Brainio Terms of Service<p>Effective date: <b>July 1, 2019</b>
</p>
<p>Thank you for using Brainio! We're happy you're here.
Please read this Terms of Service agreement carefully before accessing or using Brainio.
Because it is such an important contract between us and our users, we have tried to make it as clear as possible.
For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.</p>SummarySectionWhat can you find there?A.
DefinitionsSome basic terms, defined in a way that will help you understand this agreement.
Refer back up to this section for clarification.B.
Account TermsThese are the basic requirements of having an Account on Brainio.C.
Acceptable UseThese are the basic rules you must follow when using your Brainio Account.D.
User-Generated ContentYou own the content you post on Brainio.
However, you have some responsibilities regarding it, and we ask you to grant us some rights so we can provide services to you.E.
Private ContentThis section talks about how Brainio will treat content you post in the Brainio.F.
CopyrightThis section talks about how Brainio will respond if you believe someone is infringing your copyrights on Brainio.G.
Intellectual Property NoticeThis describes Brainio's rights in the website and service.H.
API TermsThese are the rules for using Brainio's APIs.I.
Third Party ApplicationsWe have a few rules for using third-party applications.J.
PaymentYou are responsible for payment.
We are responsible for billing you accurately.K.
Cancellation and TerminationYou may cancel this agreement and close your Account at any time.L.
Communications with BrainioWe only use email and other electronic means to stay in touch with our users.
We do not provide phone support.M.
Disclaimer of WarrantiesWe provide our service as is, and we make no promises or guarantees about this service.
Please read this section carefully.
you should understand what to expect.N.
Limitation of LiabilityWe will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement.
Please read this section carefully.
it limits our obligations to you.O.
Release and IndemnificationYou are fully responsible for your use of the service.P.
Changes to these Terms of ServiceWe may modify this agreement, but we will give you 30 days' notice of changes that affect your rights.Q.
MiscellaneousPlease see this section for legal details.A.
Definitions<p>Short version: We use these basic terms throughout the agreement, and they have specific meanings.
You should know what we mean when we use each of the terms.
There's not going to be a test on it, but it's still useful information.</p>
<p>The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Brainio Privacy Statement, available at brainio.com/site/privacy) and procedures that we may publish from time to time on the Website.</p>
<p>The “Service” refers to the applications, software, products, and services provided by Brainio.</p>
<p>The “Website” refers to Brainio’s website located at brainio.com, and all content, services, and products provided by Brainio at or through the Website.
It also refers to Brainio-owned subdomains of brainio.com.</p>
<p>“The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service.
that accesses or uses any part of the Account.
or that directs the use of the Account in the performance of its functions.</p>
<p>“Brainio,” “We,” and “Us” refer to Brainio Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.</p>
<p>“Content” refers to content featured or displayed through the Website or Service, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
"Content" also includes Services.
“User-Generated Content” is Content, written or otherwise, created or uploaded by our Users.
"Your Content" is Content that you create or own.</p>
<p>An "Account" represents your legal relationship with Brainio.
A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Brainio.</p>B.
Account Terms<p>Short version: User Accounts have different administrative controls.
a human must create your Account.
you must provide a valid email address.
and you may not have more than one free Account.
You alone are responsible for your Account and anything that happens while you are signed in to or using your Account.
You are responsible for keeping your Account secure.</p>1.
Account Controls<p>Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.</p>2.
Required Information<p>You must provide a valid email address in order to complete the signup process.
Any other information requested, such as your real name, is optional, unless you opt for a paid Account, in which case additional information may be necessary for billing purposes.</p>3.
Account Requirements<p>We have a few simple rules for User Accounts on Brainio's Service.</p>
<p>You must be a human to create an Account.
Accounts registered by "bots" or other automated methods are not permitted.</p>
<p>One person or legal entity may maintain no more than one free Account.</p>
<p>You are responsible for complying with your country’s laws regarding country’s minimum age to use such service as Brainio.
If we learn of any User under the allowed age, we will terminate that User’s Account immediately.</p>
<p>Your login may only be used by one person — i.e., a single login may not be shared by multiple people.</p>4.
User Account Security<p>You are responsible for keeping your Account secure while you use our Service.
We may offer tools such as two-factor authentication to help you maintain your Account's security, but the content of your Account and its security are up to you.</p>
<p>You are responsible for all content posted and activity that occurs under your Account.</p>
<p>You are responsible for maintaining the security of your Account and password.
Brainio cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.</p>
<p>You will promptly notify Brainio if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.</p>5.
Additional Terms<p>In some situations, third parties' terms may apply to your use of Brainiop.
For example you may download an application that integrates with Brainio.
or you may use Brainio to authenticate to another service.
Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.</p>C.
Acceptable Use<p>Short version: Brainio suport collaboration across users, and that collaboration only works when our users are able to work together in good faith.
While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations.
In short, be excellent to each other.</p>1.
Compliance with Laws and Regulations<p>Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction.
You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.</p>2.
Content Restrictions<p>You agree that you will not under any circumstances upload, post, host, or transmit any content that:</p>
<ul>
<li>is unlawful or promotes unlawful activities;</li>
<li>is or contains sexually obscene content;</li>
<li>is libelous, defamatory, or fraudulent;</li>
<li>is discriminatory or abusive toward any individual or group;</li>
<li>contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system).
or</li>
<li>infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.</li>
</ul>3.
Conduct Restrictions<p>While using Brainio, you agree that you will not under any circumstances:</p>
<ul>
<li>harass, abuse, threaten, or incite violence towards any individual or group;</li>
<li>use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;</li>
<li>attempt to disrupt or tamper with Brainio's servers in ways that could harm our Website or Service, to place undue burden on Brainio's servers through automated means, or to access Brainio's Service in ways that exceed your authorization;</li>
<li>impersonate any person or entity, including through false association with Brainio, or by fraudulently misrepresenting your identity or site's purpose.
or</li>
<li>violate the privacy of any third party, such as by posting another person's personal information without consent.</li>
</ul>4.
Services Usage Limits<p>You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Brainio's express written permission.</p>5.
Scraping<p>Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler.
It does not refer to the collection of information through Brainio's API.
Please see Section H for our API Terms.
You may scrape the website for the following reasons:</p>
<ul>
<li>Researchers may scrape public, non-personal information from Brainio for research purposes, only if any publications resulting from that research are open access.</li>
<li>Archivists may scrape Brainio for public data for archival purposes.</li>
<li>You may not scrape Brainio for spamming purposes, including for the purposes of selling Brainio users' personal information, such as to recruiters, headhunters, and job boards.</li>
<li>All use of Brainio data gathered through scraping must comply with the Brainio Privacy Statement.</li>
</ul>6.
Privacy<p>Misuse of Brainio Users' Personal Information is prohibited.
</p>
<p>Any person, entity, or service collecting data from Brainio must comply with the Brainio Privacy Statement, particularly in regards to the collection of our Users' Personal Information.
If you collect any Brainio User's Personal Information from Brainio, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it.
You agree that you will reasonably secure any Personal Information you have gathered from Brainio, and you will respond promptly to complaints, removal requests, and "do not contact" requests from Brainio or Brainio Users.</p>7.
Excessive Bandwidth Use<p>If we determine your bandwidth usage to be significantly excessive in relation to other Brainio customers, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.</p>8.
User Protection<p>You agree not to engage in activity that significantly harms our Users.
We will resolve disputes in favor of protecting our Users as a whole.</p>D.
User-Generated Content<p>Short version: You own content you create, but you allow us certain rights to it, so that we can display and share the content you post.
You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service.
We have the right to remove content or close Accounts if we need to.</p>1.
Responsibility for User-Generated Content<p>You may create or upload User-Generated Content while using the Service.
You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content.
We are not responsible for any public display or misuse of your User-Generated Content.</p>2.
Brainio May Remove Content<p>We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Brainio terms or policies.</p>3.
Ownership of Content, Right to Post, and License Grants<p>You retain ownership of and responsibility for Your Content.
If you're posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post.
that you will only submit Content that you have the right to post.
and that you will fully comply with any third party licenses relating to Content you post.</p>
<p>Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Brainio Users — certain legal permissions, listed in Sections D.4 — D.6.
These license grants apply to Your Content.
You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.6.
The licenses you grant to us will end when you remove Your Content from our servers.</p>4.
License Grant to Us<p>We need the legal right to do things like host Your Content, publish it, and share it.
You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service.
This includes the right to do things like copy it to our database and make backups.
show it to you and other users.
parse it into a search index or otherwise analyze it on our servers.
share it with other users.
and perform it, in case Your Content is something like music or video.</p>
<p>This license does not grant Brainio the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.</p>5.
License Grant to Other Users<p>Any User-Generated Content you post publicly may be viewed and copied by others.
By setting your Content to be viewed publicly, you agree to allow others to view and copy the Content.</p>
<p>If you set your Content to be viewed publicly, you grant each User of Brainio a nonexclusive, worldwide license to use, display, and perform Your Content through the Brainio Service and to reproduce Your Content solely on Brainio as permitted through Brainio's functionality.
You may grant further rights if you adopt a license.
If you are uploading Content you did not create or own, you are responsible for ensuring that the Content you upload is licensed under terms that grant these permissions to other Brainio Users.</p>6.
Moral Rights<p>You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution.
However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section D.4, but not otherwise.</p>
<p>To the extent this agreement is not enforceable by applicable law, you grant Brainio the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.</p>E.
Private Content<p>Short version: We treat the private content as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.</p>1.
Control of Private Content<p>Users are allowed to control access to Content within their account.</p>2.
Confidentiality of Private Content<p>Brainio considers the private contents to be confidential to you.
Brainio will protect the contents of private content from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.</p>3.
Access<p>Brainio employees may only access the content of your private content in the following situations:</p>
<ul>
<li>With your consent and knowledge, for support reasons.
If Brainio accesses a private content for support reasons, we will only do so with the owner’s consent and knowledge.</li>
<li>When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of Brainio's systems and Service.</li>
</ul>4.
Exclusions<p>If we have reason to believe the contents of a private repository are in violation of the law or of these Terms, we have the right to access, review, and remove them.
Additionally, we may be compelled by law to disclose the contents.</p>F.
Copyright Infringement<p>If you believe that content on our website violates your copyright, please contact us.
We will terminate the Accounts of repeat infringers of this policy.</p>G.
Intellectual Property Notice<p>Short version: We own the service and all of our content.
In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.</p>1.
Brainio's Rights to Content<p>Brainio and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service.
We reserve all rights that are not expressly granted to you under this Agreement or by law.
The look and feel of the Website and Service is copyright of Brainio Inc.
All rights reserved.
You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Brainio.</p>2.
Brainio Trademarks and Logos<p>Brainio®, the Brainio® logo design, are exclusive trademarks registered by Brainio Inc.
All rights reserved.
No adaptation or use of any kind of any of our registered trademarks or copyrights, or any other contents of this website, is allowed without the express written permission of Brainio Inc.</p>H.
API Terms<p>Short version: You agree to these Terms of Service, plus this Section H, when using any of Brainio's APIs (Application Provider Interface), including use of the API through a third party product that accesses Brainio.</p>No Abuse or Overuse of the API<p>Abuse or excessively frequent requests to Brainio via the API may result in the temporary or permanent suspension of your Account's access to the API.
Brainio, in our sole discretion, will determine abuse or excessive usage of the API.
We will make a reasonable attempt to warn you via email prior to suspension.</p>
<p>You may not use the API to download data or Content from Brainio for spamming purposes, including for the purposes of selling Brainio users' personal information, such as to recruiters, headhunters, and job boards.</p>
<p>All use of the Brainio API is subject to these Terms of Service and the Brainio Privacy Statement.</p>
<p>Brainio may offer subscription-based access to our API for those Users who require high-throughput access.</p>I.
Third Party Applications<p>Short version: You need to follow certain rules if you create an application for other Users.</p>1.
Creating Applications<p>If you create a third-party application or other developer product that collects User Personal Information or User-Generated Content and integrates with the Service through Brainio's API, OAuth mechanism, or otherwise ("Developer Product"), and make it available for other Users, then you must comply with the following requirements:</p>
<ul>
<li>You must comply with this Agreement and the Brainio Privacy Statement.</li>
<li>Except as otherwise permitted, such as by law or by a license, you must limit your usage of the User Personal Information or User-Generated Content you collect to that purpose for which the User has authorized its collection.</li>
<li>You must take all reasonable security measures appropriate to the risks, such as against accidental or unlawful destruction, or accidental loss, alteration, unauthorized disclosure or access, presented by processing the User Personal Information or User-Generated Content.</li>
<li>You must not hold yourself out as collecting any User Personal Information or User-Generated Content on Brainio’s behalf, and provide sufficient notice of your privacy practices to the User, such as by posting a privacy policy.</li>
<li>You must provide Users with a method of deleting any User Personal Information or User-Generated Content you have collected through Brainio after it is no longer needed for the limited and specified purposes for which the User authorized its collection, except where retention is required by law or otherwise permitted, such as through a license.</li>
</ul>2.
Using Third-Party Applications<p>Brainio makes no warranties of any kind in relation to third-party applications and is not liable for disclosures to third parties that you authorize to access Your Content.
Your use of any third-party applications is at your sole risk.</p>J.
Payment<p>Short version: You are responsible for any fees associated with your use of Brainio.
We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.</p>1.
Pricing<p>Our pricing and payment terms are available at brainio.com/pricing.
If you agree to a subscription price, that will remain your price for the duration of the payment term.
however, prices are subject to change at the end of a payment term.</p>2.
Upgrades, Downgrades, and Changes<p>We will immediately bill you when you upgrade from the free plan to any paying plan.</p>
<p>If you change from a monthly billing plan to a yearly billing plan, Brainio will bill you for a full year immediately with discount with remaining value of cancelled plan.</p>
<p>If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately with discount with remaining value of cancelled plan.</p>
<p>You may change your level of service at any time by choosing a plan option or going into your Billing settings.
If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account.</p>3.
Billing Schedule.
No Refunds<p>For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively and is non-refundable.
There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account.
however, the service will remain active for the length of the paid billing period.</p>
<p>In order to treat everyone equally, no exceptions will be made.</p>4.
Authorization<p>By agreeing to these Terms, you are giving us permission to charge your on-file credit card, or other approved methods of payment for fees that you authorize for Brainio.</p>5.
Responsibility for Payment<p>You are responsible for all fees, including taxes, associated with your use of the Service.
By using the Service, you agree to pay Brainio any charge incurred in connection with your use of the Service.
You are responsible for providing us with a valid means of payment for paid Accounts.
Free Accounts are not required to provide payment information.</p>K.
Cancellation and Termination<p>Short version: You may close your Account at any time.
If you do, we'll treat your information responsibly.</p>1.
Account Cancellation<p>It is your responsibility to properly cancel your Account with Brainio.
You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen.
The Account screen provides a simple, no questions asked cancellation link.
We are not able to cancel Accounts in response to an email or phone request.</p>2.
Upon Cancellation<p>We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 90 days of cancellation or termination (though some information may remain in encrypted backups).
This information can not be recovered once your Account is cancelled.</p>
<p>We will not delete Content that you have shared with other Users or that other Users have copied.</p>3.
Brainio May Terminate<p>Brainio has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately.
Brainio reserves the right to refuse service to anyone for any reason at any time.</p>4.
Survival<p>All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.</p>L.
Communications with Brainio<p>Short version: We use email and other electronic means to stay in touch with our users.</p>1.
Electronic Communication Required<p>For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service.
and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.
This section does not affect your non-waivable rights.</p>2.
Legal Notice to Brainio Must Be in Writing<p>Communications made through email or Brainio Support's messaging system will not constitute legal notice to Brainio or any of its officers, employees, agents or representatives in any situation where notice to Brainio is required by contract or any law or regulation.
Legal notice to Brainio must be in writing and served on Brainio's legal agent.</p>3.
No Phone Support<p>Brainio only offers support via email, in-Service communications, and electronic messages.
We do not offer telephone support.</p>M.
Disclaimer of Warranties<p>Short version: We provide our service as is, and we make no promises or guarantees about this service.
Please read this section carefully.
you should understand what to expect.</p>
<p>Brainio provides the Website and the Service “as is” and “as available,” without warranty of any kind.
Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.</p>
<p>Brainio does not warrant that the Service will meet your requirements.
that the Service will be uninterrupted, timely, secure, or error-free.
that the information provided through the Service is accurate, reliable or correct.
that any defects or errors will be corrected.
that the Service will be available at any particular time or location.
or that the Service is free of viruses or other harmful components.
You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.</p>N.
Limitation of Liability<p>Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement.
Please read this section carefully.
it limits our obligations to you.</p>
<p>You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:</p>
<ul>
<li>the use, disclosure, or display of your User-Generated Content;</li>
<li>your use or inability to use the Service;</li>
<li>any modification, price change, suspension or discontinuance of the Service;</li>
<li>the Service generally or the software or systems that make the Service available;</li>
<li>unauthorized access to or alterations of your transmissions or data;</li>
<li>statements or conduct of any third party on the Service;</li>
<li>any other user interactions that you input or receive through your use of the Service.
or</li>
<li>any other matter relating to the Service.</li>
</ul>
<p>Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.
We will have no liability for any failure or delay due to matters beyond our reasonable control.</p>O.
Release and Indemnification<p>Short version: You are responsible for your use of the service.
If you harm someone else or get into a dispute with someone else, we will not be involved.</p>
<p>If you have a dispute with one or more Users, you agree to release Brainio from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.</p>
<p>You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Brainio (1) promptly gives you written notice of the claim, demand, suit or proceeding.
(2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Brainio of all liability).
and (3) provides to you all reasonable assistance, at your expense.</p>P.
Changes to These Terms<p>Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo.
So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.</p>
<p>We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments.
We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website.
For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.</p>
<p>We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.</p>Q.
Miscellaneous1.
Amendments.
Complete Agreement<p>This Agreement may only be modified by a written amendment signed by an authorized representative of Brainio, or by the posting by Brainio of a revised version in accordance with Section R.
Changes to These Terms.
These Terms of Service, together with the Brainio Privacy Statement, represent the complete and exclusive statement of the agreement between you and us.
This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Brainio relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.</p>2.
Questions<p>Questions about the Terms of Service? Contact us.</p>