Brainiac Terms of Service

Last Updated: [TO BE DETERMINED]

These Terms of Service ("Terms") govern your access to and use of the Brainiac platform, including all associated websites, applications, APIs, and services (collectively, the "Service"), operated by [TO BE DETERMINED] ("Brainiac," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

Effective Date: The date you first access or use the Service.

1. Definitions

"Account"

means your registered Brainiac account, including all associated business profiles and data.

"AI Tools"

means third-party artificial intelligence software, services, or features detected by our scanning technology or reported by you.

"Business Context"

means information you provide about your business, including but not limited to: company name, address, employee count, states of operation, industry, AI tools in use, data practices, and assessment responses.

"Compliance Documents"

means disclosure notices, impact assessments, consent forms, employee notices, and other documents generated by the Service based on your Business Context and applicable law data.

"Content"

means all text, data, documents, and other materials generated by, uploaded to, or displayed through the Service.

"Hosted Disclosure Page"

means a publicly accessible webpage hosted at a brainiac.com/d/[slug] URL that displays your Compliance Documents.

"Law Data"

means information about state and local AI-related laws, regulations, and requirements maintained in our database, including deadlines, penalties, requirements, and applicability thresholds.

"Scan Results"

means the output of our website scanning technology, including detected AI Tools and associated metadata.

"Subscription"

means your selected service tier, as displayed on our pricing page, including Free, and paid tiers.

2. Important Disclaimers About the Service

2.1 Legal Information, Not Legal Advice

Brainiac is not a law firm, and we do not provide legal advice. The Service provides legal information, document templates, and compliance readiness tools. Nothing in the Service constitutes legal advice, and no attorney-client relationship is created between you and Brainiac.

The Compliance Documents generated by the Service are templates based on our interpretation of applicable laws and your Business Context. They are starting points, not finished legal documents. You should have an attorney licensed in your jurisdiction review all Compliance Documents before relying on them, publishing them, or submitting them to any regulatory agency.

2.2 AI-Generated Content

Compliance Documents are generated using artificial intelligence systems. Due to the nature of AI-generated content:

1. Output may contain errors, omissions, or inaccuracies
2. The same inputs may produce different outputs at different times
3. Output may not reflect the most recent legislative changes
4. Output may not meet specific formatting or content requirements of any particular state agency
5. Output may not address all provisions of applicable law

You are solely responsible for reviewing, verifying, and approving all Compliance Documents before use. Brainiac does not warrant that any AI-generated content is accurate, complete, legally sufficient, or suitable for your specific circumstances.

2.3 Data Accuracy and Freshness

The Service maintains a database of state and local AI-related laws. While we make commercially reasonable efforts to keep Law Data current:

1. Legislative changes may not be reflected immediately
2. Regulatory interpretations may change without notice
3. Enforcement guidance may evolve independently of statutory text
4. Local ordinances may not be comprehensively covered

Each law record in our database displays a "last verified" date. You should independently verify any deadline, penalty amount, or requirement before relying on it for business decisions.

2.4 Coverage Scope

Brainiac covers 31 state and local AI laws across 23 US states. No prescriptive federal AI compliance statutes currently exist. EU AI Act and sector-specific regulations (including but not limited to HIPAA, financial services regulations, and employment-specific federal rules) are not covered.

The Service does not claim to identify every law that may apply to your use of AI. Laws outside our coverage scope may impose additional or different requirements. The absence of a law from our database does not mean no law applies.

2.5 No Guarantee of Regulatory Acceptance

Brainiac does not guarantee that any Compliance Document generated by the Service will be accepted by, satisfy the requirements of, or be deemed compliant by any state agency, regulatory body, or court. Regulatory requirements may be interpreted differently by different agencies, and acceptance standards may change.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing a valid email address and creating a password. You represent that all information you provide during registration is accurate and current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [TO BE DETERMINED] if you become aware of any unauthorized use of your account.

3.3 One Account Per Business

Each account represents a single business entity. You may not create multiple accounts to circumvent usage limits or tier restrictions.

4. Subscriptions and Billing

4.1 Subscription Tiers

The Service is offered in multiple tiers, as described on our pricing page. Features, usage limits, and document generation capabilities vary by tier.

4.2 Billing

Paid Subscriptions are billed in advance on a monthly or annual basis through Stripe, our payment processor. We do not store your payment card information; it is processed and stored by Stripe in accordance with PCI DSS requirements.

4.3 Price Changes

We may change Subscription prices upon 30 days' notice. Price changes take effect at the start of your next billing cycle following the notice period.

4.4 Refunds

Subscription fees are non-refundable except where required by applicable law or as expressly stated in these Terms.

4.5 Free Tier

The Free tier provides limited access to the Service at no cost. We reserve the right to modify Free tier features, usage limits, or availability at any time without notice.

5. Your Obligations

5.1 Accuracy of Business Context

You certify that all Business Context you provide to the Service is accurate, current, and complete to the best of your knowledge. You understand that the accuracy of Compliance Documents depends directly on the accuracy of your Business Context.

If your business circumstances change (including but not limited to: expanding to new states, hiring past employee-count thresholds, deploying new AI tools, or changing data practices), you are responsible for updating your Business Context promptly.

5.2 Authorization

You represent that you are authorized to provide Business Context on behalf of the business entity for which you are using the Service. If you are an employee, contractor, or agent, you represent that you have been authorized by the business entity to use the Service and to provide its business information.

5.3 Review Before Use

You agree to review all Compliance Documents before publishing, distributing, or relying on them. You acknowledge that AI-generated content requires human review and that you bear sole responsibility for any use of Compliance Documents.

6. Hosted Disclosure Pages

6.1 Public Accessibility

If you choose to publish a Hosted Disclosure Page, it will be publicly accessible at the URL we assign. Anyone with the URL can view the content.

6.2 Your Responsibility

You are solely responsible for the accuracy, completeness, and legal sufficiency of content displayed on your Hosted Disclosure Page. While the Service generates initial content, you are responsible for reviewing, editing, and approving it before publication.

6.3 Removal

We may remove or disable a Hosted Disclosure Page if we determine, in our sole discretion, that it violates these Terms, our Acceptable Use Policy, or applicable law.

7. Intellectual Property

7.1 Our Property

The Service, including its software, algorithms, law database, tool classification database, matching logic, user interface, and documentation, is owned by Brainiac and protected by intellectual property laws. These Terms do not grant you any ownership interest in the Service.

7.2 Your Data

You retain ownership of your Business Context and any original content you upload to the Service. By using the Service, you grant us a limited license to use your Business Context solely to provide the Service to you, including generating Compliance Documents and displaying your Hosted Disclosure Pages.

7.3 Generated Documents

Compliance Documents are generated using your Business Context combined with our Law Data and AI systems. You may use generated Compliance Documents for your business purposes. You may not resell, redistribute, or offer generated documents as a service to third parties without our prior written consent.

7.4 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, royalty-free license to use that feedback to improve the Service without obligation to you.

7.5 No AI Training

We do NOT use your Business Context, Scan Results, or Compliance Documents for AI model training, fine-tuning, or any purpose beyond providing the Service to you.

8. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, available at /legal/acceptable-use. Violation of the Acceptable Use Policy constitutes a violation of these Terms.

9. Indemnification

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

1. Your use of the Service or reliance on Compliance Documents without independent legal review
2. Your breach of these Terms or the Acceptable Use Policy
3. Your violation of any applicable law or regulation
4. Content displayed on your Hosted Disclosure Page
5. Any third-party claim arising from your Business Context being inaccurate, incomplete, or misleading
6. Your publication or distribution of Compliance Documents

10. Warranties and Disclaimers

10.1 Limited Warranty

We warrant that the Service will perform materially in accordance with its documentation during your Subscription period. This warranty does not apply to issues caused by your misuse, unauthorized modifications, or factors outside our reasonable control.

10.2 Disclaimer of Warranties

EXCEPT FOR THE LIMITED WARRANTY IN SECTION 10.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAINIAC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, BRAINIAC DOES NOT WARRANT THAT:

(A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS OR ACHIEVE ANY PARTICULAR COMPLIANCE OUTCOME;

(B) COMPLIANCE DOCUMENTS WILL BE ACCURATE, COMPLETE, LEGALLY SUFFICIENT, OR ACCEPTED BY ANY REGULATORY BODY;

(C) LAW DATA WILL BE CURRENT, ACCURATE, OR COMPLETE AT ALL TIMES;

(D) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;

(E) ANY DEFECTS WILL BE CORRECTED.

BRAINIAC IS A TOOL FOR ASSISTING YOU IN UNDERSTANDING AND ADDRESSING YOUR AI COMPLIANCE OBLIGATIONS. BRAINIAC HAS NO LIABILITY OR RESPONSIBILITY FOR YOUR COMPLIANCE PROGRAMS. YOU ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.

11. Limitation of Liability

11.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRAINIAC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, REGULATORY FINES OR PENALTIES IMPOSED ON YOU, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR DAMAGES ARISING FROM YOUR RELIANCE ON COMPLIANCE DOCUMENTS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF BRAINIAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAINIAC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE LESSER OF: (A) THE AGGREGATE FEES PAID BY YOU TO BRAINIAC DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).

11.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION 11 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE SERVICE FEES REFLECT THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN.

12. Term and Termination

12.1 Term

These Terms are effective from the date you create an account and continue until terminated by either party.

12.2 Termination by You

You may terminate your account at any time by contacting us at [TO BE DETERMINED]. Termination takes effect at the end of your current billing cycle. No refund is provided for partial billing periods.

12.3 Termination by Us

We may suspend or terminate your account immediately if:

1. You breach these Terms or the Acceptable Use Policy
2. You fail to pay Subscription fees within 15 days of the due date
3. We are required to do so by law
4. We cease offering the Service (with 30 days' notice)

12.4 Effect of Termination

Upon termination:

1. Your access to the Service will be disabled
2. Your Hosted Disclosure Pages will be taken offline
3. We will retain your data for 30 days to allow you to request export
4. After 30 days, your Business Context and Compliance Documents will be permanently deleted, except as required for our audit trail obligations

12.5 Survival

Sections 2 (Disclaimers), 7 (IP), 9 (Indemnification), 10 (Warranties), 11 (Liability), and 14 (Governing Law) survive termination.

13. Modifications to Terms

We may modify these Terms from time to time. We will provide at least 30 days' notice of material changes by email to the address associated with your account or by prominent notice within the Service. Your continued use of the Service after the effective date of modified Terms constitutes acceptance. If you do not agree to modified Terms, you must stop using the Service and terminate your account.

14. General Provisions

14.1 Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of [TO BE DETERMINED], without regard to conflict of law principles. Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in [TO BE DETERMINED], and you consent to personal jurisdiction in those courts.

14.2 Severability

If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

14.3 Entire Agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Brainiac regarding the Service and supersede all prior agreements and understandings.

14.4 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

14.5 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

14.6 Force Majeure

Neither party will be liable for failure to perform obligations due to causes beyond its reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures. This does not excuse your obligation to pay fees already due.

14.7 Contact

Questions about these Terms should be directed to [TO BE DETERMINED].