Terms and Conditions

By accessing or using this AI-powered mind mapping and chat mapping service ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and BrainStorm Technologies LTD ("we," "us," or "our"). By creating an account or using the Service, you represent that you are at least 16 years of age (or 13 in the United States with parental consent) and have the legal capacity to enter into this agreement.

The Service provides an AI-powered mind mapping and chat mapping platform that allows users to create, edit, and manage mind maps and chat maps with assistance from artificial intelligence. The Service includes:

• Creation and management of mind maps and chat maps

• AI-assisted content generation and suggestions

• Integration with third-party AI providers (OpenAI, Anthropic, Google, and others)

• Cloud storage and synchronization of user content

• Export and import functionality

• Collaboration features (if applicable)

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

Account Creation: You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

Account Eligibility: You may not create an account if you have been previously banned from the Service or if doing so would violate any applicable law.

One Account Per User: You may not create multiple accounts to circumvent limitations or restrictions.

Subscription Plans: The Service may offer various subscription tiers with different features and usage limits. Pricing and features are subject to change with reasonable notice.

Payment Terms: Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). All fees are non-refundable except as expressly stated in these Terms or required by law.

Automatic Renewal: Subscriptions automatically renew unless you cancel before the renewal date. You are responsible for canceling your subscription if you no longer wish to use the Service.

Price Changes: We reserve the right to change subscription prices with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new price.

Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying.

Payment Processing: Payments are processed by third-party payment processors. You agree to their terms and conditions.

Failed Payments: If a payment fails, we may suspend or terminate your access to paid features until payment is received.

Your Content: You retain all ownership rights to content you create using the Service ("User Content"), including mind maps, chat maps, notes, and other materials.

License to Us: By using the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, store, display, and transmit your User Content solely to provide and improve the Service.

AI Processing: You understand and agree that your prompts and content may be processed by third-party AI providers to generate AI responses. Review the privacy policies of your selected AI provider.

Responsibility for Content: You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to your User Content and that it does not violate any third-party rights or applicable laws.

Our Intellectual Property: The Service, including its design, functionality, code, and original content, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission.

Feedback: If you provide feedback or suggestions about the Service, we may use such feedback without any obligation to you.

You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or third-party rights

• Upload or transmit viruses, malware, or other malicious code

• Attempt to gain unauthorized access to the Service or other users' accounts

• Use automated systems (bots, scrapers) without our written permission

• Generate or share illegal, harmful, abusive, harassing, defamatory, or obscene content

• Infringe upon intellectual property rights of others

• Impersonate any person or entity or misrepresent your affiliation

• Engage in any activity that could harm, disable, or impair the Service

• Resell or redistribute the Service without authorization

• Use the Service for any unlawful purpose, including but not limited to fraud, money laundering, or terrorist financing

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

Third-Party Services: The Service integrates with third-party AI providers (OpenAI, Anthropic, Google, and others). Your use of AI features is also subject to those providers' terms of service and privacy policies.

No Liability for Third-Party Services: We are not responsible for the actions, quality, availability, or content provided by third-party AI services. Any issues with AI-generated content should be directed to the respective AI provider.

API Keys: If you provide your own API keys for third-party services, you are responsible for complying with those providers' terms and managing your usage and costs.

AI Limitations: AI-generated content may contain errors, inaccuracies, or inappropriate material. You should review and verify all AI-generated content before relying on it.

Backup Responsibility: While we implement reasonable backup procedures, you are responsible for maintaining your own backups of important User Content.

Data Loss: We are not liable for any loss, corruption, or unauthorized access to your User Content, except as required by applicable law.

Export Features: We provide export functionality to allow you to download your content. We recommend regular exports of important data.

No Uptime Guarantee: While we strive for high availability, the Service is provided "as is" without any guarantee of uninterrupted access. We may perform maintenance that temporarily affects availability.

Service Modifications: We reserve the right to modify, suspend, or discontinue any feature or the entire Service at any time, with or without notice.

Updates: We may update the Service to add features, fix bugs, or improve performance. Some updates may be mandatory.

Termination by You: You may terminate your account at any time through account settings. Upon termination, your access to paid features will continue until the end of your current billing period, after which no refunds will be provided for unused time.

Termination by Us: We reserve the right to suspend or terminate your account immediately, without notice, if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

Effect of Termination: Upon termination, your right to access the Service immediately ceases. We may delete your User Content within 90 days of termination, subject to our data retention policies and legal obligations.

Survival: Sections of these Terms that by their nature should survive termination (including disclaimers, limitations of liability, and dispute resolution provisions) will remain in effect after termination.

AS-IS BASIS: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

No Warranty: We do not warrant that the Service will be uninterrupted, secure, error-free, or free from viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content, including AI-generated content.

AI Content Disclaimer: AI-generated content is provided for informational purposes only and should not be relied upon as professional advice. We are not responsible for any decisions made based on AI-generated content.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM YOUR USE OF THE SERVICE.

Maximum Liability: Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Jurisdictional Limitations: Some jurisdictions do not allow certain disclaimers or limitations of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service

• Your User Content

• Your violation of these Terms

• Your violation of any third-party rights, including intellectual property rights

• Any fraudulent, illegal, or malicious activity associated with your account

Informal Resolution: Before filing a formal dispute, you agree to contact us to attempt to resolve the issue informally.

Governing Law: These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

Arbitration: Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with [Arbitration Rules], except as otherwise provided by mandatory consumer protection laws.

Class Action Waiver: You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations, to the extent permitted by law.

Small Claims Court: Either party may bring an individual action in small claims court.

Injunctive Relief: Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

We comply with applicable data protection laws, including GDPR, CCPA, and other relevant regulations. For more information about how we handle your personal data, please review our Privacy Policy.

The Service is controlled and operated from [Your Country]. We make no representation that the Service is appropriate or available for use in all locations. If you access the Service from outside [Your Country], you do so at your own risk and are responsible for compliance with local laws.

Export controls and sanctions laws may apply to your use of the Service. You represent that you are not located in, or a national of, any country subject to comprehensive sanctions, and you will not use the Service in violation of any export control or sanctions laws.

We reserve the right to modify these Terms at any time. Material changes will be notified to you via email or prominent notice within the Service. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

The "Last Updated" date at the top of these Terms indicates when they were last revised.