1. Acceptance of Terms
1.1 These Terms & Conditions (the “Terms“) form a binding agreement between you and Brainy Bot, Inc when you access or use www.brainybotva.com or purchase our Services. If you are using the Services on behalf of a business, you represent that you have authority to bind that business.
1.2 We may update these Terms from time to time. If changes are material, we will post the new Terms and update the date above. Your continued use after changes become effective means you accept the updated Terms.
1.3 By creating an account, making a purchase, or clicking an acceptance mechanism, you agree to these Terms and our Privacy Policy.
2. Eligibility; Accounts
2.1 The Services are intended for business professionals aged 18+. You must provide accurate account information and keep it up to date.
2.2 You are responsible for safeguarding your login credentials and for activity under your account.
3. Services Overview
3.1 Education. Online courses, workshops, and resources on AI for business professionals.
3.2 Community. Access to a private community hosted on Discord and Skool (“Community Platforms“). Your use of those platforms is also governed by their terms and privacy policies.
3.3 Custom AI Systems. Consulting and development services for business clients may be subject to a separate statement of work (“SOW“) and DPA; if a conflict exists, the SOW controls for the custom engagement.
4. Orders, Pricing, and Taxes
4.1 Prices, features, and available offerings are shown at checkout. Taxes (e.g., sales tax, VAT/GST) may be added where applicable and are your responsibility unless stated otherwise.
4.2 We may change prices or offerings prospectively. Any change to an active subscription will take effect on the next renewal term.
5. Payment and Billing
5.1 We accept payment via PayPal and GoCardless. Their terms and privacy policies govern the payment process. We do not store full card or bank details.
5.2 By submitting a payment method, you authorize us (and our processors) to charge applicable fees and taxes for purchases and renewals.
5.3 Chargebacks. If you initiate a chargeback, we may suspend access to the affected Services while the matter is investigated. This does not limit your Refund Policy rights in Section 7.
6. Subscriptions and Auto‑Renewals (if applicable)
6.1 Some Services (e.g., memberships) may be offered on a subscription basis that auto‑renews at the end of each billing period (e.g., monthly or annual) until canceled.
6.2 Cancellation. You may cancel at any time, effective at the end of the current billing period. Instructions are provided in your account settings or order confirmation.
6.3 Renewal Notices. Where required by law, we will send renewal or price‑change notices to your account email.
6.4 Refund Window. The unconditional 30‑day refund in Section 7 applies to initial purchases and renewals, measured from the charge date.
7. Refund Policy — Unconditional 30‑Day Guarantee
7.1 No questions asked. You may request a full refund for any purchase within 30 days of the charge date. No explanation is required.
7.2 How to request. Email admin@mybrainybot.com from your account email with your order ID (or sufficient information for us to locate the transaction).
7.3 Method & timing. Refunds are issued to the original payment method via PayPal or GoCardless. Processing times may vary by payment provider and bank. We do not charge restocking or cancellation fees.
7.4 Access after refund. Refunded purchases may result in immediate loss of access to the relevant course, community area, or service.
7.5 After 30 days. Refunds requested more than 30 days after the charge date are not available under this policy, unless required by applicable law or expressly stated on a specific offer page.
8. Access and Acceptable Use
8.1 You agree not to misuse the Services. Prohibited conduct includes: illegal activity; infringing others’ rights; uploading malicious code; scraping or rate‑limiting evasion; circumventing access controls; attempting to reverse engineer any non‑open components; or using the Services to train models that compete with our offerings without written permission.
8.2 Community participation must comply with the Community Platforms’ rules and our community guidelines. We may moderate or remove content and suspend accounts for violations.
9. User Content; Licenses
9.1 Your content remains yours. You retain ownership of content you submit to the Services (“User Content“).
9.2 License to Brainy Bot. You grant Brainy Bot a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, and display User Content solely to operate and provide the Services and to moderate the community.
9.3 Public areas. Content you post in public channels may be visible to other users. Do not share confidential information in public areas.
9.4 Responsibility. You are responsible for your User Content and for ensuring you have all rights needed to post it.
10. AI Outputs and Professional Disclaimer
10.1 AI outputs may be imperfect. Course materials, tools, and example prompts may generate outputs that can be inaccurate, incomplete, or inappropriate for your use case. You are responsible for review, testing, and compliance before relying on any output.
10.2 No professional advice. The Services are for education and general information. They are not legal, financial, medical, or other professional advice.
11. Intellectual Property; Course and Platform Materials
11.1 The Services, including course videos, curricula, text, graphics, logos, and software, are owned by Brainy Bot or its licensors and are protected by intellectual property laws.
11.2 License to you. Subject to these Terms, Brainy Bot grants you a limited, non‑exclusive, non‑transferable license to access and use purchased materials for your internal business use. You may not resell, redistribute, or publicly perform course materials without written permission.
12. Third‑Party Services
12.1 The Services interoperate with third‑party services (e.g., Discord, Skool, PayPal, GoCardless). We are not responsible for those services and do not control their terms or policies.
13. Confidentiality (Custom Engagements)
13.1 If we exchange confidential information in a custom engagement, each party will protect the other’s non‑public information using reasonable safeguards and use it only for the engagement. A separate NDA may apply.
14. Feedback
14.1 If you provide suggestions or feedback, you grant Brainy Bot a perpetual, worldwide, royalty‑free right to use it without restriction, with no obligation to compensate you.
15. Suspension; Termination
15.1 We may suspend or terminate access for violation of these Terms or law, or to address security risks, with notice where practical.
15.2 You may stop using the Services at any time and cancel subscriptions per Section 6. Section 7 governs refunds.
16. Effect of Termination
16.1 Upon termination or refund, your right to access applicable Services ends. We may retain minimal records required for legal and accounting purposes as described in the Privacy Policy.
17. Warranties and Disclaimers
17.1 The Services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.
18. Limitation of Liability
18.1 To the maximum extent permitted by law, each party’s total liability arising out of or related to the Services is capped at the fees you paid to Brainy Bot for the Services giving rise to the claim in the 12 months before the event.
18.2 Exclusions: This cap does not limit liability for (a) death or personal injury caused by a party’s negligence; (b) willful misconduct or fraud; or (c) infringement of Brainy Bot’s intellectual property by intentional misuse of the Services.
18.3 In no event are we liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.
19. Indemnification
19.1 You will defend and indemnify Brainy Bot against third‑party claims arising from your (a) misuse of the Services; (b) User Content; or (c) violation of these Terms or law, and pay reasonable costs, damages, and fees resulting from such claims.
20. Export and Sanctions Compliance
20.1 You represent that you are not located in an embargoed country or on any government restricted‑party list and will not use the Services in violation of export control or sanctions laws.
21. Governing Law; Dispute Resolution
21.1 These Terms are governed by the laws of Oregon, USA, without regard to conflicts of law.
21.2 Dispute forum (choose one): {Option A — Arbitration: Any dispute will be resolved by binding arbitration seated in Oregon under the rules of a recognized arbitration provider; no class actions.| Option B — Courts: The parties consent to the exclusive jurisdiction of the state and federal courts located in Oregon (venue per the principal place of business of the defending party).}
22. Class Action Waiver; Jury Trial Waiver
22.1 {If Option A (Arbitration) is selected: You and Brainy Bot agree that each may bring claims only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.}
22.2 {If Option B (Courts) is selected: To the extent permitted by law, both parties waive any right to a jury trial.}
23. Notices
23.1 We may provide notices by email to your account email or by posting on the Site. You may provide legal notices to:
Brainy Bot, Inc
6305 Ulali Dr, Keizer, OR 97303, USA
Email: admin@mybrainybot.com
23.2 Copyright complaints. Email: admin@mybrainybot.com. Provide: (a) identification of the copyrighted work; (b) identification of the material to be removed; (c) contact information; (d) your statement of good‑faith belief; and (e) a statement under penalty of perjury that you are authorized to act.
24. Changes to Services
24.1 We may modify or discontinue features with reasonable notice where practical. Material adverse changes to paid features will not apply during your current billing period unless required for security, legal, or performance reasons.
25. General
25.1 Assignment. You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a reorganization.
25.2 Severability. If any provision is unenforceable, the remainder remains in effect.
25.3 Waiver. Failure to enforce a provision is not a waiver.
25.4 Order of Precedence. If these Terms conflict with an SOW or separate written agreement signed by both parties, the latter controls.
25.5 Entire Agreement. These Terms and any documents referenced in them are the entire agreement for your use of the Site and Services.
26. Contact
Questions about these Terms: admin@mybrainybot.com
C) Plain‑English Summary
Oregon law applies; choose arbitration or court. Notices via email or postal address.
Business‑friendly Terms for Brainy Bot’s courses, community, and custom AI work.
Refunds: 30‑day, unconditional, no questions asked—email us within 30 days of the charge.
Some products may auto‑renew; you can cancel anytime (end of current term). The 30‑day refund window applies to renewals as well.
Your content stays yours; we can host it to run the service. No professional advice.
Standard “as‑is” warranty disclaimer; liability capped to fees paid in the last 3 months; you indemnify us for misuse and your content.
