Terms of Service

1. Acceptance and Definitions

These Terms of Service ("Terms") form a binding agreement between you and Brainpercent, LLC, a Delaware limited liability company ("Brainpercent," "we," "us"). By creating an account, paying for a subscription, or otherwise using https://brainpercent.app or the related platform (the "Service"), you accept these Terms.

Definitions.

• "Account" — your registered user account.
• "Content" — URLs, prompts, brand assets, and other inputs you submit.
• "Outputs" — articles, social posts, images, videos, podcasts, and other materials the Service generates from your Content.
• "Subscription" — Creator, Professional, Business, or Agency plans.
• "Credits" — consumable units used to generate Outputs, granted by your plan or purchased as Credit Packs.

2. Eligibility

You must be 18 years or older to create an account or use the Service. This applies to all accounts, including the free tier, paid Subscriptions, Credit purchases, and the affiliate program. By using the Service you represent that you are at least 18 years old and that nothing in your local law prevents you from agreeing to these Terms.

Sanctions compliance. By using the Service, you represent and warrant that: (a) you are not listed on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List (SDN List) or any other applicable sanctions list; (b) you are not ordinarily resident in, or acting on behalf of, a government or national of a jurisdiction subject to comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); and (c) you will not use the Service or any payout in violation of applicable export control or sanctions laws. We may suspend or terminate your account immediately if we reasonably believe this representation has become false.

Export control. The Service incorporates AI technology subject to U.S. Export Administration Regulations (EAR). You represent that you will not use the Service in a manner that would violate the EAR or any other applicable export control law, including without limitation by using the Service to develop or train AI systems for military, nuclear, biological, or chemical weapons applications.

3. Account

You are responsible for:

• providing accurate registration information;
• keeping your login credentials confidential;
• all activity under your account, including content you publish through connected social accounts;
• notifying us promptly at edward@brainpercent.com if you suspect unauthorized access.

One account per person or legal entity. We reserve the right to merge or close duplicate accounts. Sharing a login across more than one human is prohibited on individual plans (Creator, Professional). The Business and Agency plans permit team seats — see plan details in the dashboard.

Team accounts. On Business and Agency plans, the primary account holder (the person or legal entity who purchased the plan) is responsible for all activity under the account, including activity by team members or sub-users they add. The primary account holder represents that team members have been informed of and agreed to these Terms. Brainpercent has no direct relationship with sub-users — all rights, obligations, and liability flow through the primary account holder.

4. Subscription and Billing

• Plans. Starter $39/month, Plus $89/month, Pro $179/month, Business $549/month. Annual plans, when offered, may carry a discount shown at checkout.
• Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current rate until canceled. You authorize Stripe to charge the payment method on file.
• Cancellation. Cancel anytime in Settings → Billing. Cancellation takes effect at the end of the current paid period — you keep access until then.
• Currency conversion. Prices are billed in USD by default. If you are charged in another currency, Stripe applies the conversion rate at the time of charge plus any FX fees imposed by your bank.
• Tax. Prices exclude applicable VAT, GST, or sales tax, which Stripe collects where required.
• Refunds — general rule. All sales are final and subscription fees are non-refundable except as required by law or as expressly stated below.

Refund exceptions. We will refund:

• Erroneous duplicate charges (full refund);
• First-time subscription within 14 days if you have used no more than 10% of your monthly credit allowance (full refund) — EU consumer cooling-off concept extended worldwide;
• Service-failure refunds if a verified Service outage prevents you from generating any Output for more than 72 consecutive hours during a billing period (pro-rated refund for affected days);
• Statutory consumer rights in your jurisdiction (e.g., UK Consumer Rights Act 2015, EU Directive 2011/83/EU) — these are never overridden by these Terms.

Failed payments. If a renewal charge fails, we retry for up to 7 days, then suspend the account. After 30 days of non-payment we may downgrade to free tier and archive content per Section 11.

5. Welcome Credit

New accounts receive a one-time welcome credit of 10 Credits to the account wallet. Accounts arriving through a Product Hunt or launch referral receive 20 Credits instead, detected by the ?ref=producthunt query parameter or the ref_source cookie. Credits are a single balance spendable on any generation at the rates published on our pricing page. There is no separate allowance of articles, social posts, or videos.

The welcome credit:

• is one-time per person and per payment method, and is granted once per account no matter how many times you sign in;
• is granted at the amount that applies on your first sign-in, so a referral must be present at that point to qualify for the larger amount;
• does not automatically convert to a paid Subscription. No card on file is required;
• carries no cash value and is not refundable or transferable;
• does not include access to all features (for example advanced video models, white-label).

We may revoke trial access if we detect duplicate or abusive sign-ups.

6. Credit Packs

Credit Packs are one-time purchases that add Credits to your account on top of your plan allowance.

• Expiry. Purchased Credits do not expire. Unused Credits stay in your account and are not forfeited at any renewal, billing period, or calendar date.
• Refunds. Credit Packs are refundable within 14 days of purchase if fewer than 10% of the purchased Credits have been consumed. After that, non-refundable.
• No cash value. Credits cannot be exchanged for cash, transferred between accounts, or combined with credits from other accounts.
• Order of consumption. Plan-allowance Credits are consumed before Credit-Pack Credits.

7. AI-Generated Content and Ownership

• You own the Outputs you generate, to the maximum extent permitted by law and subject to the terms of the underlying AI providers.
• Brainpercent claims no ownership of your Content or your Outputs. You grant Brainpercent a limited license to host, store, process, transmit, cache, and display your Content and Outputs solely and exclusively to operate and provide the Service to you. This license does not include any right to use your Content or Outputs to train, fine-tune, evaluate, or improve any AI or machine-learning model. Brainpercent never uses your Content or Outputs to train any model of its own, and we maintain contractual agreements with our AI providers that prohibit training on customer data. This restriction is contractually binding on Brainpercent and survives termination of these Terms.
• Provider terms flow through. Our AI providers each grant rights in the Outputs they generate. Where those provider terms are more restrictive than these Terms, the provider terms apply to those Outputs. Links to current provider terms are maintained at /legal/ai-transparency.
• Similar outputs. AI models can produce similar or identical outputs for different users from similar prompts. We do not guarantee uniqueness.
• No warranty of accuracy. AI Outputs may contain errors, fabrications ("hallucinations"), or outdated information. Always review before publishing or relying on them — see Section 12.

You are solely responsible for the Content you submit and the Outputs you publish, including any copyright, defamation, privacy, or regulatory consequences.

7.1 Your Transparency Obligations

When you publish Outputs, you act as the deployer of an AI system under EU AI Act Article 50(4) and similar laws in other jurisdictions, with your own disclosure duties. You must:

• Label deepfakes. If an Output is AI-generated or AI-manipulated image, audio, or video content that depicts real persons, objects, places, or events and would appear authentic, you must disclose that it was artificially generated or manipulated.
• Disclose AI-generated public-interest text. If you publish AI-generated text to inform the public on matters of public interest, you must disclose that it is AI-generated, unless the text has undergone human editorial review and a natural or legal person holds editorial responsibility for its publication.
• Follow platform labeling rules. You must comply with the AI-content labeling requirements of each platform you publish to (for example, platform-native "AI-generated" toggles or labels).

See /legal/ai-transparency for what Brainpercent discloses and labels on its side, and /legal/acceptable-use for prohibited uses.

7.2 Your Brands, Logos, and Trademarks

• Your own marks. You may upload, reference, and generate Outputs that feature the trademarks, service marks, logos, wordmarks, trade dress, product designs, packaging, and other brand assets that you own or are licensed to use. We place no additional restriction on this beyond these Terms and the Acceptable Use Policy.
• Marks you are authorized to use. If you act for someone else, for example as an agency, a marketing partner, a franchisee, a reseller, an employee, or a contractor, you may do the same with that party's marks to the extent they have authorized you to. The account holder stays responsible for that activity under Section 3.
• Your representation. Each time you supply a brand asset or name a brand in a prompt, you represent and warrant that you own the relevant marks, are licensed to use them, or are otherwise authorized to use them for the purpose you are using them for, and that the use you direct does not infringe anyone's rights. Confirming the scope of that authorization is your responsibility.
• We do not verify ownership. We do not check, and have no obligation to check, whether you hold rights in any mark you supply or name. The Service producing an Output is not a determination that you hold those rights, is not our approval of your use, and is not legal advice.
• We grant no rights we do not hold. Brainpercent does not own third-party trademarks and grants you no license to any of them. Whatever right you have to use a mark comes from your own ownership or authorization, never from these Terms and never from the Service.
• Existing rights are unchanged. Generating an Output does not create, extend, transfer, or reduce trademark rights in anyone's marks. You own the Output as described in Section 7, and the marks inside it stay with whoever owned them before.
• What stays prohibited. Using someone else's marks to pass yourself off as them, to imply a partnership, sponsorship, affiliation, or endorsement that does not exist, or otherwise to mislead, remains prohibited under Section 9 and the Acceptable Use Policy. Truthful comparative and nominative references are not affected by that prohibition.
• Indemnity. Section 15 applies here. Claims arising from marks you supply, or from brands you direct us to feature, fall within Section 15(a) and Section 15(c).

Social networks, advertising platforms, and marketplaces apply their own brand and trademark rules to whatever you publish through them. Meeting those rules is your responsibility, as set out in Section 4 of the Acceptable Use Policy.

8. EU AI Act Compliance

The Service is an AI-powered content generation tool. We operate it in compliance with applicable obligations under the EU AI Act (Regulation 2024/1689):

• Transparency (Art. 50). Outputs produced by the Service are AI-generated. All content in your workspace is AI-generated by design and is presented as drafts for your review before publication. If you republish Outputs externally, you are responsible for attaching required AI-disclosure labels under applicable law in your jurisdiction (including Art. 50(2) for synthetic media depicting real persons, and national implementations of Art. 50(4) for deepfakes).
• AI literacy (Art. 4). We publish documentation on how our AI models work, their known limitations, and how to verify Outputs before publication at /legal/ai-transparency.
• High-risk systems. The Service is not classified as a high-risk AI system under Annex III of the EU AI Act. It is used for general content creation, not for decisions affecting fundamental rights, employment, or safety-critical applications. Using it for high-risk purposes is prohibited under Section 9.

9. Acceptable Use

You agree not to use the Service to create, store, or distribute:

• Illegal content under US, your local, or destination-jurisdiction law;
• Child sexual abuse material (CSAM) — zero tolerance, immediate ban + report to NCMEC;
• Non-consensual intimate imagery or deepfakes of real people without their explicit consent;
• Impersonation of real people, brands, or officials in a way intended to mislead;
• Hate speech, incitement to violence, or harassment of protected classes;
• Election interference, fabricated political endorsements, or content designed to suppress voting;
• Fraud, scams, phishing, or content designed to obtain financial or personal data deceptively;
• Spam at scale — bulk content to channels where the recipient has not consented;
• Malware, exploits, or content that interferes with computer systems;
• Automated scraping of Brainpercent itself or systematic API abuse outside published rate limits;
• Reverse engineering of the Service except as permitted by mandatory law (e.g., EU Software Directive Art. 6).

What is not impersonation. Creating content that features your own brand, or the brand of a client or employer who has authorized you to act for them, is not impersonation and is not prohibited by this Section. That is the ordinary use of the Service, and Section 7.2 sets out the terms for it. The impersonation rule above is about passing yourself off as a person, brand, or official you do not represent.

We may suspend or terminate accounts that violate this Section without refund, and we may report illegal conduct to law enforcement.

10. Intellectual Property

• Brainpercent owns the Service: code, models we own, designs, branding, documentation, and the "Brainpercent" name and logo. Nothing in these Terms grants you rights in those assets except a limited, revocable, non-exclusive license to use the Service per these Terms.
• You own your Content and your Outputs as described in Section 7. You grant Brainpercent a limited license to host, process, transmit, and display your Content and Outputs solely to provide the Service to you.
• Feedback. If you send us suggestions, you grant us a perpetual, royalty-free license to use them without attribution.
• Trademarks. "Brainpercent," the Brainpercent logo, and all associated marks are proprietary to Brainpercent, LLC. Nothing in these Terms grants you a license to use Brainpercent's name, logo, or marks for any purpose other than nominative fair use references to the Service (e.g., "I use Brainpercent"). Prohibited uses include: using Brainpercent's marks in your business name, product name, or domain; using marks in a way that implies partnership, sponsorship, or endorsement; and modifying or creating derivative marks. Affiliates must use only approved marketing assets — see Section 4 of our Affiliate Terms.
• Your marks and third-party marks. The bullet above governs Brainpercent's own marks. It does not grant, restrict, or decide any right in your trademarks or in any third party's trademarks. Your ability to feature a mark in an Output rests on your own ownership or authorization, as set out in Section 7.2.

11. DMCA / Copyright Complaints & Platform Safe Harbor

If you believe content on Brainpercent infringes your copyright, send a notice meeting 17 U.S.C. § 512(c)(3) to our designated agent:

Designated DMCA Agent
Edward Ilin, Brainpercent, LLC
Email: edward@brainpercent.com (subject: "DMCA Notice")

Your notice must include: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) the URL of the allegedly infringing material; (4) your contact information; (5) a good-faith statement that the use is not authorized; (6) a statement under penalty of perjury that the information is accurate and you are authorized to act. We will respond and may remove material per the DMCA. Counter-notices are accepted at the same address. Repeat infringers will have accounts terminated.

Platform safe harbor. For users in the United States, Brainpercent operates as an interactive computer service under 47 U.S.C. §230 and is not the publisher or speaker of Content you generate or input. For users in the European Union, Brainpercent operates as a hosting service provider under the EU Digital Services Act (Regulation 2022/2065, Art. 6) and is not liable for unlawful Content stored at a user's request, provided we act expeditiously to remove or disable access upon obtaining actual knowledge of illegality. Neither safe harbor applies if we are found to have induced or directed unlawful Content.

12. Termination

• By you: cancel anytime in Settings → Billing or by deleting your account.
• By us for cause: we may suspend or terminate immediately for material breach of these Terms (especially Section 8).
• By us for convenience: we may terminate with 30 days' notice for any reason, with a pro-rated refund for any unused prepaid period.
• Data export window: for 30 days after termination you may request an export of your Content and Outputs. After 30 days we delete them subject to the retention periods in our Privacy Policy.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, BRAINPERCENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

AI OUTPUTS ARE NOT PROFESSIONAL ADVICE. AI-GENERATED CONTENT MAY CONTAIN ERRORS, FABRICATIONS, OUTDATED INFORMATION, OR CONTENT THAT APPEARS PLAUSIBLE BUT IS FACTUALLY INCORRECT ("HALLUCINATIONS"). YOU MUST INDEPENDENTLY VERIFY ANY AI OUTPUT BEFORE RELYING ON IT FOR LEGAL, MEDICAL, FINANCIAL, INVESTMENT, SAFETY-CRITICAL, REGULATORY, OR ANY OTHER CONSEQUENTIAL DECISION. BRAINPERCENT EXPRESSLY DISCLAIMS ALL LIABILITY FOR CONSEQUENCES ARISING FROM UNVERIFIED RELIANCE ON AI OUTPUTS. See /legal/ai-transparency for guidance on verifying outputs.

Beta and preview features. Features, models, or capabilities labeled "beta," "preview," "experimental," or "early access" are provided AS-IS without warranty of any kind, may be changed, suspended, or discontinued at any time without notice, carry no SLA or uptime commitment, and may have usage limits that differ from published plan limits. Your use of beta features is at your own risk. Credits consumed by beta features are non-refundable even if the feature is discontinued.

Some jurisdictions (e.g., EU consumer law, UK Consumer Rights Act 2015) do not allow these disclaimers — in those jurisdictions our liability is limited to the maximum extent permitted but no further.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• BRAINPERCENT IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA.
• BRAINPERCENT'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (a) the amount you paid Brainpercent in the 12 months preceding the claim or (b) USD $100.

Nothing in this section limits liability for (i) gross negligence, willful misconduct, or fraud; (ii) death or personal injury caused by negligence; (iii) statutory consumer rights that cannot be waived in your jurisdiction.

15. Indemnification

You will indemnify, defend, and hold harmless Brainpercent, its officers, employees, and agents from any third-party claim arising from:

• (a) your Content or Outputs;
• (b) your violation of these Terms or applicable law;
• (c) your infringement of any third-party right;
• (d) your use of the Service in connection with any business or product you operate;
• (e) your misuse of AI-generated Outputs, including publishing AI-generated content without appropriate verification or disclosure where required by law; and
• (f) your failure to comply with applicable regulations governing your use of the Outputs, including without limitation FTC endorsement guidelines (16 C.F.R. Part 255), GDPR obligations applicable to you as a data controller using our Outputs, and any disclosure requirements under the EU AI Act or equivalent national law.

For the avoidance of doubt, subsections (a) and (c) include claims relating to trademarks, logos, brand assets, and other brand material you supply or direct us to feature in an Output. See Section 7.2. This paragraph describes the existing scope of this Section and does not extend it.

16. Governing Law and Dispute Resolution

• Governing law: these Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules.
• Informal resolution first: before filing a formal dispute, you and we agree to attempt to resolve it by emailing edward@brainpercent.com for at least 30 days.
• Arbitration: unresolved disputes will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Wilmington, Delaware. Either party may bring a claim in small-claims court instead, where eligible.
• Class-action waiver: disputes will be brought only in an individual capacity. Class actions and class arbitrations are waived to the maximum extent permitted by law.
• Geographic carve-outs. The following mandatory limitations apply regardless of other provisions:
  • (a) EEA, UK, and Swiss consumers may bring suit in their country of residence and are protected by mandatory consumer protection law regardless of the governing law clause;
  • (b) German consumers: the class-action waiver and arbitration clause do not apply — disputes shall be resolved in competent German courts;
  • (c) French consumers: mandatory consumer protection law under the Code de la consommation applies and is not overridden by these Terms;
  • (d) Australian users: the Australian Consumer Law (Competition and Consumer Act 2010 Schedule 2) applies and statutory consumer guarantees are not excluded;
  • (e) California users: may opt out of arbitration within 30 days of first accepting these Terms by emailing edward@brainpercent.com.
  If any carve-out makes a specific provision unenforceable in your jurisdiction, that provision is severed for users in that jurisdiction and the remainder of these Terms continue in full force.

17. Modifications

We may update these Terms at any time.

Material changes (30-day advance notice by email + dashboard banner) include: changes to subscription fees or credit pricing; changes to the arbitration clause, governing law, or venue; changes to the limitation of liability cap or indemnification scope; changes that reduce your rights or add new obligations; and discontinuation of the Service.

Non-material changes (effective on posting, no advance notice required) include: clarifications that do not alter your rights or obligations; addition of new optional features; updated contact information; and corrections of typographical or formatting errors.

How notice is delivered: email to your account's registered address + a persistent banner in the dashboard at least 30 days before the effective date of any material change.

Opt-out. If you object to a material change, you may cancel your subscription before the effective date. Cancellation before the effective date of a material change entitles you to a pro-rated refund of any unused prepaid subscription period. Continued use of the Service after the effective date constitutes acceptance of the modified Terms. We maintain a public changelog of all modifications at /legal/changelog.

18. Miscellaneous

• Entire agreement: these Terms, together with our Privacy Policy, AI Transparency notice, and any plan-specific addenda, are the entire agreement between us.
• Severability: if any provision is unenforceable, the rest remain in effect.
• No waiver: failure to enforce a provision is not a waiver.
• Assignment: you may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of substantially all assets.
• Force majeure. Neither party is liable for failure or delay caused by circumstances beyond that party's reasonable control, including natural disasters, pandemics or public health emergencies, war, terrorism, government actions or sanctions, failures of third-party internet infrastructure, cyberattacks or denial-of-service attacks, power outages, labor disputes, or the suspension or degradation of AI model providers or cloud infrastructure providers that Brainpercent relies upon. The affected party must notify the other as soon as reasonably practicable. If a force majeure event continues for more than 60 days, either party may terminate with 14 days' written notice and Brainpercent will provide a pro-rated refund for unused prepaid periods.
• Limitation period. Any claim or cause of action arising from or relating to these Terms or the Service must be filed within one (1) year of the date the claim arose, regardless of any statute of limitations to the contrary, except where prohibited by mandatory law. Claims not brought within this period are permanently barred.
• Survival. The following sections survive termination or expiration of these Terms for any reason: §7 (AI-Generated Content and Ownership — license grants and no-training commitment), §9 (Acceptable Use), §10 (Intellectual Property), §11 (DMCA & Safe Harbor), §13 (Disclaimers), §14 (Limitation of Liability), §15 (Indemnification), §16 (Governing Law and Dispute Resolution), and this §18 (Miscellaneous — severability, limitation period, survival).
• Data Processing Agreement. Customers on Business or Agency plans who process personal data of EU/UK data subjects using the Service may request a Data Processing Agreement (DPA) by emailing edward@brainpercent.com with subject "DPA Request." Execution of a DPA is required for customers who are data controllers subject to GDPR Art. 28 and who use Brainpercent's AI outputs in processing operations involving personal data of EU/UK residents.
• Notices: we send notices to the email on your account; you send notices to edward@brainpercent.com.

19. Contact

Brainpercent, LLC (Delaware, USA)
Founder & CEO: Edward Ilin
Email: edward@brainpercent.com
Telegram: t.me/brainpercent
Calendly: calendly.com/brainpercent/edward