Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "User," or "you") and Brainop Inc. ("Brainop," "we," or "us") governing your access to and use of the Brainop platform, website, and all related services (collectively, the "Services").

By accessing or using our Services, you represent that you have the authority to enter into these Terms on behalf of yourself or your organization. If you do not agree to these Terms, you must discontinue use immediately.

2. Description of Services

Brainop provides an AI-powered business operating system that integrates, analyzes, and coordinates data from connected enterprise software systems. Our Services include:

• Operational Intelligence Hub for real-time business visibility
• Executive Dashboard for leadership reporting
• AI Decision Engine for strategic recommendations
• Workflow Orchestration across integrated platforms
• Team Intelligence and performance analytics
• Knowledge Graph and organizational memory

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.

3. Account Registration

To access the platform, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities occurring under your account
• Promptly notifying us of any unauthorized access
• Ensuring your account information remains accurate and up-to-date

We reserve the right to terminate accounts that violate these Terms or that have been inactive for extended periods.

4. Subscription and Payment

Brainop offers subscription-based pricing plans. By subscribing, you agree to:

• Pay the applicable fees as specified in your subscription plan
• Provide and maintain valid payment information
• Authorize us to charge your payment method on a recurring basis
• Pay applicable taxes as required by law

Fees are billed in advance and are non-refundable except as described in our Refund Policy. We reserve the right to modify pricing with 30 days' advance notice.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any system or data
• Reverse engineer, decompile, or disassemble any portion of the platform
• Resell, sublicense, or distribute the Services without authorization
• Use automated tools to scrape or extract data without permission
• Engage in any activity that disrupts or degrades platform performance

6. Intellectual Property

All intellectual property rights in the Services, including but not limited to software, algorithms, designs, trademarks, and documentation, are owned by Brainop or its licensors. These Terms do not grant you any ownership rights.

You retain ownership of your data. By using the Services, you grant Brainop a limited, non-exclusive license to process your data solely to provide the Services as described in this agreement.

7. Data Privacy and Security

Our processing of personal data is governed by our Privacy Policy. We implement enterprise-grade security measures including encryption, access controls, and regular audits. You are responsible for the accuracy and legality of data you input into the platform.

8. Confidentiality

Both parties agree to maintain the confidentiality of non-public information shared in connection with the Services. This obligation survives termination of these Terms for a period of five (5) years, except for trade secrets which shall be protected indefinitely.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BRAINOP DISCLAIMS ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, or free from harmful components. AI-generated insights and recommendations are provided for informational purposes only and do not constitute professional advice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Brainop and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney's fees) arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

12. Term and Termination

These Terms remain in effect for the duration of your subscription. Either party may terminate the agreement with 30 days' written notice. We may terminate immediately for material breach, illegal activity, or non-payment. Upon termination, your access will cease and we will handle your data per our data retention policy.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law.

14. Changes to Terms

We may update these Terms periodically. We will notify you of material changes with at least 30 days' notice. Continued use after the effective date constitutes acceptance of the revised Terms.

15. Contact

For questions about these Terms, contact us at legal@brainop.io or through our website at brainop.io/contact.