Terms of Service
1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of the Brain Garden websites, applications, APIs, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
2. Eligibility and Accounts
You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Services. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us immediately of any unauthorized use.
3. Subscriptions, Credits, and Billing
Some features are offered on a paid subscription basis and/or through the use of Brain Garden credits. Subscription and payment processing are handled by our payment processor (e.g., Stripe). Fees are billed in advance and are non‑refundable except as required by law. Credits may be issued monthly and/or purchased as add‑ons. Credits have no cash value and are consumed when prompts or API calls are executed. We may change pricing and credit allocations with reasonable notice.
4. Bring‑Your‑Own‑Key (BYOK)
You may connect your own API keys for third‑party model providers (e.g., OpenAI, Anthropic, Google, xAI, Mistral). You are responsible for the security and usage of your keys, and for all costs incurred with those providers. We may store references or encrypted forms of your keys to enable functionality. You authorize us to transmit requests to those providers on your behalf.
5. Acceptable Use
You agree not to misuse the Services. Prohibited activities include: violating laws or others’ rights; attempting to reverse engineer, interfere with, or disrupt the Services; uploading malicious code; sending spam; automating abusive high‑volume requests; using the Services to generate or disseminate content that is illegal, exploitative, or otherwise harmful; and infringing any third‑party intellectual property rights.
6. Your Content
You retain ownership of content you submit. You grant Brain Garden a worldwide, non‑exclusive license to host, process, and display your content solely to provide and improve the Services. You represent that you have all necessary rights to submit the content and that your content does not violate these Terms or applicable law.
7. Intellectual Property
The Services, including software, UI, and brand assets, are owned by Brain Garden or our licensors and are protected by intellectual property laws. Except for the limited rights expressly granted to you in these Terms, we reserve all rights to the Services.
8. Third‑Party Models and Services
The Services may integrate with third‑party models and platforms. We do not control and are not responsible for third‑party services, their availability, or their outputs. Use of those services may be subject to separate terms and privacy policies.
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. AI‑GENERATED CONTENT MAY BE INACCURATE OR MISLEADING. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND USING ANY OUTPUT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAIN GARDEN AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. Indemnification
You will defend, indemnify, and hold harmless Brain Garden and our affiliates, officers, directors, and employees from any claims, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your content, or your violation of these Terms or applicable law.
12. Termination
You may stop using the Services at any time. We may suspend or terminate your access if we believe you have violated these Terms or present a risk to the Services or other users. Upon termination, the sections that by their nature should survive (e.g., intellectual property, disclaimers, limitations of liability) will survive.
13. Changes to the Services or Terms
We may modify the Services and these Terms from time to time. If we make material changes to the Terms, we will provide notice, and your continued use of the Services after notice constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of the State of California, USA, without regard to its conflict of laws principles. The exclusive venue for any dispute will be the state or federal courts located in San Francisco County, California.
15. Contact
Questions about these Terms? Contact us at [email protected].