BrainyBot — Terms & Conditions

BrainyBot — Terms & Conditions

Terms & Conditions

Last updated: December 18, 2024

AI can make mistakes. BrainyBot may generate inaccurate or outdated content. Always verify important information independently before acting on it.
Important: These Terms include mandatory dispute resolution, content monitoring rights, and strict enforcement policies. Please read carefully before using the Service.

Contents

1. Introduction

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and BrainyBot ("we," "us," or "our") governing your access to and use of BrainyBot's websites, applications, chat services, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree to these Terms, you must immediately discontinue use of the Service.

2. Eligibility & Age Requirements

  • Legal Capacity: You must be of legal age to form a binding contract under the laws of your jurisdiction and have the legal capacity to agree to these Terms.
  • Minimum Age: You must be at least 13 years of age to use the Service. Users under 18 require parental consent.
  • Compliance: Your use must comply with all applicable local, state, national, and international laws and regulations.
  • Prohibited Users: You may not use the Service if you have been previously banned, suspended, or if your account was terminated for violations of these Terms.

3. Account Security

  • You are responsible for maintaining accurate registration information and the confidentiality of verification codes, passwords, or other credentials.
  • You must immediately notify us of any unauthorized access to your account or any security breaches.
  • You are fully responsible for all activities that occur under your account, regardless of whether such activities were authorized by you.
  • We reserve the right to refuse service, terminate accounts, or cancel subscriptions at our sole discretion.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Service for any commercial purposes without our written consent
  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
  • Use automated systems (bots, scripts, crawlers) to access or interact with the Service
  • Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure
  • Attempt to gain unauthorized access to any portion of the Service, other accounts, or connected systems
  • Upload, transmit, or distribute viruses, malware, or other harmful code
  • Collect, harvest, or scrape user data or personal information
  • Create false accounts or impersonate any person or entity
  • Use the Service to distribute unsolicited commercial content (spam)

5. Chat Conduct & Abuse Prevention

Our chat features are designed for productive collaboration and communication. The following behaviors are strictly prohibited:

Prohibited Chat Conduct

  • Harassment & Bullying: Engaging in harassment, bullying, stalking, intimidation, or threatening behavior toward any user
  • Hate Speech: Using language that promotes hatred, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
  • Explicit Content: Sharing sexually explicit, pornographic, or graphic violent content
  • Personal Information: Sharing personal information (addresses, phone numbers, financial information) of yourself or others without explicit consent
  • Spam & Flooding: Sending repetitive messages, flooding chat rooms, or disrupting normal conversation flow
  • Impersonation: Pretending to be another person, organization, or BrainyBot employee
  • Misinformation: Deliberately spreading false, misleading, or harmful information
  • Illegal Activities: Discussing, planning, or promoting illegal activities
  • Self-Harm Content: Sharing content that promotes self-harm, suicide, or eating disorders
  • Commercial Solicitation: Using chat for unauthorized advertising, marketing, or commercial solicitation

Consequences

Violations may result in warnings, temporary suspensions, permanent bans, or legal action, at our sole discretion.

6. Content Monitoring & Moderation

To maintain a safe environment and enforce these Terms, we reserve the right to:

  • Monitor, review, and record all communications, uploads, and activities on the Service
  • Use automated systems and human moderators to detect violations
  • Remove, edit, or restrict access to any content without prior notice
  • Suspend or terminate user accounts based on content violations
  • Cooperate with law enforcement and provide user information when legally required
  • Retain content and communication records for moderation, legal compliance, and safety purposes

No Obligation to Monitor: While we reserve these rights, we are not obligated to monitor all content and cannot guarantee prevention of all violations.

7. Reporting Violations

Users can report violations by emailing Team@brainybot.net with:

  • Description of the violation
  • Username(s) involved
  • Room or location where it occurred
  • Screenshots or evidence (if available)

We will investigate reports promptly and take appropriate action. False or malicious reports may result in penalties for the reporting user.

8. AI Output & Accuracy

The Service uses artificial intelligence that may generate content. Important limitations:

  • AI output can be incorrect, incomplete, biased, or outdated
  • You are solely responsible for reviewing and verifying all AI-generated content before use
  • AI output is not professional advice (legal, medical, financial, etc.) unless explicitly stated otherwise in writing
  • We do not guarantee the accuracy, reliability, or completeness of AI-generated content
  • You assume all risks associated with relying on AI output

9. Privacy & Data Handling

We handle personal information according to our privacy practices and applicable privacy laws. Key points:

  • Do not upload personal data, confidential information, or sensitive content unless you have lawful authority
  • Team chat communications may be visible to other team members
  • Solo chat is stored locally on your device but may be processed by our systems
  • We may use anonymized, aggregated data to improve the Service
  • We will comply with valid legal requests for user information

10. User Content & Retention

By uploading or submitting content to the Service, you:

  • Retain ownership of your original content
  • Grant us a worldwide, royalty-free license to host, process, display, and analyze your content for Service operations
  • Represent that you have all necessary rights to grant this license
  • Acknowledge that we may retain content for legal compliance, safety, and moderation purposes even after account deletion
  • Understand that deleted content may persist in backups and cached systems for reasonable periods

11. Billing & Subscriptions

  • Subscription fees are processed by third-party payment providers and are non-refundable unless required by law
  • Subscriptions automatically renew until canceled through your account settings
  • Price changes will be communicated with reasonable notice
  • Chargebacks, payment disputes, or failed payments may result in immediate account suspension
  • Taxes and fees are your responsibility
  • Account suspension for non-payment does not excuse payment obligations

12. Intellectual Property

BrainyBot and its licensors own all intellectual property rights in the Service, including software, algorithms, trademarks, copyrights, and trade secrets. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes only.

13. Enforcement & Penalties

We may impose the following penalties for Terms violations:

  • Warnings: Formal notices of policy violations
  • Content Removal: Deletion of offending messages or uploads
  • Temporary Suspension: Account access restrictions for specified periods
  • Permanent Termination: Complete account closure and service ban
  • Legal Action: Civil or criminal prosecution for serious violations

Penalties are determined at our sole discretion based on violation severity, user history, and potential harm to other users or the Service.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY. WE DISCLAIM ALL WARRANTIES REGARDING SERVICE UPTIME, DATA INTEGRITY, SECURITY, OR COMPATIBILITY WITH YOUR SYSTEMS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINYBOT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR REVENUE
  • BUSINESS INTERRUPTION OR SYSTEM DOWNTIME
  • COST OF SUBSTITUTE SERVICES OR TECHNOLOGY
  • DAMAGES ARISING FROM USER CONTENT, THIRD-PARTY ACTIONS, OR AI-GENERATED OUTPUT

OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF: (A) $100, OR (B) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 3 MONTHS PRECEDING THE CLAIM.

16. Indemnification

You agree to defend, indemnify, and hold harmless BrainyBot and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • Your use or misuse of the Service
  • Your violation of these Terms or applicable laws
  • Your content or communications through the Service
  • Your infringement of any intellectual property or other rights
  • Any claims by third parties related to your conduct

17. Suspension & Termination

We may suspend or terminate your account immediately, with or without notice, for:

  • Violation of these Terms or acceptable use policies
  • Illegal activity or potential harm to other users
  • Non-payment of fees or subscription charges
  • Suspected fraudulent or abusive behavior
  • Technical or security risks to the Service
  • Any reason at our sole discretion

Upon termination, your right to use the Service ceases immediately. Termination does not relieve you of payment obligations or liability for prior conduct.

18. Dispute Resolution

Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration rather than in court, except for claims that may be brought in small claims court.

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions, representative actions, or collective proceedings.

Informal Resolution

Before initiating arbitration, you must contact us at Team@brainybot.net to attempt informal resolution for at least 30 days.

19. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by:

  • Updating the "Last updated" date above
  • Email notification to registered users (when feasible)
  • In-app notifications or service announcements

Continued use of the Service after changes constitutes acceptance of the modified Terms. If you disagree with changes, you must discontinue use of the Service.

20. Contact Information

For questions about these Terms, violations, or Service issues, contact us at:

Email: Team@brainybot.net

We will respond to inquiries within reasonable timeframes, typically within 2-5 business days.

21. Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction where BrainyBot operates, without regard to conflict of law principles. You consent to the exclusive jurisdiction and venue of the competent courts in that jurisdiction for any disputes not subject to arbitration.

22. Miscellaneous

  • Severability: If any provision is deemed invalid, the remaining provisions remain in effect.
  • Waiver: Our failure to enforce any provision does not waive our right to enforce it later.
  • Assignment: You may not assign these Terms. We may assign our rights and obligations.
  • Entire Agreement: These Terms constitute the complete agreement between you and BrainyBot regarding the Service.

© 2024 BrainyBot. All rights reserved. These Terms are effective and legally binding.