Terms of Service

These Terms of Service ("Terms") govern your access to and use of BrAIniaks, operated by Brainiaks LLC ("we," "us," or "our"). By accessing or using our website and services (the "Service"), you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, do not use the Service.

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have permission from a parent or legal guardian. By using the Service, you represent that you meet these requirements and that the information you provide is accurate.

You are responsible for maintaining the confidentiality of your account and for all activity that occurs under your account. Notify us promptly at atharva.sherekar@brainiaks.ai if you suspect unauthorized access.

We may suspend or terminate accounts that violate these Terms, pose security risks, or are inactive for an extended period.

BrAIniaks provides learning tools including preparation plans, document-based study, AI tutoring, notes, books, quizzes, study groups, messaging, calendar features, and related functionality. Features may change, be added, or be removed at any time.

We strive to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation.

You retain ownership of content you submit, upload, or create through the Service ("User Content"). By submitting User Content, you grant Brainiaks LLC a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, display, and use User Content solely to operate, provide, and improve the Service, including to generate AI-assisted study materials at your direction.

You represent that you have all rights necessary to submit User Content and that your User Content does not violate any law or third-party rights.

The Service may generate content using artificial intelligence. AI outputs may be inaccurate, incomplete, or outdated. You are solely responsible for how you use AI-generated content.

BrAIniaks does not guarantee exam results, grades, job outcomes, or professional qualifications. AI tutoring and generated materials are for educational support only and are not a substitute for official study materials, instructors, or professional advice.

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable laws
• Upload malware, spam, or content that infringes intellectual property or privacy rights
• Harass, abuse, threaten, or impersonate others
• Attempt to gain unauthorized access to accounts, systems, or data
• Scrape, crawl, or reverse engineer the Service except as permitted by law
• Interfere with or disrupt the Service or its infrastructure
• Use the Service to develop competing models or services using our outputs in violation of these Terms

We may investigate violations and take appropriate action, including removing content or terminating access.

The Service integrates with third-party services such as Google sign-in, Google Analytics, Google Calendar, Supabase, LiveKit, and AI providers. Your use of those services may be subject to their separate terms and privacy policies. We are not responsible for third-party services.

The Service, including its software, design, branding, and content we provide (excluding User Content), is owned by Brainiaks LLC or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

"BrAIniaks" and related marks are trademarks of Brainiaks LLC. You may not use our trademarks without prior written permission.

If you provide suggestions, ideas, or feedback about the Service, you grant us the right to use that feedback without restriction or compensation to you.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE OR RELIABLE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAINIAKS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

You agree to indemnify and hold harmless Brainiaks LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your User Content, or your violation of these Terms.

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Upon termination, provisions that by their nature should survive (including disclaimers, limitations of liability, and indemnification) will remain in effect.

These Terms are governed by the laws of the United States and applicable federal law, without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Service will be resolved in the state or federal courts located in the United States, and you consent to the personal jurisdiction of those courts, except where prohibited by applicable law.

We may modify these Terms at any time. We will post the updated Terms on this page and update the "Last updated" date. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

Questions about these Terms may be sent to atharva.sherekar@brainiaks.ai.

Brainiaks LLC