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Terms of Service

Last updated: 2026-05-07 · Effective immediately

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.
  • Create multiple accounts to circumvent free-tier quotas (account farming), use disposable / temporary email domains, share or resell API keys, or use residential-proxy networks to evade per-IP limits.
  • Submit the same content (e.g., identical image hash) at high frequency to map model decision boundaries, or otherwise probe the service to design evasion attacks.

Revoke-on-abuse. Where we detect a violation of this section — in particular CSAM, biometric processing without consent, account farming, or denial-of-service patterns — we may suspend or permanently revoke access immediately and without notice. In such cases no pro-rated refund is owed, and we reserve the right to (a) retain audit metadata required to defend against legal claims, (b) report unlawful content to competent authorities, and (c) decline future signups from associated identifiers (email domain, payment method, IP range). For all other violations we will provide notice and an opportunity to cure within 14 days; if cured we may reinstate access with a refund of unused credit on a pro-rated basis.

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 (Brainiall Cutout (Fast tier), audio-cleanup engines, Brainiall Speaker ID, Brainiall Document Reader engine, Brainiall Memory engine) 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

Default cap (self-serve / Stripe customers). 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 1,000 or (b) the fees you paid us in the 12 months preceding the claim.

Enterprise cap (negotiable). Customers on annual contracts ≥ USD 25,000 may opt into our Enterprise Master Service Agreement (MSA), which replaces this clause with a liability cap equal to the greater of (i) twelve (12) times the average monthly fees over the prior 12 months, or (ii) USD 1,000,000, whichever the customer elects in writing. The Enterprise MSA also addresses indemnity, insurance requirements, audit rights, governing law (Delaware or English law optional), and SOC 2 Type II remedies.

Consequential damages. In all cases, neither party is liable for indirect, consequential, incidental, special, or exemplary damages. Caps do not apply to (a) breach of confidentiality, (b) gross negligence or willful misconduct, (c) indemnification obligations, or (d) fees owed.

Insurance. We maintain commercial general liability and cyber-liability insurance appropriate for a Processor of our scale. Certificates of Insurance available to Enterprise customers on request.

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 and dispute resolution

Default (self-serve customers). 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.

Enterprise alternatives. Customers on annual contracts ≥ USD 25,000 may elect, in the Enterprise MSA, one of the following alternative governing laws and forums:

  • Laws of the State of Delaware, USA — disputes in Wilmington, DE.
  • Laws of the State of New York, USA — disputes in New York, NY.
  • Laws of England and Wales — arbitration under LCIA Rules, seat London.
  • Swiss Rules of International Arbitration (ICC) — seat Zürich.

For any of the above, parties may also elect arbitration under the ICC Rules (single arbitrator, English language, electronic submissions). Brainiall pays the filing fee when the dispute amount is below USD 250,000.

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
Security disclosures (RFC 9116): security@brainiall.com · security.txt
Abuse reports (free-tier abuse, illicit content, account farming): abuse@brainiall.com
Brainiall · Privacy Policy · Data Processing Addendum