Brainboom

Terms of Service

Last Updated: March 26, 2026

Introduction

These Terms of Service ("Terms") govern your use of the Brainboom website, applications, and services (together, the "Services") operated by Brainboom ("Brainboom", "we," "us," or "our"). These Terms apply in addition to our Privacy Policy and Cookie Policy, which are incorporated herein. By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these terms, please discontinue use of our Services.

1. Acceptance of Terms

By accessing or using the Services, you confirm that you accept these Terms and agree to comply with them. If you are using the Services on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to bind the entity to these Terms and that you agree to these Terms on the entity's behalf.

2. Changes to Terms

We may revise these Terms from time to time. The most current version will always be posted on our website. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms.

3. Account Registration and Security

Some features of our Services require registration and the creation of an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Our Services

Our Services include AI-powered automation tools, custom AI product development, data analysis, and related consulting services. We reserve the right to add, alter, or remove functionality from our Services at any time without prior notice.

We strive to make our Services available 24/7, but do not guarantee that the Services will always be available, uninterrupted, timely, secure, or error-free. We reserve the right to suspend or terminate access to the Services for maintenance, updates, or other reasons.

5. Fees and Payment

Some of our Services may be offered on a subscription basis or for a one-time fee. When you purchase any paid Services, you agree to pay all applicable fees as specified on our website. Unless otherwise stated, all fees are quoted in Euros.

Subscription services will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You authorize us to charge your selected payment method for subscription fees at the then-current rates.

All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law.

6. Intellectual Property

Our Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, "Content"), are owned by Brainboom, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

7. User Content

Our Services may allow you to upload, submit, store, send, or receive content ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content. By uploading, submitting, storing, sending, or receiving User Content to or through our Services, you give Brainboom a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such User Content.

You are solely responsible for your User Content and the consequences of sharing it. We are not responsible for the content or accuracy of any User Content, and we do not endorse any User Content. You represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use your User Content; and
  • Your User Content does not violate these Terms, applicable law, or the rights (intellectual property, privacy, or otherwise) of any third party.

8. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate Brainboom, a Brainboom employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Brainboom or users of the Services or expose them to liability.
  • To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • To use the Services in any manner that could disable, overburden, damage, or impair the Services.
  • To use any device, software, or routine that interferes with the proper working of the Services.
  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
  • To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

9. Termination

We may terminate or suspend your access to all or part of the Services, with or without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms or is harmful to other users of the Services, us, or third parties, or for any other reason.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BRAINBOOM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

BRAINBOOM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BRAINBOOM MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINBOOM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
  • ANY CONTENT OBTAINED FROM THE SERVICES; OR
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL BRAINBOOM'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED EUROS (€100) OR THE AMOUNT YOU PAID BRAINBOOM IN THE LAST 12 MONTHS.

12. Indemnification

You agree to defend, indemnify, and hold harmless Brainboom, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Andorra. Any legal action or proceeding arising out of or relating to these Terms or the Services shall be instituted exclusively in the courts of Andorra.

14. Waiver and Severability

No waiver of by Brainboom of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brainboom to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

15. Entire Agreement

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and Brainboom regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

16. Contact Information

If you have any questions about these Terms, please contact us at howcanwehelp@brainboom.co or by mail at Brainboom, Pal Beach, La Massana, AD400, Andorra.