Terms of Service

1. Acceptance

By creating an account on app.brainiall.com or making API calls to api.brainiall.com, you agree to these Terms of Service ("Terms"). If you are using the platform on behalf of an organization, you represent that you have authority to bind that organization.

2. The service

Brainiall provides AI APIs for Speech AI, NLP, Image Processing, and the specialty SKUs (Background Removal, Audio Enhancement, Speaker Diarization, PDF-to-Markdown, Agent Memory). The service is offered through Microsoft Azure Marketplace, direct subscription via Stripe, and free-tier access at app.brainiall.com.

3. Plans and pricing

Pricing for each product is published at app.brainiall.com/pricing and on each product's landing page. Free tier includes 100 images / 10 minutes / 10k events per month, depending on product, with rate limit of 10 requests per minute. Paid tiers (Starter / Pro / Business) are metered per call.

We may adjust prices with 30 days' notice to active subscribers. Marketplace billing is handled directly by Microsoft for Azure-procured plans; direct billing via Stripe.

4. Acceptable use

You agree NOT to use the service to:

• Process content depicting CSAM, non-consensual intimate imagery, or other illegal material.
• Generate or distribute content that infringes intellectual-property rights of others.
• Bypass rate limits, scrape billing endpoints, or perform denial-of-service attacks.
• Resell or rebrand the service without a written reseller agreement.
• Process biometric or facial-recognition data without lawful basis and end-user consent.

We may suspend or terminate accounts that violate these rules, with refund of unused credit on a pro-rated basis where applicable.

5. Intellectual property

• Your content — you retain all rights to inputs you submit and outputs you receive. We claim no IP rights in either.
• Our platform — the API surface, documentation, brand, and underlying ML models remain our property. You receive a non-exclusive, non-transferable license to use the service for the duration of your subscription.
• Open-source components — we use open-source libraries (rembg, DeepFilterNet, Demucs, pyannote, Marker, BGE) under their respective licenses. Notices available on request.

6. Service-level objective

We target 99.5% monthly uptime, measured at api.brainiall.com. Status page: app.brainiall.com/status. Credits for breaches are processed on request: 10% of monthly fee per 0.5 percentage point below 99.5%, max 50%.

7. Warranty disclaimer

The service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that ML model outputs are free of errors, biases, or hallucinations, and you must validate outputs before consequential decisions.

8. Limitation of liability

To the fullest extent permitted by law, our total aggregate liability arising out of or related to these Terms is limited to the greater of (a) USD 100 or (b) the fees you paid us in the 12 months preceding the claim. We are not liable for indirect, consequential, incidental, special, or exemplary damages.

9. Termination

You may cancel your subscription at any time from the dashboard or by emailing support@brainiall.com. Cancellation takes effect at the end of the current billing period. We may terminate accounts immediately for breach of acceptable-use terms.

10. Governing law

These Terms are governed by the laws of Brazil. Disputes are resolved in the courts of São Paulo, SP, Brazil, except where a mandatory jurisdiction (e.g., consumer protection) requires otherwise.

11. Changes

We may update these Terms with 30 days' advance notice via email or dashboard banner for material changes. Continued use after the effective date constitutes acceptance.

12. Contact

Legal: legal@brainiall.com
Support: support@brainiall.com
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