Brainforge | Terms and Conditions

1. Who We Are

These Terms and Conditions ("Terms") are a legal agreement between you and Brainforge ("Brainforge," "Company," "we," "us," or "our"). Brainforge is a Delaware corporation with its principal place of business in Austin, Texas.

For questions about these Terms, contact us athelp@brainforge.ai.

2. Acceptance of Terms

These Terms govern your access to and use of brainforge.ai and our related websites, subdomains, and online properties (collectively, the "Website"), as well as any information, tools, or materials we make available through the Website.

By accessing or using the Website, you agree to these Terms and ourPrivacy Policy. If you do not agree, do not use the Website.

The Website is intended for business and professional use. By using the Website, you represent that you are at least 18 years old and have authority to accept these Terms on behalf of yourself or the organization you represent.

3. Website Use vs. Professional Services

Content on the Website is provided for general information only. It does not create a client, advisory, or professional services relationship between you and Brainforge, and it is not a substitute for advice tailored to your circumstances.

Any consulting, implementation, or other professional services are governed by a separate written agreement, such as a master services agreement, statement of work, or order form (each, a "Services Agreement"). If there is a conflict between these Terms and a Services Agreement, the Services Agreement controls for the applicable services.

4. Changes to These Terms

We may update these Terms from time to time. Changes are effective when posted on this page with an updated "Last updated" date. Your continued use of the Website after changes are posted means you accept the revised Terms.

5. Accessing the Website

We may modify, suspend, or discontinue any part of the Website at any time without notice. We are not liable if the Website is unavailable for any reason.

If you create an account or submit information through the Website, you agree to provide accurate, current information and to keep your credentials confidential. Notify us promptly athelp@brainforge.ai if you suspect unauthorized access.

6. Intellectual Property Rights

The Website and its content, features, and functionality, including text, graphics, logos, images, software, and design, are owned by Brainforge or our licensors and are protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for your internal business or personal, non-commercial purposes. You may not copy, modify, distribute, sell, scrape, or create derivative works from Website content without our prior written consent, except as permitted by law.

7. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

Violate any applicable law, regulation, or third-party right.
Transmit spam, malware, or other harmful or disruptive code.
Attempt to gain unauthorized access to the Website, our systems, or user accounts.
Interfere with or disrupt the operation, security, or performance of the Website.
Use automated means to access, scrape, or harvest Website content without permission.
Misrepresent your affiliation with Brainforge or imply our endorsement without consent.

8. User Submissions and Unsolicited Ideas

If you submit comments, feedback, or other materials through the Website ("User Materials"), you grant Brainforge a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display those materials in connection with operating and improving the Website and our business. You represent that you have the right to submit User Materials and that they do not violate any law or third-party right.

Unless we have a signed confidentiality agreement in place, please do not send confidential or proprietary business ideas through the Website. We may already be developing similar ideas internally or for other clients. Any unsolicited submissions are non-confidential, and we are not obligated to review, return, or compensate you for them.

9. Privacy

Our collection and use of personal information is described in ourPrivacy Policy. By using the Website, you acknowledge that information may be processed as described there.

10. Third-Party Links and Services

The Website may contain links to third-party websites or services. We provide those links for convenience only and do not control or endorse third-party content. Your use of third-party sites is at your own risk and subject to their terms and policies.

11. Payment Terms

If you purchase products or services through the Website, you agree to pay all applicable fees shown at checkout or in the applicable Services Agreement. Unless otherwise stated, fees are due when invoiced or at the time of purchase. Fees for professional services are governed by the relevant Services Agreement.

12. Disclaimer of Warranties

The Website and its content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Brainforge disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, secure, or free of harmful components.

13. Limitation of Liability

To the fullest extent permitted by law, Brainforge and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunity, arising out of or related to your use of the Website.

To the extent permitted by law, Brainforge's total liability for any claim arising out of or relating to these Terms or the Website will not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amount you paid Brainforge for Website-related services in the twelve (12) months before the event giving rise to the claim.

14. Indemnification

You agree to indemnify and hold harmless Brainforge and its officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Website, your User Materials, or your violation of these Terms or applicable law.

15. Termination

We may suspend or terminate your access to the Website at any time, with or without notice, if we believe you have violated these Terms or if necessary to protect the Website, our users, or our business. Upon termination, your right to use the Website ends immediately.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Website will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will take place in Austin, Texas, unless we agree otherwise in writing. Judgment on the award may be entered in any court with jurisdiction.

Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

17. General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Brainforge regarding use of the Website and supersede prior understandings on that subject. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later.

18. Contact Information