TERMS OF SERVICE
1. INTRODUCTION
Welcome to Braingine (“Company”, “we”, “our”, “us”)! As you have navigated to this page, you are accessing a platform that provides enterprise-grade computer vision and AI solutions for physical operations analytics. These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at www.braingine.ai (together or individually “Service”) operated by Braingine.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: Privacy Policy.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.
If you do not agree with the Agreements, you must not access or use the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreements. In that case, “you” and “your” will refer to that company or other legal entity.
2. COMMUNICATIONS
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
3. PURCHASES
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
4. SUBSCRIPTIONS
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Braingine cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
A valid payment method is required to process the payment for your subscription. You shall provide Braingine with accurate and complete billing information that may include but is not limited to full name, address, state, postal or zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Braingine to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Braingine reserves the right to terminate your access to the Service with immediate effect.
5. FREE TRIAL
Braingine may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Braingine until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Braingine reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
6. IMPLEMENTATION AND FEES
6.1 Implementation
We pride ourselves on rapid implementation of our solutions, typically within 5 business days from the start of implementation. However, actual implementation times may vary based on the complexity of your specific use case, technical environment, and your cooperation in providing necessary access and information.
6.2 Installation and Configuration
Installation and configuration services are provided according to the package selected in your Subscription. Additional customization beyond the standard package may incur additional fees.
6.3 License Fees
License fees are based on the subscription plan chosen and may be calculated according to factors such as:
- Number of locations/sites
- Number of cameras or edge devices
- Volume of data processed
- Additional features and modules enabled
6.4 Support and Maintenance
Support and maintenance services are included in your subscription as specified in your service agreement. Different levels of support may be available at different pricing tiers.
7. SERVICE LEVEL AGREEMENT
Braingine is committed to providing reliable service with high uptime. Our standard Service Level Agreement (SLA) includes:
7.1 System Availability
We guarantee 99.5% uptime for our cloud services, excluding scheduled maintenance windows.
7.2 Response Times
- Critical issues: Initial response within 2 hours
- High-priority issues: Initial response within 4 hours
- Standard issues: Initial response within 1 business day
7.3 Resolution Commitment
We commit to working continuously on critical issues until resolved and providing regular updates on progress for all reported issues.
7.4 Scheduled Maintenance
Scheduled maintenance will be performed during off-peak hours whenever possible, with advance notice of at least 48 hours for standard maintenance and 7 days for major system updates.
8. INTELLECTUAL PROPERTY
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Braingine and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Braingine.
8.1 Use of Braingine Technology
Your subscription grants you a limited, non-exclusive, non-transferable license to use Braingine’s technology for your internal business operations as specified in your service agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Service.
8.2 Your Data
You retain all rights to your data processed by our systems. Braingine does not claim ownership of the data you provide. However, you grant Braingine a limited license to use your data solely for the purpose of providing the Service to you, which may include improving our algorithms and enhancing our services.
8.3 Aggregated Analytics
Braingine may create anonymized, aggregated data from your use of the Service for industry analytics, improvement of the Service, and other legitimate business purposes. Such aggregated data will not identify you or your end users.
9. PROHIBITED USES
You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:
9.1
In any way that violates any applicable national or international law or regulation.
9.2
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
9.3
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
9.4
To impersonate or attempt to impersonate Braingine, a Braingine employee, another user, or any other person or entity.
9.5
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
9.6
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by Braingine, may harm or offend Braingine or users of the Service or expose them to liability.
9.7
To use our technology for surveillance applications that violate privacy laws or ethical guidelines, including but not limited to unauthorized facial recognition, racial or demographic profiling, or behavior prediction for purposes that may lead to discrimination.
9.8
To use the Service for monitoring, tracking, or analyzing protected groups or vulnerable populations without proper legal authorization and ethical safeguards.
Additionally, you agree not to:
9.9
Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
9.10
Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
9.11
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
9.12
Use any device, software, or routine that interferes with the proper working of the Service.
9.13
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
9.14
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
9.15
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
9.16
Otherwise attempt to interfere with the proper working of the Service.
10. ETHICAL AI USE
Braingine is committed to the ethical use of AI and computer vision technology. By using our Service, you agree to:
10.1
Comply with all applicable laws and regulations regarding data protection, privacy, and ethical use of AI, including but not limited to GDPR, CCPA, and the EU AI Act.
10.2
Transparently disclose to your end users the presence and purpose of computer vision technologies in your environments.
10.3
Obtain all necessary consents and permissions before implementing our technology in spaces where individuals may be recorded or analyzed.
10.4
Not use our technology to discriminate against individuals or groups based on protected characteristics.
10.5
Implement appropriate security measures to protect the data collected through our systems.
Braingine reserves the right to suspend or terminate service if we determine that you are using our technology in a manner that violates these ethical guidelines.
11. ANALYTICS
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: Google Privacy & Terms
12. NO USE BY MINORS
The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Service.
13. ACCOUNTS
When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
14. INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal@braingine.ai, with sufficient detail to permit us to locate the allegedly infringing material.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
15. ERROR REPORTING AND FEEDBACK
You may provide us either directly at support@braingine.ai or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.