Terms of Service
Last Modified: March 13, 2024
Subscription Plans and Features
BrainTip AI offers various subscription plans, including legacy, starter, cosmic, odyssey and sovereign options. Each plan provides access to a specific number of users and features as detailed on our pricing page.
Subscription limitations vary by plan and may include restrictions on menus, submenus, and data storage capacities.
Features and limitations are subject to change, but such changes will not affect current subscription terms until the next billing cycle.
Account Registration and User Creation
Customers must register a single account with BrainTip AI to access our services. Account registration requires accurate and complete information.
The account holder is responsible for creating and managing user access within their organisation according to the limits of their subscription plan.
Account holders are responsible for all activities conducted under their account and must maintain the confidentiality of their account details.
Payment, Renewal, and Cancellation
Payment for the selected subscription plan is required to access our services. All fees are due at the beginning of the subscription period and are non refundable.
Subscriptions auto renew at the end of each billing cycle unless cancelled prior to the renewal date. It's the account holder's responsibility to cancel the subscription if they do not wish to renew.
Upon cancellation, customers retain access to their subscription until the end of the current billing cycle. No partial refunds are provided for cancellations before the end of the period.
AI System Limitation
BrainTip AI has trained its AI model with a substantial volume of industrial data. However, we cannot guarantee that the AI system will consistently fulfil all specific expectations of customers.
There may be circumstances where the AI model fails to fully comprehend certain inputs or requirements.
You acknowledge that BrainTip AI remains dedicated to the ongoing enhancement of our AI system.
BrainTip AI is committed to continually training our model with new data to augment its understanding and capabilities.
No Refund Policy
All payments made to BrainTip AI are final. We do not offer refunds for any subscription fees, regardless of usage.
Use of Services
Services provided by BrainTip AI must not be used for any unlawful activities or in ways that violate these terms.
Misuse of services, including attempting to access features or capacities beyond your subscription limits, may result in account suspension or termination.
Intellectual Property
BrainTip AI and Dalfin, including all associated intellectual property, are owned by BrainTip Pty Ltd. Users may not copy, reproduce, modify, or create derivative works from our services without explicit permission.
User Conduct and Content
Users are responsible for all content created, shared, or uploaded through their accounts and must ensure that this content complies with all applicable laws, regulations, and these Terms. Prohibited content includes but is not limited to content that is illegal, abusive or infringing on intellectual property rights.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Commonwealth of Australia, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services will be resolved through arbitration in Commonwealth of Australia, unless otherwise agreed by the parties.
Amendments and Notifications
We reserve the right to amend these Terms at any time. Users will be notified of significant changes through their registered email address or by a prominent notice on our website.
Force Majeure
Neither party shall be liable for any failure to perform its obligations under these Terms if such failure results from any condition beyond the reasonable control of such party, including but not limited to natural disasters, acts of government, or telecommunications failures.
Feedback and Suggestions
By submitting feedback or suggestions about our services, you grant BrainTip AI a non exclusive, royalty free, perpetual, and irrevocable right to use, modify, adapt, publish, and distribute such feedback for any purpose, without compensation to you.
Accessibility
BrainTip AI is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards.
Third Party Products
You can integrate BrainTip AI with third party products or services, which may involve giving those providers access to your data for seamless operation. However, your interaction with any third party product is governed by your agreement with that provider, and BrainTip AI is not liable for the third party's access to or use of your data. While we provide connectors to aid integration with third party products, we do not take responsibility for the performance, reliability, or functionality of these third party products or the connectors themselves. Support for any third party product will be handled by the respective provider, not by BrainTip AI.
Modifications to Terms and Services
We reserve the right to modify these terms or our services at any time. Notice of significant changes will be provided to users, and continued use of the service will constitute acceptance of the new terms.
Termination
BrainTip AI reserves the right to suspend or terminate services for violations of these terms, non payment of fees, or any activities that harm the service or its users.
Waiver or Limitation of Liability
Under no circumstances will the BrainTip AI Parties be liable to you for any loss or damages of any nature (including, but not limited to, any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly associated with:
the service
our content
user content
your use of, inability to use, or the performance of the service
any action taken in connection with an investigation by the BrainTip AI Parties or law enforcement authorities regarding your or any other party's use of the service
any action taken in connection with copyright or other intellectual property owners
any errors or omissions in the service's operation
any damage to any user's computer, mobile device, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.
In no event will the BrainTip AI Parties be liable to you or anyone else for loss, damage, or injury, including, without limitation, death or personal injury. Some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree that in the event you incur any damages, losses, or injuries that arise out of our acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, service, property, product, or other content owned or controlled by the BrainTip AI Parties.
By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, any claims against BrainTip AI in accordance with the law of any country, state or territory.
We are not responsible for the actions, content, information, or data of third parties, and you release the BrainTip AI Parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
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