Terms of Service

These Terms of Service ("Terms") govern your access to and use of brainai.team (the "Site") and the services provided by BrainAI Agency ("we," "us," or "our"). By using our Site or Services, you agree to these Terms. If you do not agree, do not use our Site or Services.

1. Services

BrainAI Team provides agentic team building and AI agent services for businesses ("Services"). This includes:

• Designing and deploying coordinated AI agent teams for business operations (lead generation, content, support, and more)
• Platform access for submitting project requirements, tracking progress, and communicating with our team
• Consultation and strategic advisory services
• Ongoing maintenance, optimization, and support for deployed agent teams

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

2. Account Registration

To use certain features of the platform, you must create an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Keep your account information up to date
• Maintain the security of your account credentials and not share access with unauthorized parties
• Notify us immediately of any unauthorized use of your account

You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Acceptable Use

You agree not to:

• Use our Services for any illegal, harmful, or unauthorized purpose
• Attempt to gain unauthorized access to our systems, networks, or other user accounts
• Interfere with or disrupt the integrity or performance of our platform
• Upload or transmit viruses, malware, or any malicious code
• Use our AI agent services to generate content that is illegal, defamatory, harassing, or violates third-party rights
• Reverse engineer, decompile, or disassemble any part of our platform or agent systems
• Scrape, data mine, or use automated tools to extract data from our Site without written permission
• Resell, sublicense, or redistribute our Services without written authorization

4. Intellectual Property

4.1 Our Property

The Site, platform, agent frameworks, proprietary methodologies, and all associated content (text, graphics, logos, software) are the property of BrainAI Team or its licensors, protected by intellectual property laws. You may not copy, modify, or distribute any of our proprietary materials without written permission.

4.2 Your Content

You retain ownership of content you submit through our platform (project requirements, PRDs, messages, files). By submitting content, you grant us a limited, non-exclusive license to use it solely for the purpose of providing our Services to you.

4.3 Deliverables

Unless otherwise specified in a project proposal or separate agreement, deliverables created as part of your project (configured agent teams, workflows, integrations) are licensed to you upon full payment. The underlying agent frameworks, tools, and reusable components remain our property.

5. Payments and Billing

• Pricing for Services is outlined in your project proposal or on our pricing page. All prices are in US dollars unless stated otherwise.
• Payment terms are specified in your project proposal. Typically, a deposit is required before work begins, with the balance due upon delivery.
• For ongoing retainer services, billing occurs on a monthly basis. You will be notified of any rate changes at least 30 days in advance.
• Late payments may incur a 1.5% monthly fee on overdue balances. We reserve the right to suspend Services for accounts with outstanding balances.
• Credits and referral rewards are governed by the terms of our affiliate program and may be modified or discontinued at our discretion.

6. Refund Policy

Due to the custom nature of our services, refunds are handled on a case-by-case basis. If you are dissatisfied with a deliverable, contact us within 14 days of delivery. We will work with you to resolve the issue, which may include revisions or a partial refund. Deposits for work already completed are non-refundable. Monthly retainer fees are non-refundable for the current billing period but can be cancelled for future periods with 15 days' notice.

7. AI Agent Services

Our Services involve the deployment of AI-powered agents. You acknowledge and agree that:

• AI agents operate using third-party large language models and APIs. Their outputs may occasionally be inaccurate or unexpected.
• You are responsible for reviewing and approving agent outputs before they are used in production or customer-facing contexts, unless you have explicitly authorized autonomous operation.
• We configure agents with appropriate safeguards, but we cannot guarantee that AI-generated content will be free of errors, bias, or unintended outputs.
• Agent performance depends on the quality and accuracy of inputs, instructions, and data you provide.
• We are not liable for decisions made or actions taken based solely on AI agent outputs without human review.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This includes business strategies, customer data, technical configurations, and project details. Confidentiality obligations survive termination of these Terms for a period of two (2) years. This does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

9. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claim arising from or related to these Terms or our Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
• We are not liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, business interruption, or reputational harm.
• We are not responsible for losses caused by third-party service outages (AI providers, hosting platforms, payment processors) outside our reasonable control.

10. Disclaimer of Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or completely secure. We do not guarantee specific business outcomes, revenue increases, or results from the use of our AI agent services.

11. Indemnification

You agree to indemnify and hold harmless BrainAI Team, its parent company, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of our Services, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) content you submit through our platform.

12. Termination

Either party may terminate the service relationship:

• By you: You may close your account at any time by contacting us. Active project engagements are subject to the terms of the applicable project proposal.
• By us: We may suspend or terminate your account if you violate these Terms, engage in abusive behavior, or fail to make required payments. We will provide reasonable notice when possible.

Upon termination, your right to access the platform ceases. Sections relating to intellectual property, confidentiality, limitation of liability, indemnification, and governing law survive termination.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of our Services shall first be addressed through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, conducted in English. You agree to waive any right to a jury trial or to participate in a class action.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, notify you via email or a prominent notice on our Site. Continued use of our Services after changes are posted constitutes acceptance of the revised Terms. If you disagree with the changes, you should stop using our Services and close your account.

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any project proposals, constitute the entire agreement between you and us.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to an affiliate or successor entity.
• Force Majeure: We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.

16. Contact Us

If you have questions about these Terms, contact us: