1. Acceptance of Terms
By accessing or using the BrainCX platform, whether via our website, APIs, or other means of communication, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Services.
2. Description of Services
BrainCX provides customer experience AI solutions, which may include, but are not limited to, conversational AI, natural language processing, voice recognition, analytics, and other AI-driven tools for enhancing customer support and engagement. These Services are designed to improve the way businesses interact with their customers by automating tasks, providing insights, and delivering advanced AI-driven solutions.
3. User Responsibilities
As a user of BrainCX Services, you agree to:
- Use the Services only for lawful purposes and in accordance with these Terms.
- Provide accurate, current, and complete information when required.
- Comply with all applicable laws and regulations in relation to your use of the Services.
- Not use the Services to transmit or store malicious code, spam, or any content that violates intellectual property rights or is defamatory, offensive, or unlawful.
- Not interfere with or disrupt the functioning of the Services or the servers/networks connected to the Services.
4. Account Registration and Security
To access certain features of the Services, you may need to create an account. You agree to:
- Provide accurate and complete registration information.
- Maintain the confidentiality of your account credentials (username, password, etc.) and assume full responsibility for all activities that occur under your account.
- Notify us immediately if you suspect any unauthorized use of your account or a breach of security.
5. Licenses and Restrictions
- License to Use the Services: We grant you a non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.
- Prohibited Activities: You may not:
- Reverse engineer, decompile, or disassemble any part of the Services.
- Use the Services to create competing products or services.
- Sell, rent, lease, or sublicense the Services without prior written consent from BrainCX.
6. Intellectual Property
- Ownership: All intellectual property rights, including copyrights, trademarks, and patents related to the Services, are owned by BrainCX or its licensors.
- Feedback: Any feedback, suggestions, or ideas you provide to BrainCX regarding the Services may be used by BrainCX for any purpose without compensation to you.
7. Data Collection and Privacy
By using the Services, you agree that BrainCX may collect, process, and store data as described in our Privacy Policy. This may include data provided by you, data collected during interactions with customers, and other related information.
8. Service Availability and Support
- Availability: While we strive to provide high availability, the Services may be temporarily unavailable due to maintenance, updates, or unforeseen issues.
- Support: BrainCX provides customer support in accordance with the specific terms of your service agreement. Support may be available through email, chat, or other channels.
9. Third-Party Services
BrainCX may use third-party services, such as OpenAI, Deepgram, or VAPI, to provide certain functionalities within the Services (e.g., language models, speech recognition, etc.). By using the Services, you agree to comply with the terms and conditions of any applicable third-party service providers.
10. Fees and Payment
- Fees: Some features of the Services may require payment. Fees for such services will be outlined in your agreement with BrainCX.
- Payment Terms: You agree to pay all fees in accordance with the payment terms specified in your service agreement. Failure to make timely payments may result in suspension or termination of your access to the Services.
11. Termination
- By You: You may terminate your use of the Services at any time by contacting us or following the procedures outlined in your account settings.
- By Us: We may suspend or terminate your access to the Services if you violate these Terms, fail to make required payments, or if we determine that continued provision of the Services is not feasible.
- Effect of Termination: Upon termination, all rights granted to you will cease, and you must immediately discontinue using the Services. Any outstanding fees or obligations will remain due.
12. Limitation of Liability
To the fullest extent permitted by law, BrainCX shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services. Our total liability for any claim related to the Services shall be limited to the amount you paid for the Services in the 12 months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless BrainCX and its officers, employees, agents, and affiliates from and against any claims, damages, liabilities, losses, and expenses arising from your use of the Services or violation of these Terms.
14. Governing Law and Dispute Resolution
- Governing Law: These Terms shall be governed by and construed in accordance with the laws, without regard to its conflict of law principles.
- Dispute Resolution: Any disputes arising out of or relating to these Terms will be resolved through binding arbitration, under the rules of BrainCX AI. You waive any right to a jury trial.
15. Changes to Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the “Last Updated” date at the top of this page. Your continued use of the Services after the changes become effective constitutes your acceptance of the new Terms.
16. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
- Entire Agreement: These Terms constitute the entire agreement between you and BrainCX regarding your use of the Services and supersede all prior agreements or understandings.
Contact Us
If you have any questions or concerns about these Terms of Service, please contact us at:
Email: support@braincx.com
