BrainZend

1. Eligibility and authority

You must be at least the age of digital consent in your jurisdiction (typically 13 or older, or 16 where stricter rules apply) to use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. The Services

BrainZend provides tools to capture, transcribe, organize, and summarize notes and related content, including optional cloud sync and optional cloud-based AI features when you enable them. Features may differ by platform (iOS, Android, Windows) and version. We may add, change, suspend, or discontinue features with reasonable notice where practicable; we are not obligated to maintain any particular feature indefinitely.

Distribution through Apple App Store, Google Play, or Microsoft Store is also subject to those platforms' applicable terms and policies, which apply in addition to these Terms where they conflict with platform rules.

3. Accounts and security

Where the App offers an account, you are responsible for safeguarding your credentials and for activity under your account. You agree to provide accurate registration information and to update it as needed. Notify us promptly at support@brainzend.com if you suspect unauthorized access.

4. License to the App

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App for your own lawful purposes. You may not sell, rent, lease, sublicense, or redistribute the App, except as allowed by applicable law or app store rules.

5. Acceptable use

You agree not to:

• Use the Services in violation of law, regulation, or third-party rights (including intellectual property and privacy).
• Upload, record, or process content you are not entitled to use, or that is illegal, defamatory, harassing, hateful, or harmful to minors.
• Attempt to probe, scan, or test the vulnerability of our systems, or bypass authentication or security measures.
• Reverse engineer, decompile, or disassemble the App except to the extent mandatory law permits interoperability.
• Use the Services to develop a competing product by scraping, bulk extraction, or similar means without our prior written consent.
• Interfere with other users' use of the Services or impose an unreasonable load on our infrastructure.

We may investigate and suspend or terminate access if we reasonably believe you have violated this section or these Terms.

6. Your content and intellectual property

You retain ownership of content you create in the App (“Your Content”). To operate the Services, you grant us a worldwide, non-exclusive license to host, process, transmit, display, and back up Your Content solely to provide and improve the Services and as described in our Privacy Policy. This license ends when Your Content is deleted from our systems, subject to reasonable retention for backups and legal compliance.

Our name, logos, and the App (excluding Your Content) are our intellectual property. Except for the license in Section 4, no rights are granted to our trademarks or software.

7. AI features and outputs

Parts of the Services may use machine learning or third-party AI when you opt in. Outputs may be inaccurate, incomplete, or unsuitable for professional, medical, legal, or financial decisions. You are solely responsible for reviewing and validating outputs before relying on them. We do not use Your Content to train third-party foundation models except as stated in our Privacy Policy or as required by a provider you configure.

8. Third-party services

The Services may integrate with infrastructure and AI providers (for example, account hosting, sync, and optional cloud AI gateways you configure). Those providers process data under their own terms and privacy notices. We are not responsible for third-party services we do not control, though we select providers consistent with our Privacy Policy commitments.

9. Fees

The App or website may be offered free of charge or with paid plans in the future. If we introduce fees, we will disclose pricing and billing terms before charging you. App store purchases are processed by the relevant platform and subject to its payment and refund rules.

10. Beta and changes

Features may be labeled beta, preview, or pre-release. Such features are provided as is and may change or end without notice. We may modify these Terms by posting an updated Effective Date and, where required by law, providing additional notice (for example, in-app or by email). Continued use after the Effective Date of changes constitutes acceptance of the revised Terms, except where applicable law requires your explicit consent.

11. Termination

You may stop using the Services at any time and uninstall the App. We may suspend or terminate your access if you materially breach these Terms or if we are required to do so by law. Provisions that by their nature should survive (including Sections 6–7 disclaimers, liability limits, and governing law) will survive termination.

12. Disclaimer of warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) FIFTY U.S. DOLLARS (USD $50), IF NO FEES WERE PAID. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnity

You will defend, indemnify, and hold harmless BrainZendand its officers, directors, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of Your Content, your misuse of the Services, or your violation of these Terms or applicable law, except to the extent caused by our gross negligence or willful misconduct.

15. Privacy

Our collection and use of personal data is described in our Privacy Policy. Data protection requests may be sent to privacy@brainzend.com.

16. Export and sanctions

You represent that you are not located in a country subject to comprehensive sanctions or identified on restricted party lists where use of the Services would be prohibited. You will comply with applicable export control and sanctions laws.

17. Governing law and disputes

If you are a consumer, nothing in these Terms limits mandatory rights you have under the laws of your country of residence. Otherwise, these Terms are governed by applicable law without regard to conflict-of-law principles that would require another jurisdiction's laws to apply.

Before initiating any formal proceeding, you agree to contact us at support@brainzend.com to try to resolve the dispute informally. Courts or tribunals with competent jurisdiction under applicable law will hear disputes not resolved informally.

18. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede prior oral or written understandings on the same subject.

Severability. If any provision is held invalid, the remaining provisions remain in effect.

No waiver. Failure to enforce a provision is not a waiver of future enforcement.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Language. If these Terms are translated, the English version controls in case of conflict, to the extent permitted by law.

19. Contact

For questions about these Terms: support@brainzend.com