Terms of Service
Last updated: March 15, 2024
1. Introduction
Welcome to BrainSiftAI. These Terms of Service ("Terms") govern your access to and use of the BrainSiftAI platform, including any websites, mobile applications, and services (collectively, the "Service") provided by BrainSiftAI, Inc. ("BrainSiftAI," "we," "us," or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
2. Eligibility
You must be at least 13 years of age to use the Service. If you are under 18 years of age, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf.
By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.
3. Account Registration
To access certain features of the Service, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. User Content
The Service allows you to upload, submit, store, send, or receive content, including text, documents, and other materials (collectively, "User Content"). You retain ownership of any intellectual property rights that you hold in your User Content.
By uploading, submitting, storing, sending, or receiving User Content to or through the Service, you grant BrainSiftAI a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such User Content for the limited purpose of providing and improving the Service.
You represent and warrant that you have all rights, licenses, consents, and permissions necessary to grant the rights granted herein for any User Content that you submit.
5. Prohibited Conduct
You agree not to use the Service to:
- Violate any applicable law, regulation, or these Terms
- Infringe the intellectual property rights of others
- Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service
- Use any robot, spider, scraper, or other automated means to access the Service
- Collect or harvest any personally identifiable information from the Service
6. Subscription and Payment
Some aspects of the Service may be provided for a fee. If you elect to use paid aspects of the Service, you agree to pay all applicable fees as described on the Service.
Subscription fees are billed in advance on a monthly or annual basis, depending on the subscription plan you select. Unless otherwise stated, subscriptions automatically renew for additional periods equal to the initial subscription term unless canceled before the renewal date.
You may cancel your subscription at any time through your account settings or by contacting us. If you cancel, you will continue to have access to the paid features until the end of your current billing period, but you will not receive a refund for any fees already paid.
7. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of BrainSiftAI and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States 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 BrainSiftAI.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BRAINSIFTAI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability
IN NO EVENT WILL BRAINSIFTAI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
10. Indemnification
You agree to defend, indemnify, and hold harmless BrainSiftAI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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.
11. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
12. 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.
By continuing to access or use our Service after those 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.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of California, 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.
14. Contact Us
If you have any questions about these Terms, please contact us at:
Email: legal@brainsiftai.com
Address: Bangkok, Thailand
Phone: +66 123 456 789
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