Brainyus Terms of Use

Last update: November 26, 2025

Any versions of these Terms of Use in a language other than English are provided for convenience only. If there are any conflicts between versions, the English language will govern.

These Terms of Use (“Terms”) constitute a legal agreement between You, the company you represent (collectively “You“, “Your“) and Brainyus, LLC. (“We,” “Us,” “Our,” “Brainyus”).  The Terms governs Your use of Brainyus’ applications (“Application”), websites (“Sites”), learning services, advisory services, and supporting materials (collectively our “Services“) and any other application, APIs, or link through social media platforms such as Facebook or LinkedIn.  For the purposes of this Terms of Use, We will refer to all of these access points as the Brainyus platform (“Platform”).

AI and Third-Party Model Features

Some features of the Platform use artificial intelligence (“AI”), including large language models (“LLMs”) and related services provided, hosted, or operated by third parties (“AI Providers”). These Terms govern Your use of those AI-enabled features. When You use such features, content You submit (including prompts, messages, files, and other inputs) and the outputs generated may be transmitted to and processed by AI Providers in order to operate and improve the Platform. AI Providers are independent third parties that operate their own systems and services, and We do not control and cannot guarantee how they use, store, or further process information once it has been provided to them.

By registering, accessing or using the Platform, you acknowledge that you have had the opportunity to review this agreement and agree to be bound by its Terms and Brainyus’ Privacy Policy. If you do not agree to these terms and conditions, you are not permitted to access or use the Platform.

General

Brainyus may modify the Platform or discontinue its availability at any time, with or without notice.

You are responsible for all fees such as data charges and/or other fees and costs associated with Your access and use of the Platform.  You are also responsible for securing and maintaining all equipment required to access and use the Platform.

All of Your use and access of Our Platform must be in compliance with all applicable laws and regulations.  You are prohibited from accessing Our Platform from territories where such access is illegal.  If You access or use Our Platform from locations outside of the United States You agree that You are responsible for compliance with all local laws and regulations.

Disclaimer

We do not control all content available on or through the Platform and, therefore, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of such content. This includes, without limitation, content generated, suggested, or summarized by any AI-enabled feature or third-party AI Provider. By using the Platform, You may be exposed to content that You may consider offensive, indecent, objectionable, or inaccurate. We do not take any responsibility for such content, nor for any decisions You make or actions You take in reliance on it.

The Platform may give You access to links or connect via APIs to third party platforms (“Third Party Platforms“). We do not endorse, control, or take responsibility for any of these Third Party Platforms or for any AI Providers. You are entirely responsible for accessing these Third Party Platforms, and Brainyus assumes no liability for such platforms or providers.

Use of Our Platform

You may only access Our Platform for lawful purposes. You are entirely responsible for complying with any and all laws and regulations pertaining to Your use of the Platform. You assume any and all risks from using the Platform.

Your Obligations

You represent and warrant that:

  • You are over the age of 18, or if You are under the age of 18, You will only use the Platform with the approval of a parent or legal guardian. Children under the age of 13 may not use Our Platform;
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content;
  • You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of the Platform;
  • You will not gain unauthorized access to another person’s Account or impersonate another person.
  • You will not submit to the Platform any content that You are not authorized to disclose, including trade secrets or confidential information belonging to third parties, and You acknowledge that such content may be processed by AI Providers in accordance with their own terms and policies.
  • You understand that any information You submit to AI-enabled features may be processed by AI Providers that We do not control, and You will not input information that is more sensitive than reasonably necessary to use the Platform, including without limitation highly sensitive personal, financial, or health information.

AI Features and Third-Party LLMs

When You use AI-enabled features on the Platform:

  • Use of AI Providers. You acknowledge and agree that We may transmit Your inputs, uploads, and other content, as well as associated technical data, to AI Providers to generate outputs and operate the Platform. While We use commercially reasonable efforts to select reputable AI Providers and to impose contractual safeguards, AI Providers process information under their own terms and privacy policies, which We do not control.
  • No Control Over AI Provider Data Practices. Once information is submitted to and processed by an AI Provider, We cannot control or guarantee how that AI Provider uses, stores, or further processes such information, including whether it may be used to improve their models or services, except to the extent explicitly set forth in Our own agreements with them.
  • Your Responsibility for Inputs. You are solely responsible for the content You submit to any AI-enabled feature. You agree not to input information that is more sensitive than reasonably necessary, including financial account numbers, government identifiers, health information, information relating to children, or confidential information that You are not authorized to disclose. If You choose to provide such information despite this warning, You do so at Your own risk.
  • No Professional Advice. Outputs generated by AI-enabled features are informational only and may be incomplete, inaccurate, or misleading. They do not constitute professional advice (including legal, medical, financial, or tax advice), and You remain solely responsible for how You use or rely on such outputs.

License and Restrictions on Use

Subject to these Terms, we grant to you a non-exclusive, non-transferable license to access and use the Platform strictly in accordance with these Terms. You acknowledge and agree that these Terms are between You and Brainyus. Issues with the performance of the Platform may be directed to us at the contact information at the end of the document.

You may not, and may not knowingly allow any third party to, (i) reverse engineer, decompile, disassemble, reproduce, transcribe, translate into any language or computer language, re-transmit in any form by any means, resell, or redistribute the Platform without our prior written consent, or (ii) reverse engineer or attempt to discover any underlying ideas, source code, processes, techniques, technology, design, formula, engineering, or algorithms of the Platform.

We reserve the right to terminate or suspend Your account or ability to use or access the Platform or any portion thereof for any reason whatsoever.

As between You and Brainyus, and subject to these Terms and to any applicable terms of AI Providers, We grant You a limited, non-exclusive license to use the outputs generated for You by the Platform for Your own internal business or personal purposes. We make no representation or warranty that such outputs will be unique, non-infringing, or suitable for any particular purpose, and You are solely responsible for reviewing such outputs and determining how to use them.

Accounts and Registrations

The Platform requires You to provide personal information in order to access and/or use certain features, or functions. You agree to provide Us with accurate and complete information. Please read our Privacy Policy which describes the personal and transaction information We collect, use, manage, disclose and store. Any information provided on the Platform is for Your personal use only. You may not allow any other person or entity to use Your user name or password. We are not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of Your account information, including Your user name or password or any other account information stored in Your account.

Ownership of Intellectual Property

The contents of the Platform, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Platform, and all trademarks, service marks, and trade names (collectively the “IP”) are the property of Brainyus or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The IP is protected under patent, trademark and copyright laws, and the copying, redistribution, use or publication by you of the IP or any part of the Platform, except as described herein, is strictly prohibited.

DMCA

Brainyus respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Brainyus will respond promptly to claims of copyright infringement committed using the Platform if such claims are reported to Brainyus.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by completing the following DMCA Notice of Alleged Infringement and delivering it to Us. receipt of Notice as described below, Brainyus will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and email address.
  4. Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).
  • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  1. Provide your full legal name and your electronic or physical signature.
  2. Deliver this Notice, with all items completed, to:

Brainyus DMCA Agent

1250 Wayzata Blvd E, Ste 1 #5011,

Wayzata, MN 55391, USA

Email: info@brainyus.com

Fees 

You agree to pay for all fees and taxes associated with accessing or using our Platform.  If You make a purchase via credit card or another method of payment, You hereby represent and warrant that You are authorized to use the credit card or other method of payment and hereby authorize Brainyus to charge such credit card or method of payment.

We may use other collection mechanisms to collect any fees owed to Us, including charging other methods of payment on file with Us and/or retaining collection agencies and legal counsel. We reserve the right to block Your access to the Platform if You have outstanding fees due to Brainyus.

Errors, Corrections and Changes

We do not represent or warrant that access to and use of the Platform will be uninterrupted, or error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Platform will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Platform at any time. In no event shall Brainyus be liable to anyone for any delays, inaccuracies, errors or omissions with respect to the operation of or Your use of the Platform, for any damage arising in connection therewith, or for any results obtained from the use of the Platform.

System Outages

Brainyus periodically schedules system downtime for maintenance and for other purposes. Unplanned system outages may also occur. You agree that Brainyus is not responsible and is not liable for: (a) the unavailability of the Platform including those available on Third Party Platforms; (b) any loss of Materials, data, transactions or any other information or Materials caused by such system outages; (c) any resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or Materials caused by such system outages.

No Warranty

THE PLATFORM, MATERIALS, AND SERVICES ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY. YOUR USE, ACCESS, OR BROWSING OF OUR PLATFORM IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, SERVICES, AND MATERIALS FROM, IN OR THROUGH THE PLATFORM ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

WITHOUT LIMITING THE FOREGOING, BRAINYUS MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY OUTPUTS, SUGGESTIONS, OR OTHER CONTENT GENERATED OR FACILITATED BY AI-ENABLED FEATURES OR AI PROVIDERS, OR REGARDING THE DATA PRACTICES OF ANY SUCH AI PROVIDERS, WHICH WE DO NOT CONTROL.

Limitation of Liability

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT BRAINYUS AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, ANY CONTENT OR OUTPUTS GENERATED BY AI-ENABLED FEATURES OR AI PROVIDERS, OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRAINYUS AND YOU. THE PLATFORM AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

OUR AGGREGATE LIABILITY AND THE LIABILITY OF OUR AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PLATFORM, INCLUDING ANY ACT OR OMISSION OF ANY AI PROVIDER, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR ANY OF OUR AFFILIATED PARTIES.

Indemnification

You shall defend and indemnify and hold harmless Brainyus and its directors, officers, and employees, and agents, stockholders, affiliates, and third party providers from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and costs) which arise out of, relate to or result from any act or omission, negligence or non-performance of third party providers, or Your breach of any representation or warranty hereunder.

Governing Law

This Agreement shall be governed by the laws of the state of Minnesota, in the United States, without giving effect to principles of conflicts of law.

Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration under the rules of the American Arbitration Association in the city of Minneapolis, Minnesota or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

Modifications

We reserve the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use on our Sites. Please review the Terms of Use periodically. Your continued use of the Platform following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Miscellaneous Terms

You agree that Brainyus is free to use any ideas, concepts, know-how or techniques that you send us for any purpose, without compensation or attribution.

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of Brainyus to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms will survive any termination of these Terms.

You agree that any cause of action related to or arising out of your relationship with Brainyus must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

If you attempt to bring any legal action against Brainyus based in any way on its Platform you agree that, in the event you do not prevail or Brainyus does prevail, you will reimburse Brainyus  for any costs and attorneys’ fees associated with its defense of the action.

Brainyus may assign or delegate these Terms and/or Brainyus ’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Brainyus ’s prior written consent, and any unauthorized assignment and delegation by you is void.

Entire Agreement

These Terms of Use, together with Privacy Policy, are the entire agreement between You and Brainyus relating to Your use of Our Platform.

Contact Information

You may contact Brainyus at:

Brainyus, LLC.

info@brainyus.com