Terms of service

1. Acceptance of terms

By accessing and using BrainAIstorm ("the Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

The agreement is concluded when you create an account and runs for an indefinite period.

You must be at least 18 years old to use the Service. By using the Service, you confirm that you are at least 18.

Service operator

The Service is operated by BrainAIstorm. BrainAIstorm is currently operated by an individual and is not yet a registered company; a registered entity and its address will be named here once established. For any question in the meantime, contact support@brainaistorm.com.

2. Description of Service

BrainAIstorm is an AI-powered decision analysis platform that helps users make better decisions through structured analysis, pattern recognition, and behavioral insights.

The Service includes:

• Decision analysis powered by AI (Claude by Anthropic)
• Pattern recognition and insights
• Decision tracking and commitment management
• Email notifications (if enabled)

BrainAIstorm is currently in a validation phase. Features may change, and the Service may be updated, paused, or withdrawn at any time. It is provided on an experimental basis while we learn what works.

Using the Service requires a device with a modern web browser with JavaScript and cookies enabled, an internet connection, and a valid email address.

3. User accounts

You must create an account to use the Service. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4. Pricing

BrainAIstorm is currently free to use while we validate the product. There is no paid tier and no payment is collected. If we introduce paid plans in the future, we will update these Terms and give you clear notice before any charge applies.

5. Important: what this service is and is not

If you are in crisis

This tool is not for emergencies and is not a crisis service. If you are in crisis, thinking about harming yourself, or worried about someone else, contact your local emergency number or a crisis line now: in the EU, call 112; in the US, call or text 988; wherever you are, your local emergency or crisis services can help immediately. BrainAIstorm is not a substitute for professional mental health care. Please reach a qualified professional, or someone you trust.

Your responsibility and assumption of risk

You are solely responsible for your decisions and your actions. You agree not to rely on the analysis as the basis for medical, legal, financial, or safety decisions without advice from a qualified professional. You use the Service, and act on anything it produces, at your own risk.

6. User data and privacy

Your use of the Service is also governed by our Privacy policy. It explains what personal data we process, why, and on what legal basis. Using the Service is not consent; where we need your consent, for example for analytics, we ask for it separately.

7. Acceptable use

Your use of the Service is also governed by our Usage policy, which sets out in full what you may and may not do. In summary, you agree NOT to:

• Submit content that is unlawful
• Use the Service for any illegal purpose
• Violate any laws in your jurisdiction
• Infringe on intellectual property rights
• Transmit harmful code, viruses, or malware
• Attempt to gain unauthorized access to the Service
• Use the Service to harass, abuse, or harm others

The full Usage Policy applies in addition to this summary. We may suspend or terminate access for violations.

8. Intellectual property

The Service, including its original content, features, and functionality, is owned by BrainAIstorm and is protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of the decisions and data you input into the Service. By using the Service, you grant us a license to use this data to provide the Service and keep it working.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINAISTORM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Cap on aggregate liability

To the maximum extent permitted by law, BrainAIstorm's total aggregate liability for any and all claims arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, is limited to the total fees you paid us in the 12 months immediately preceding the event giving rise to the claim. Because the Service is currently free to use, that amount is currently zero. Where you have paid no fees, our liability is limited to the maximum extent permitted by applicable law. This cap applies regardless of the number of claims and does not apply where liability cannot lawfully be limited or excluded.

If you are a consumer, nothing in this section excludes or limits our liability for death or personal injury, for damage caused intentionally or through gross negligence, or for failing to provide the Service in conformity with the agreement where mandatory consumer law does not allow such a limitation.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

If you are a consumer in the EU, this section does not affect your statutory rights, including the rules on the conformity of digital services with the agreement, which apply in full.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless BrainAIstorm and the individual operating it from any claims, damages, losses, liabilities, and reasonable expenses (including legal fees) arising out of or related to your use of the Service, your decisions or actions, the content you submit, or your breach of these Terms or the Usage policy. This does not apply to the extent a claim results from our own gross negligence or willful misconduct, or where such an obligation cannot lawfully be imposed on you, including where mandatory consumer law provides otherwise.

12. Governing law and jurisdiction

These Terms are governed by the laws of Poland and applicable European Union law. Any dispute arising from these Terms or the Service will be subject to the jurisdiction of the competent courts of Poland.

If you are a consumer in the European Union, this choice of law and forum does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may also bring proceedings in the courts of that country.

We will bring any claim against you as a consumer only in the courts of the country where you live.

Nothing in this section limits the disclaimer of warranties or the limitation of liability above, which apply to the maximum extent permitted by applicable law, including for users in the United States.

13. Changes to terms

We may change these Terms for these reasons: a change in the law or in a regulator's guidance that affects the Service; a feature added, changed or withdrawn; a change in our security, technical or abuse-prevention measures; the introduction of paid plans; a change in who operates the Service, for example once a business is registered; or to correct errors or make the Terms clearer. We will notify you by email or through the Service at least 14 days before a change takes effect and say what changed. If you do not accept it, you can delete your account, free of charge, at any time before that date. Continuing to use the Service after that date means the updated Terms apply.

14. Termination

We may suspend or terminate your account and access to the Service for serious or repeated breach of these Terms or the Usage Policy, where the law requires it, or if we shut the Service down. We will notify you by email. Where a serious breach requires immediate action, we may act first and notify you right after. If we shut the Service down, we will email you at least 30 days in advance, and you will be able to export your data until then.

You may terminate your account at any time through the Settings page.

15. General terms

Severability

If any provision of these Terms is found unenforceable, that provision is limited or removed to the minimum extent necessary, and the rest of the Terms stay in full effect.

Entire agreement

These Terms, together with the Privacy policy and the Usage policy, are the entire agreement between you and us about the Service, and replace any earlier agreements on the same subject.

Language

These Terms are drafted in English, and a Polish version is available. If you live in Poland and use the Service as a consumer, the Polish version is the basis of interpretation where Polish law requires it. In all other cases, the English version prevails.

No waiver

If we do not enforce a right or provision, that is not a waiver of it.

Assignment

You may not assign or transfer these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, or to a successor operator, on notice to you.

Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, such as outages of third-party services, network failures, or acts of nature.

Survival

Sections that by their nature should continue after termination, including the disclaimers, limitation of liability, indemnification, and governing law, survive.

Complaints

You can file a complaint about the Service by email to support@brainaistorm.com. Describe the problem and the email address of your account. We respond within 14 days. If you are a consumer in Poland, you can also ask for help from your municipal or district consumer ombudsman (rzecznik konsumentów) or the Trade Inspection (Inspekcja Handlowa).

Withdrawal for EU consumers

If you are a consumer in the EU, you can withdraw from this agreement within 14 days of creating your account, without giving a reason. Email support@brainaistorm.com or delete your account in Settings. The Service is free, so there is nothing to refund. If you write to us, you can use this wording, though you do not have to: "I withdraw from the agreement to use BrainAIstorm for the account [email address], concluded on [date the account was created]."

Notices

We may provide notices to you by email or through the Service. You can reach us at support@brainaistorm.com.

16. Contact us

If you have any questions about these Terms, please contact us at support@brainaistorm.com.