Terms of Service

1. Acceptance of Terms

These Terms of Service (the “Terms”) govern your access to and use of the services, website, and applications provided by BrainChat (“we,” “us,” or “our”) that allow you to deploy and manage AI-powered messaging agents across various third-party social media and messaging channels (the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Service.

2. The Service

2.1 Description

• Configure, train, and deploy AI messaging agents
• Connect agents to third-party social and messaging platforms (e.g., Facebook Messenger, Instagram, WhatsApp, X)
• Automate communication, responses, and data collection across connected channels

2.2 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your internal business purposes.

3. User Accounts and Responsibility

3.1 Account Creation

You must provide accurate and complete information when registering for an account. You are responsible for maintaining the confidentiality of your login credentials.

3.2 Account Security

You are responsible for all activities under your account and must notify us immediately of any unauthorized access or security breach.

3.3 Age Restriction

You must be at least 18 years old and legally capable of forming a binding contract.

4. Integration with Third-Party Channels

4.1 Third-Party Terms

Your use of Third-Party Channels is subject to their respective terms and privacy policies. You are solely responsible for compliance with those terms.

4.2 API Access

You grant us permission to access necessary APIs and data from your connected Third-Party Channels solely to operate the Service. We are not responsible for third-party availability or security.

5. Data, Content, and Compliance

5.1 User Content

You are solely responsible for all data, text, images, and content you upload or transmit through the Service (“User Content”).

5.2 Responsibility for Agent Output

AI-generated content may require human oversight. You bear full legal responsibility for all content generated by your AI agents, including compliance with applicable laws.

5.3 Legal Compliance

• Violating any applicable law or regulation
• Sending spam or unauthorized promotions
• Engaging in fraud, phishing, or impersonation
• Infringing third-party intellectual property rights

6. Intellectual Property

6.1 Our Intellectual Property

All rights to the Service, excluding User Content, remain the exclusive property of BrainChat.

6.2 Your Content

You retain ownership of your User Content and grant us a non-exclusive, royalty-free license to use it solely to provide the Service.

7. Fees, Payment, and Termination

Failure to pay applicable fees may result in suspension or termination. You may terminate your account at any time. We may suspend or terminate access for violations of these Terms.

8. Disclaimers and Limitation of Liability

The Service is provided “as is” and “as available” without warranties of any kind.

To the fullest extent permitted by law, BrainChat shall not be liable for any indirect, incidental, or consequential damages.

9. Indemnification

You agree to indemnify and hold harmless BrainChat from claims arising from your use of the Service or violation of these Terms.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of California, United States. Disputes shall be resolved in San Francisco, California or via binding arbitration, as applicable.

11. Changes to Terms

We may modify these Terms at any time. Continued use of the Service after changes take effect constitutes acceptance.

12. Contact Information

BrainChat
San Francisco, CA
support@brainchat.ai