the Services.

You represent and warrant to BrainyAI that: (i) you are of legal age to form a binding contract with us and you are not prohibited by law from accessing or using the services; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information.

2.Your Account

When you create an account with us, you must provide 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. 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.

3.Content

Our Service allows you to generate and post content. You are responsible for the content that you generate using the AI Service, including its legality, reliability, and appropriateness.

By generating and posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you create, post, or display on or through the Service and you are responsible for protecting those rights.

4.Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of BrainyAI and its licensors. The Service is protected by copyright, trademark, and other laws of both Singapore 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 BrainyAI.

5.Payments and Subscriptions

Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring and periodic basis. At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel it or BrainyAI cancels it.

6.Subscriptions Refund policy

Customers can request a refund within 7 days from the start of a new subscription cycle. This means that if you start a new subscription period, you have up to 7 days from that date to request a refund for the current subscription period.

To qualify for a refund, you must have used the AI models service 20 times (including chat \ webpage summary) or less during the current subscription cycle. If you have utilized the AI models service more then 20 times, you will not be eligible for a refund.

How to Request a Refund:

Send an email to httpsaiclub@gmail.com.

Use the subject line “Refund Request”.

In the body of the email, please include your account email address and a brief reason for the refund request.

Our support team will review your request and reach out to you within 3-5 business days with further instructions.

7.Taxes

You agree that any withholding tax responsibility is on the consumer end. BrainyAI is not responsible for withholding, collecting, reporting, or paying any sales, use, value added, or similar taxes arising from your use of our services. You are solely responsible for all taxes associated with your use of our services, including without limitation, reporting and payment of any taxes arising from income generated through your use of BrainyAI.

8.Limitation of Liability

In no event shall BrainyAI, nor 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 (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9.Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

10.Governing Law

These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

11.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 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12.User Responsibilities

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

a) Use the Service in any way that violates any applicable local, state, national, or international law or regulation.

b) 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.

c) Use the Service to transmit or upload any content that is unlawful, offensive, or violates the rights of others.

d) Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access.

e) Use any automated system, including "robots," "spiders," "offline readers," etc., to access the Service.

13. Data Usage and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for more information on how we collect, use, and share your information.

14. 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. 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.

15. Indemnification

You agree to defend, indemnify, and hold harmless BrainyAI, its parent company, officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

16. Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by BrainyAI. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

17. Feedback

Any feedback, comments, ideas, improvements or suggestions provided by you to BrainyAI with respect to the Service shall remain the sole and exclusive property of BrainyAI. BrainyAI shall be free to use, copy, modify, publish, or redistribute feedback for any purpose and in any way without any credit or any compensation to you.

18. 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.

19. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

20. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without BrainyAI's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. BrainyAI may assign or transfer these Terms, at its sole discretion, without restriction.

21. Dispute Resolution

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in [Your City, State], using the English language in accordance with the Arbitration Rules and Procedures of JAMS, then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.

22. Updates to Service

BrainyAI reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that BrainyAI will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

23. User Data

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. Electronic Communications

The communications between you and BrainyAI use electronic means, whether you use the Service or send us emails, or whether BrainyAI posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receiving communications from BrainyAI in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BrainyAI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in hardcopy writing.

25. Geographic Restrictions

The Company is based in Singapore. We make no claims that the Service or any of its content is accessible or appropriate outside of Singapore. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside Singapore, you do so on your own initiative and are responsible for compliance with local laws.

26. Beta Services

From time to time, BrainyAI may offer new "beta" features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at BrainyAI's sole discretion. The provisions of this Agreement apply equally to your use of such beta services.

27. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between you and BrainyAI in relation to your use of our Service, and supersede all prior agreements and understandings with respect to the same.

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.

28. Contact Us

If you have any questions about this Agreement, please contact us at httpsaiclub@gmail.com.