Terms of Use

Last Updated: 1st January 2026

These Terms of Use (“Terms”) govern your access to and use of the Brainpost website, mobile applications, software, tools, APIs, and all related services (collectively, the “Service”), operated by Brainpost (“Brainpost”, “we”, “us”, or “our”).

By accessing, registering for, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

Here are the sections below:

 

1. Acceptance of Terms

Welcome, and thank you for your interest in Brainpost (“Brainpost”, “Company”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of the Brainpost website located at brainpost.io, together with any related websites, applications, mobile applications, software, tools, networks, APIs, and other services provided by Brainpost (collectively, the “Service”).

These Terms constitute a legally binding agreement between you and Brainpost regarding your access to and use of the Service.

Please read these Terms carefully together with our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference and form part of our contractual relationship with you (each a “User” or “Customer”). To the extent permitted by law, all such policies, together with any additional terms, guidelines, or software license agreements provided by Brainpost from time to time, form a single binding agreement between you and Brainpost.

By clicking “I Accept,” creating an account, downloading, installing, accessing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the Privacy Policy, Cookie Policy, and any additional terms or policies that Brainpost may provide from time to time (collectively, the “Terms”).

If you do not agree to these Terms, or if you are not eligible to use the Service, you must not access or use the Service. Your continued use of the Service, and Brainpost’s provision of the Service to you, constitutes mutual agreement by you and Brainpost to be bound by these Terms.

2. Eligibility and User Requirements

The Service is intended for use only by individuals who meet the eligibility requirements set out in this Section.

By accessing or using the Service, you represent and warrant that:

  1. Minimum Age Requirement
    You are at least sixteen (16) years of age. The Service is not intended for, and may not be used by, individuals under the age of 16. Brainpost does not knowingly permit individuals under this age to create accounts or use the Service.

    If you are accessing the Service from a jurisdiction that requires a higher minimum age for lawful use of online services, you must meet that higher age requirement.

  2. Legal Capacity
    You have the legal capacity to enter into a binding agreement with Brainpost under applicable law. If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that such entity agrees to be responsible for your use of the Service.

  3. Compliance with Laws and Policies
    You agree to use the Service in compliance with all applicable local, national, and international laws, regulations, and rules, including but not limited to laws governing data protection, intellectual property, online conduct, and electronic communications.

  4. Accurate and Current Information
    You agree to provide accurate, complete, and up-to-date information when creating an account or using the Service and to promptly update such information as necessary. Brainpost is not responsible for issues arising from inaccurate or outdated information provided by you.

  5. No Prior Restriction or Ban
    You must not access or use the Service if you have previously been suspended, terminated, or otherwise restricted from using Brainpost, unless you have received express written permission from Brainpost to do so.

Brainpost reserves the right, at its sole discretion, to refuse access to the Service, suspend accounts, or terminate user access where eligibility requirements are not met or where continued access may pose legal, security, or operational risks.

3. Description of the Service

Brainpost provides a comprehensive digital platform designed to assist individuals, businesses, brands, and organizations in planning, creating, managing, scheduling, publishing, analyzing, and optimizing digital content across supported platforms.

The Service includes a range of tools and functionalities, which may include, without limitation:

  • Tools for content creation, drafting, editing, and management;

  • AI-powered image creation tools, enabling users to generate visual content using artificial intelligence;

  • AI-powered video creation tools, enabling users to create or generate video content through automated or assisted processes;

  • Content scheduling, publishing, and calendar management features;

  • Social media account connection, management, and posting integrations;

  • Analytics, insights, performance tracking, and reporting tools;

  • Collaboration features for teams, organizations, and multi-user accounts;

  • Automation, workflow management, and productivity tools;

  • Dashboards, notifications, and administrative, account, and subscription management features.

The Service may be accessed through the Brainpost website, mobile applications, and any other platforms or interfaces made available by Brainpost from time to time. Certain features, tools, or functionalities may be subject to usage limits, plan restrictions, feature availability, geographic limitations, or the payment of applicable fees.

Brainpost may utilize artificial intelligence, machine learning, automated systems, and related technologies to power certain features of the Service, including image creation, video creation, content generation, and other intelligent or assisted functionalities. Such technologies may be developed internally by Brainpost or made available through licensed technologies, application programming interfaces (APIs), or other technical sources. Brainpost does not publicly disclose the specific providers, models, or technical implementations used to deliver AI-powered features.

You acknowledge and agree that content generated or assisted by AI-based features may vary in quality, accuracy, completeness, or suitability and is provided on an “as-is” basis. You are solely responsible for reviewing, editing, and ensuring that any AI-generated or AI-assisted content complies with applicable laws, platform rules, intellectual property rights, and third-party policies before use or publication.

Brainpost continuously develops, updates, and improves the Service and reserves the right, at any time and at its sole discretion, to add, modify, suspend, or discontinue any part of the Service, including features, tools, integrations, or functionalities, with or without prior notice. Brainpost does not guarantee that any specific feature, integration, or functionality will remain available indefinitely.

You further acknowledge and agree that Brainpost provides tools intended to assist with content creation, management, and analysis only, and that Brainpost does not guarantee any specific results, performance outcomes, audience reach, engagement levels, revenue, or business success arising from your use of the Service.

4. Access to the Service and User Accounts

In order to access certain features, tools, or functionalities of the Service, you may be required to create and maintain a user account with Brainpost.

4.1 Account Registration

When registering for an account, you agree to provide accurate, current, and complete information as requested during the registration process. This may include personal, business, or organizational information necessary to enable access to the Service.

You agree to keep your account information up to date at all times. Brainpost is not responsible for any issues, losses, or limitations arising from inaccurate, incomplete, or outdated information provided by you.

Brainpost reserves the right to refuse registration, cancel accounts, or restrict access to the Service at its sole discretion, including where information provided is inaccurate or where registration poses legal, security, or operational risks.

4.2 Account Credentials and Security

You are responsible for maintaining the confidentiality of your login credentials, including your username, password, and any other authentication information associated with your account.

You agree that:

  • You will not share your login credentials with any third party;

  • You are fully responsible for all activities that occur under your account;

  • You will immediately notify Brainpost of any unauthorized use of your account or any suspected security breach.

Brainpost will not be liable for any loss or damage arising from unauthorized access to your account resulting from your failure to protect your credentials.

4.3 Account Use and Responsibility

You may use the Service only for your own lawful purposes or, where applicable, on behalf of the organization you represent. You agree not to allow any unauthorized individual to access or use your account.

If you are using the Service on behalf of a company, organization, or other legal entity, you acknowledge and agree that such entity is responsible for all use of the Service under that account, including compliance with these Terms.

4.4 Multiple Users and Team Access

Certain plans or features of the Service may allow multiple users, team members, or collaborators to access a single account or workspace.

You are responsible for:

  • Managing user permissions and access levels;

  • Ensuring that all authorized users comply with these Terms;

  • All actions taken by users granted access under your account.

Brainpost may limit the number of users, seats, or collaborators based on your subscription plan or usage limits.

4.5 Account Suspension, Restriction, or Access Limitations

Brainpost reserves the right, at its sole discretion, to suspend, restrict, or limit access to your account or the Service, temporarily or permanently, if:

  • You violate these Terms or applicable laws;

  • Your use of the Service poses security, legal, or operational risks;

  • Required payments are overdue or disputed;

  • Brainpost is required to do so by law or regulatory authority.

Any suspension or restriction may result in temporary or permanent loss of access to data, content, or features associated with your account.

4.6 Account Deactivation by User

You may deactivate or terminate your account at any time through the Service (where available) or by contacting Brainpost support. Account termination and data handling will be governed by the applicable provisions of these Terms and the Privacy Policy.

5. Use of the Service and Prohibited Activities

You agree to access and use the Service only for lawful purposes and in accordance with these Terms, all applicable laws and regulations, and any applicable third-party platform rules.

5.1 Permitted Use

Subject to your compliance with these Terms, Brainpost grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service solely for its intended purposes, including content creation, management, scheduling, publishing, analytics, and related activities.

You agree to use the Service responsibly and in a manner that does not harm Brainpost, other users, or third parties.

5.2 Prohibited Activities

You must not, directly or indirectly, engage in any of the following activities while using the Service:

  • Use the Service for any unlawful, fraudulent, deceptive, abusive, or harmful purpose;

  • Violate any applicable local, national, or international law or regulation;

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity;

  • Upload, post, generate, or distribute content that infringes intellectual property, privacy, or other legal rights of others;

  • Use the Service to create, distribute, or promote spam, scams, misleading information, or unauthorized advertising;

  • Introduce viruses, malware, worms, or any other harmful code into the Service;

  • Attempt to gain unauthorized access to the Service, accounts, systems, or networks;

  • Interfere with, disrupt, or degrade the performance, security, or integrity of the Service or its infrastructure;

  • Reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive the source code or underlying technology of the Service, except where expressly permitted by law;

  • Sell, resell, lease, sublicense, or otherwise commercially exploit the Service without Brainpost’s prior written consent;

  • Use automated tools, bots, scrapers, or scripts to access, extract data from, or interact with the Service without authorization;

  • Circumvent or attempt to circumvent usage limits, access controls, or security measures;

  • Use the Service in a manner that violates the terms, policies, or rules of any connected third-party platform or service.

5.3 Monitoring and Enforcement

Brainpost reserves the right, but does not have an obligation, to monitor use of the Service to ensure compliance with these Terms and applicable laws.

If Brainpost determines, in its sole discretion, that you have violated this Section or engaged in prohibited activities, Brainpost may take appropriate action, including but not limited to:

  • Issuing warnings;

  • Restricting or suspending access to the Service;

  • Removing or disabling content;

  • Terminating your account;

  • Taking legal action where appropriate.

5.4 User Responsibility

You acknowledge and agree that you are solely responsible for your use of the Service and for any content, actions, or outcomes resulting from your use of the Service.

Brainpost is not responsible for any consequences arising from your misuse of the Service or from violations of these Terms or applicable laws.

6. Connected Third-Party Services and Integrations

The Service may allow you to connect, integrate, or interact with third-party platforms, services, tools, or websites (“Third-Party Services”), including but not limited to social media platforms, analytics tools, content distribution platforms, and payment providers.

6.1 Use of Third-Party Services

When you connect or use any Third-Party Services through the Service, you acknowledge and agree that:

  • Such Third-Party Services are provided and operated by independent third parties, not Brainpost;

  • Your use of Third-Party Services is subject to the applicable terms, policies, and conditions of those third parties;

  • Brainpost does not control, endorse, or assume responsibility for the content, functionality, availability, or practices of Third-Party Services.

You are solely responsible for reviewing and complying with the terms and policies of any Third-Party Services you choose to connect to or use through the Service.

6.2 Authorization and Permissions

By connecting a Third-Party Service to your Brainpost account, you authorize Brainpost to access, store, process, and transmit data from such Third-Party Service as necessary to provide the functionality of the Service.

You represent and warrant that you have all necessary rights, permissions, and authority to grant such access and that doing so does not violate any agreement between you and the third-party provider.

6.3 Availability and Changes to Integrations

Brainpost does not guarantee the availability, accuracy, or continued support of any Third-Party Service or integration.

Third-Party Services may change, suspend, or discontinue their APIs, features, or access permissions at any time, which may affect the functionality of the Service. Brainpost is not responsible for any disruption, loss of functionality, or data issues resulting from changes made by Third-Party Services.

Brainpost reserves the right to add, modify, limit, or remove integrations with Third-Party Services at any time, with or without notice.

6.4 Third-Party Content and Data

Any content, data, or information obtained from Third-Party Services is provided “as-is” and “as-available.” Brainpost does not guarantee the accuracy, completeness, or reliability of such content or data.

You acknowledge that Brainpost is not responsible for any loss, damage, or liability arising from your reliance on Third-Party Services or third-party content.

6.5 Disclaimer of Responsibility

Brainpost disclaims all liability arising from Third-Party Services, including but not limited to:

  • Service interruptions or outages;

  • Data loss or corruption;

  • Changes to third-party terms or policies;

  • Actions or omissions of third-party providers.

Your interactions with Third-Party Services are solely between you and the applicable third party.

7. User Content Generally

The Service may allow you to create, upload, generate, submit, publish, schedule, store, or otherwise make available content through the Service, including but not limited to text, images, videos, graphics, audio, captions, prompts, comments, metadata, and other materials (collectively, “User Content”).

7.1 Ownership of User Content

You retain ownership of any User Content that you submit or create through the Service, subject to the rights and licenses granted to Brainpost under these Terms.

Brainpost does not claim ownership over your User Content. However, you acknowledge that certain technical rights are required for Brainpost to operate and provide the Service.

7.2 License Granted to Brainpost

By submitting, uploading, generating, or otherwise making User Content available through the Service, you grant Brainpost a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, process, reproduce, modify, display, distribute, and transmit such User Content solely for the purposes of:

  • Operating, maintaining, and providing the Service;

  • Enabling content scheduling, publishing, and analytics;

  • Improving, developing, and enhancing the Service;

  • Complying with legal obligations and enforcing these Terms.

This license continues for as long as your User Content remains available through the Service and may survive account termination to the extent necessary for legal, operational, or backup purposes, as described in the Privacy Policy.

7.3 Responsibility for User Content

You are solely responsible for your User Content and for any consequences arising from submitting, publishing, or using such content through the Service.

You represent and warrant that:

  • You own or have all necessary rights, licenses, permissions, and consents to submit and use your User Content;

  • Your User Content does not infringe or violate any intellectual property, privacy, publicity, or other legal rights of any third party;

  • Your User Content complies with all applicable laws, regulations, and third-party platform rules.

Brainpost is not responsible for reviewing, validating, or verifying the legality, accuracy, or appropriateness of User Content.

7.4 AI-Generated and AI-Assisted Content

Certain features of the Service may allow you to generate or assist in the creation of content using artificial intelligence or automated technologies.

You acknowledge and agree that:

  • AI-generated or AI-assisted content is produced based on inputs, prompts, or data provided by you;

  • Such content may not be original, accurate, complete, or suitable for all purposes;

  • You are solely responsible for reviewing, editing, and determining the appropriateness of any AI-generated or AI-assisted content before use or publication.

You are responsible for ensuring that AI-generated or AI-assisted content complies with applicable laws, platform policies, and third-party rights.

7.5 No Obligation to Host or Publish

Brainpost does not guarantee that any User Content will be hosted, stored, published, or made available through the Service. Brainpost reserves the right, at its sole discretion, to remove, restrict, or disable access to User Content in accordance with these Terms or applicable law.

8. Restrictions on User Content

You agree that you will not create, upload, generate, publish, distribute, or otherwise make available any User Content through the Service that violates these Terms, applicable laws, or the rights of others.

8.1 Prohibited Content

User Content must not:

  • Be unlawful, illegal, fraudulent, deceptive, or misleading;

  • Promote or facilitate illegal activities or violations of applicable laws;

  • Infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights of any third party;

  • Contain false, defamatory, libelous, abusive, harassing, threatening, hateful, or discriminatory material;

  • Contain obscene, pornographic, sexually explicit, or otherwise inappropriate material;

  • Promote violence, self-harm, or dangerous activities;

  • Contain malware, viruses, malicious code, or any content intended to disrupt or damage systems or data;

  • Constitute spam, scams, phishing attempts, or unauthorized advertising;

  • Impersonate any person or entity or misrepresent your identity or affiliation;

  • Violate the terms, policies, or rules of any connected third-party platform or service.

8.2 Platform and Policy Compliance

You are solely responsible for ensuring that your User Content complies with:

  • These Terms;

  • All applicable laws and regulations;

  • The terms, policies, and content guidelines of any third-party platforms to which content is published or distributed using the Service.

Brainpost does not guarantee that content created or published through the Service will comply with third-party platform rules, and Brainpost is not responsible for content removals, penalties, or account actions taken by third-party platforms.

8.3 Monitoring and Enforcement

Brainpost reserves the right, but does not have an obligation, to review, monitor, or remove User Content at any time and for any reason, including where Brainpost determines, in its sole discretion, that such content violates these Terms or applicable law.

Enforcement actions may include:

  • Removal or disabling of User Content;

  • Suspension or termination of account access;

  • Limitation of Service features;

  • Reporting content to relevant authorities where required by law.

8.4 No Liability for User Content

You acknowledge and agree that Brainpost is not responsible for User Content posted, generated, or shared by users and does not endorse any opinions, statements, or content expressed by users.

Brainpost shall not be liable for any claims, damages, or losses arising from User Content or your reliance on such content.

8.5 Consequences of Violation

Violation of this Section may result in immediate action by Brainpost, including suspension or termination of your account, removal of content, or other remedies available under these Terms or applicable law.

9. Intellectual Property Rights

9.1 Ownership of the Service

Except for User Content, the Service and all materials made available through the Service are owned by or licensed to Brainpost. This includes, without limitation, the software, source code, object code, algorithms, models, systems, interfaces, designs, layouts, graphics, logos, trademarks, service marks, trade names, documentation, text, audiovisual elements, and all related intellectual property rights (collectively, the “Brainpost Materials”).

All rights, title, and interest in and to the Brainpost Materials are reserved by Brainpost and its licensors and are protected by applicable intellectual property laws.

9.2 Limited License to Users

Subject to your compliance with these Terms, Brainpost grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service and Brainpost Materials solely for your internal, lawful, and intended purposes.

This license does not grant you any ownership interest in the Service or Brainpost Materials and may be revoked at any time in accordance with these Terms.

9.3 Restrictions on Use

You may not, directly or indirectly:

  • Copy, reproduce, modify, adapt, translate, or create derivative works based on the Service or Brainpost Materials;

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying models, or proprietary technology used in the Service, except to the extent expressly permitted by law;

  • Remove, alter, or obscure any proprietary notices, trademarks, or branding;

  • Use the Service or Brainpost Materials for competitive analysis, benchmarking, or to develop competing products or services;

  • Sell, license, sublicense, lease, rent, or otherwise commercially exploit the Service or Brainpost Materials without Brainpost’s prior written consent.

9.4 Trademarks

All trademarks, service marks, logos, and trade names displayed through the Service are the property of Brainpost or their respective owners. Nothing in these Terms grants you the right to use any Brainpost trademark without prior written permission.

9.5 Feedback

If you provide suggestions, feedback, ideas, or recommendations regarding the Service (“Feedback”), you acknowledge and agree that Brainpost may use such Feedback without restriction or compensation to you. Feedback is provided on a non-confidential basis.

9.6 Copyright Complaints

Brainpost respects the intellectual property rights of others and expects users to do the same. If you believe that any content available through the Service infringes your copyright or other intellectual property rights, you may contact Brainpost with a detailed notice, including sufficient information to identify the allegedly infringing material.

10. Payments, Subscriptions, and Billing

Certain features, tools, or functionalities of the Service require payment of fees. By subscribing to a paid plan, purchasing credits, or using any paid feature of the Service, you agree to the payment, billing, and refund terms set out in this Section.

10.1 Paid Services and Subscription Plans

Brainpost may offer free plans, paid subscription plans, usage-based features, add-ons, or one-time purchases. The applicable features, limits, pricing, billing frequency, and conditions for each plan will be made available to you at the time of purchase or within the Service.

Brainpost reserves the right to introduce new plans, modify existing plans, change pricing, or discontinue any plan or feature at any time, subject to applicable notice requirements.

10.2 Payment Processing

Payments for the Service are processed through third-party payment processors, including Stripe and Paystack.

By providing payment information, you authorize Brainpost and its payment processors to charge the applicable fees using your selected payment method. Brainpost does not store full debit card, credit card, or bank account details and relies on its payment processors to securely handle payment information.

Payment processors operate independently and process payments in accordance with their own terms, privacy policies, and security practices. Brainpost is not responsible for errors, outages, chargebacks, or actions taken by payment processors.

10.3 Recurring Billing and Auto-Renewal

If you subscribe to a plan that involves recurring billing, your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.

You authorize Brainpost to automatically charge your selected payment method for each renewal period at the then-current rate, including any applicable taxes, until you cancel your subscription.

10.4 Billing Accuracy and User Responsibility

You agree to provide accurate, complete, and up-to-date billing and payment information and to promptly update such information if it changes.

You are responsible for:

  • All fees and charges incurred under your account;

  • Any applicable taxes, duties, or government charges;

  • Charges incurred by authorized users or team members under your account.

Failure to maintain valid payment information may result in suspension, restriction, or termination of access to paid features.

10.5 Cancellations

You may cancel your subscription at any time through your account settings or by using any other cancellation method made available by Brainpost.

Cancellation will take effect at the end of the current billing period unless otherwise stated. You will continue to have access to paid features until the end of the billing period for which payment has already been made.

Early cancellation does not entitle you to a refund for any unused portion of the subscription period.

10.6 Refunds, Grace Period, and Subscription Usage

Except where required by applicable law, all subscription fees and payments made to Brainpost are non-refundable once the Service has been accessed or used.

Where Brainpost provides a limited grace period, trial period, or initial access window (if any), the following rules apply:

  • If you subscribe to a paid plan and use the Service beyond the applicable grace or trial period, the subscription fee becomes fully non-refundable.

  • If you begin using the Service during a paid subscription period — including but not limited to creating content, generating AI images or videos, scheduling posts, publishing content, or using analytics features — no refund will be issued, even if only a few days (for example, three (3) days or five (5) days) of the subscription period have elapsed.

  • Non-use, partial use, or early termination of a subscription does not entitle you to a refund.

10.7 Credits and Usage-Based Features

Certain features of the Service may be provided on a credit-based or usage-based system, including but not limited to AI image creation, AI video creation, or other advanced functionalities.

The following rules apply to credits:

  • Used credits are strictly non-refundable under all circumstances.

  • Credits that have been partially or fully used cannot be reversed, refunded, exchanged, or transferred.

  • Unused credits may be eligible for a refund only if:

    • A refund request is submitted within a limited period after purchase, as determined by Brainpost; and

    • The credits have not been used in any way.

Brainpost reserves the right, at its sole discretion and subject to applicable law, to approve or deny refund requests for unused credits.

10.8 Failed Payments, Chargebacks, and Disputes

If a payment fails, is reversed, or is disputed, Brainpost may:

  • Retry the payment using the provided payment method;

  • Suspend or restrict access to paid features;

  • Downgrade your account to a free plan;

  • Terminate your account if payment issues persist.

You acknowledge that initiating chargebacks or payment disputes without first contacting Brainpost may result in immediate suspension or termination of your account.

10.9 Price Changes

Brainpost may change subscription fees, pricing structures, or billing models from time to time. Where required by law, Brainpost will provide reasonable notice before such changes take effect.

Continued use of the paid Service after a pricing change becomes effective constitutes your acceptance of the updated pricing.

10.10 Taxes

Fees charged by Brainpost do not include taxes unless expressly stated otherwise. You are responsible for paying all applicable taxes, levies, or duties imposed by taxing authorities in connection with your use of the Service.

11. Taxes

All fees, charges, and payments made to Brainpost are exclusive of any applicable taxes, levies, duties, or governmental assessments, unless expressly stated otherwise.

You are solely responsible for determining and paying any applicable taxes associated with your use of the Service, including but not limited to sales tax, value-added tax (VAT), goods and services tax (GST), withholding taxes, or similar charges imposed by any taxing authority.

Brainpost may collect and remit taxes where required by applicable law. In such cases, the applicable taxes will be added to your invoice or charged at the time of payment, as required.

You agree to provide any information reasonably requested by Brainpost to comply with tax reporting or collection obligations.

12. Service Availability and Modifications

Brainpost aims to provide the Service in a reliable and accessible manner; however, you acknowledge and agree that the Service may not be available at all times.

12.1 Service Availability

The Service is provided on an “as-is” and “as-available” basis. Brainpost does not guarantee that the Service will be uninterrupted, timely, secure, or error-free.

Access to the Service may be interrupted or limited from time to time due to:

  • Scheduled or unscheduled maintenance;

  • System upgrades or updates;

  • Network failures or technical issues;

  • Circumstances beyond Brainpost’s reasonable control.

Brainpost is not responsible for any loss, damage, or inconvenience arising from the unavailability or interruption of the Service.

12.2 Modifications to the Service

Brainpost reserves the right, at any time and at its sole discretion, to modify, update, suspend, or discontinue any part of the Service, including features, tools, functionalities, integrations, or content.

Such modifications may include:

  • Adding or removing features;

  • Changing how certain features operate;

  • Introducing new usage limits or restrictions;

  • Requiring payment for features that were previously free.

Brainpost does not guarantee that any specific feature, functionality, or integration will remain available indefinitely.

12.3 No Liability for Changes

You acknowledge and agree that Brainpost shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

Your continued use of the Service following any changes constitutes your acceptance of such changes, subject to applicable notice requirements under these Terms.

13. Account Suspension and Termination

Brainpost reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:

  • Violation of these Terms or any applicable policy;

  • Violation of applicable laws or regulations;

  • Non-payment or payment disputes;

  • Security, fraud, or abuse concerns;

  • Conduct that may harm Brainpost, other users, or third parties.

Suspension or termination may result in loss of access to your account, User Content, features, or data. Brainpost is not responsible for any loss or damage arising from suspension or termination, except as required by law.

You may terminate your account at any time through the Service or by contacting Brainpost support. Account termination and data handling will be governed by these Terms and the Privacy Policy.

14. Disclaimers

To the maximum extent permitted by applicable law, the Service is provided on an “as-is” and “as-available” basis.

Brainpost expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, or suitability for any purpose.

Brainpost does not warrant that:

  • The Service will meet your requirements or expectations;

  • The Service will be uninterrupted, error-free, or secure;

  • Any content or results generated through the Service will be accurate, complete, or reliable.

15. Limitation of Liability

To the fullest extent permitted by law, Brainpost shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of or inability to use the Service.

To the extent permitted by law, Brainpost’s total cumulative liability for all claims arising out of or related to these Terms or the Service shall not exceed the total amount paid by you to Brainpost in the twelve (12) months immediately preceding the event giving rise to the claim.

16. Indemnification

You agree to indemnify, defend, and hold harmless Brainpost, together with its affiliates, founders, directors, officers, employees, contractors, agents, licensors, and service providers (collectively, the “Brainpost Parties”), from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:

  1. Your Use of the Service
    Your access to or use of the Service, including any actions taken through your account, whether by you or by any person authorized to access your account.

  2. Your User Content
    Any content you create, upload, generate, publish, schedule, distribute, or otherwise make available through the Service, including claims that such content infringes or violates the intellectual property, privacy, publicity, or other rights of any third party.

  3. Violation of These Terms
    Your breach or alleged breach of these Terms, any incorporated policies, or any representations or warranties made by you under these Terms.

  4. Violation of Laws or Third-Party Rights
    Your violation of any applicable law, regulation, or rule, or the rights of any third party, including claims arising from misuse of AI-generated or AI-assisted content.

  5. Misuse of the Service
    Any misuse of the Service, including prohibited activities, unauthorized access, abuse of features, or actions that cause harm to Brainpost, other users, or third parties.

Brainpost reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully with Brainpost in asserting any available defenses.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.

17. Governing Law and Jurisdiction

These Terms of Use, and any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your access to or use of the Service, shall be governed by and construed in accordance with the laws of the jurisdiction in which Brainpost is legally registered, without regard to its conflict-of-law principles.

You agree that any legal action, suit, or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively before the competent courts located within that jurisdiction, unless otherwise required by applicable law.

Nothing in this Section shall limit Brainpost’s right to seek injunctive or equitable relief in any jurisdiction to protect its intellectual property, confidential information, or other proprietary rights.

If you access or use the Service from outside the jurisdiction in which Brainpost is registered, you do so at your own initiative and are responsible for compliance with all applicable local laws.

18. Changes to These Terms

Brainpost may update, modify, or revise these Terms of Use from time to time to reflect changes in the Service, business practices, legal or regulatory requirements, or for other operational reasons.

When we make changes to these Terms, we will update the “Last Updated” date at the top of the Terms. Where the changes are material, Brainpost may also provide additional notice, such as by posting a notice within the Service, displaying a notification on the website or application, or sending you an email, where appropriate.

Your continued access to or use of the Service after the updated Terms become effective constitutes your acknowledgment of, and agreement to, the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and may terminate your account in accordance with these Terms.

Brainpost encourages you to review these Terms periodically to stay informed about your rights and obligations when using the Service.

19. General Terms

19.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any other policies or documents expressly incorporated by reference, constitute the entire agreement between you and Brainpost regarding your access to and use of the Service and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral, relating to the Service.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible under applicable law, and the remaining provisions shall continue in full force and effect.

19.3 No Waiver

The failure of Brainpost to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be made in writing and signed by an authorized representative of Brainpost.

19.4 Assignment

You may not assign, transfer, or delegate these Terms, in whole or in part, without the prior written consent of Brainpost. Any attempted assignment in violation of this Section shall be null and void.

Brainpost may assign or transfer these Terms, without restriction, in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

19.5 Relationship of the Parties

Nothing in these Terms shall be deemed to create any partnership, joint venture, employment, agency, or fiduciary relationship between you and Brainpost. You and Brainpost are independent contracting parties.

19.6 Force Majeure

Brainpost shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, power failures, or internet or telecommunications outages.

19.7 Electronic Communications

By using the Service, you consent to receive electronic communications from Brainpost, including notices, agreements, disclosures, and other communications related to the Service. You agree that such electronic communications satisfy any legal requirement that such communications be in writing.

20. How to Contact Us

If you have any questions, concerns, or requests regarding these Terms of Use, the Service, or your use of the Service, you may contact Brainpost using the details below.

Brainpost welcomes feedback, questions, and inquiries and will make reasonable efforts to respond in a timely manner.

Contact Information:

For privacy-related inquiries, data requests, or account-related issues, please include sufficient information to allow us to verify your identity and respond appropriately.