1. Acceptance of Terms
By accessing or using brAIny (the "Services"), you agree to be bound by these Terms of Service ("Terms"), which form a binding legal agreement between you and brAIny ("brAIny", "we", "our", or "us").
If you do not agree, you may not use the Services. Please read Sections 14–17 carefully — they limit our liability and require most disputes to be resolved through binding individual arbitration rather than in court.
2. Eligibility
You must be at least 13 years old to use brAIny.
If you are under the age of majority in your jurisdiction, you represent that you have reviewed these Terms with, and have permission from, a parent or legal guardian who agrees to be bound by them on your behalf. A parent or guardian who permits a minor to use the Services accepts these Terms and is responsible for the minor's use.
3. Accounts
You are responsible for:
- Maintaining account security
- Protecting login credentials
- All activity conducted through your account
You agree to provide accurate information when creating an account.
4. Acceptable Use
You agree not to:
- Violate laws or regulations
- Upload malicious software
- Attempt unauthorized access
- Interfere with platform security
- Scrape platform content
- Reverse engineer platform systems
- Circumvent subscription restrictions
- Abuse, manipulate, or attempt to extract the underlying models or prompts of our AI systems
- Disrupt platform operations
- Use the Services to violate any school, institution, or examination academic-integrity or honor-code policy (see Section 7)
5. User Content
Users retain ownership of content they upload or submit.
By using the Services, users grant brAIny a limited, non-exclusive, worldwide, royalty-free license to store, process, display, and transmit content solely for operating, providing, securing, and improving the Services.
Users are responsible for ensuring they possess the necessary rights to any content they upload, and represent that their content does not infringe the rights of any third party.
6. File Uploads
Users may upload documents and files. brAIny does not claim ownership of uploaded content.
Users must not upload:
- Illegal content
- Malware
- Copyright-infringing material
- Harmful or fraudulent content
- Other people's personal or confidential information without authorization
We reserve the right to remove content that violates these Terms.
7. AI-Generated Content; No Professional Advice; Academic Integrity
brAIny uses artificial intelligence, including third-party AI models, to generate responses. AI outputs are produced automatically and are not reviewed by a human before you receive them.
AI-generated outputs:
- May be inaccurate, incomplete, outdated, or biased
- May contain errors or "hallucinations" presented as fact
- Should not be relied upon as professional advice of any kind
The Services are provided for general informational and educational purposes only and are not a substitute for professional advice. brAIny does not provide legal, medical, financial, tax, mental-health, or other professional advice. Always consult a qualified professional before making decisions in these areas. Your reliance on any AI output is at your own risk, and you are solely responsible for independently evaluating and verifying any information generated through the Services before relying on or acting upon it.
Academic integrity. brAIny is a study aid designed to help you learn. You are solely responsible for using it in compliance with the rules, honor codes, and academic-integrity policies of your school, instructor, institution, or any examination or certification body. brAIny is not responsible for any academic, disciplinary, professional, or other consequence resulting from your use of the Services.
8. Educational Purpose; No Guarantee of Results
brAIny makes no guarantee, representation, or warranty regarding any particular learning outcome, grade, test score, admission, certification, or other result. Educational results depend on many factors outside our control, including your own effort. Any examples of outcomes are illustrative and not a promise of results.
9. Third-Party Services
The Services rely on, link to, or integrate with third-party products and services, including (among others) Google and Google Gemini, Apple, Supabase, Stripe, and RevenueCat (collectively, "Third-Party Services").
Third-Party Services are governed by their own terms and privacy policies, are provided independently of brAIny, and are not under our control. To the maximum extent permitted by law, brAIny is not responsible or liable for the availability, accuracy, content, security, acts, or omissions of any Third-Party Service, and your use of any Third-Party Service is solely between you and that provider.
10. Subscriptions and Billing
Certain features may require a paid subscription.
Web Purchases
Web subscriptions are processed through Stripe.
Mobile Purchases
Mobile subscriptions may be processed through Apple App Store or Google Play billing systems.
Subscriptions may automatically renew unless canceled before the renewal date. Users are responsible for managing their subscriptions through the applicable platform.
11. Refunds
Refund requests are evaluated according to applicable laws and platform requirements.
Purchases made through Apple App Store or Google Play are subject to those platforms' refund policies.
12. Intellectual Property
The Services, including software, branding, logos, designs, text, graphics, and platform functionality, are owned by brAIny or its licensors.
Nothing in these Terms transfers ownership rights to users.
13. Account Suspension and Termination
We may suspend or terminate accounts if users:
- Violate these Terms
- Engage in abusive behavior
- Create security risks
- Harm the platform or other users
We reserve the right to remove content or restrict access when necessary.
14. Disclaimer of Warranties
The Services are provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and without warranty of any kind.
To the maximum extent permitted by law, brAIny disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. brAIny does not warrant that the Services will be uninterrupted, secure, error-free, or that any AI output will be accurate or reliable. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
15. Limitation of Liability
To the fullest extent permitted by law:
brAIny, its founders, owners, affiliates, employees, contractors, and service providers shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or for any loss of data, profits, revenue, goodwill, or educational or business opportunity, arising from or related to the use of or inability to use the Services, even if advised of the possibility of such damages.
Our total aggregate liability for all claims arising from or related to the Services shall not exceed the greater of (a) the total amount you paid to brAIny during the twelve (12) months preceding the event giving rise to the claim, or (b) USD $100.
The warranty disclaimers and limitations of liability in these Terms form an essential basis of the bargain between you and brAIny and apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you.
16. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless brAIny and its founders, owners, affiliates, employees, contractors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your use or misuse of the Services; (b) your content or uploads; (c) your violation of these Terms or any law or third-party right; or (d) your reliance on any AI output. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us.
17. Dispute Resolution; Binding Arbitration; Class Action Waiver
Please read this section carefully — it affects your legal rights.
Informal resolution first. Before filing any claim, you agree to contact us at brainytutorai@gmail.com and attempt to resolve the dispute informally for at least thirty (30) days.
Binding arbitration. Except for small-claims matters and requests for injunctive relief to protect intellectual property, any dispute arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by final and binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court, except where prohibited by applicable law.
Class action waiver. You and brAIny agree that disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims.
30-day opt-out. You may opt out of this arbitration agreement by emailing brainytutorai@gmail.com within thirty (30) days of first accepting these Terms, stating your name and intent to opt out. Opting out does not affect any other part of these Terms.
18. Changes to Terms
We may modify these Terms at any time.
Updated Terms will be posted with a revised "Last Updated" date. Continued use of the Services constitutes acceptance of revised Terms.
19. Governing Law
These Terms shall be governed by and interpreted under the laws of the State of California, United States, without regard to conflict of law principles. Subject to Section 17, the state and federal courts located in California shall have exclusive jurisdiction over any dispute not subject to arbitration.
20. General Provisions
Entire agreement. These Terms, together with our Privacy Policy and any policies referenced herein, constitute the entire agreement between you and brAIny regarding the Services.
Severability. If any provision is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Force majeure. brAIny is not liable for any failure or delay caused by events beyond our reasonable control, including outages of Third-Party Services, network failures, or acts of God.
Survival. Sections that by their nature should survive termination — including Sections 5, 7–9 and 12, and 14–20 — survive any termination of these Terms or your account.
21. Apple App Store Additional Terms
If you download our app from the Apple App Store, you acknowledge that these Terms are between you and brAIny only, and not with Apple, and that Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support for the app. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app, and any claims, losses, liabilities, or costs attributable to a failure of the app to conform to any warranty are the responsibility of brAIny, not Apple. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
22. Contact
Questions regarding these Terms may be sent to: brainytutorai@gmail.com