BRAYN OnAIr Terms & Conditions

24/04/2025


Contents
  1. Definitions
  2. Acceptance of Terms
  3. User Accounts & Consent
  4. Service Use
  5. Payment & Refunds
  6. Data, Privacy & Audio Retention
  7. Regional Privacy & Data Protection
  8. AI Training & Model Improvement
  9. Intellectual Property
  10. User Content & Backups
  11. Accuracy of Information
  12. Disclaimer & Limitation of Liability
  13. Indemnification
  14. Force Majeure
  15. Third-Party Rights
  16. Dispute Resolution
  17. Entire Agreement & No Waiver
  18. Changes & Notifications
  19. Contact Information

1. Definitions
  • Service: BRAYN OnAIr — a standalone, AI-powered web and mobile platform for live audio coaching sessions, provided by Shellmond Ltd (Cyprus).
  • User: an individual aged 13 or older; minors aged 13–17 may use the Service only with verifiable parental or guardian consent. No personal data is collected for children under 13.
  • Account: the User’s registered login tied to an email address and password.
  • AI Coach: an AI model providing audio-based coaching; not a licensed medical, legal, educational, or psychological professional.
  • Audio Session: a live voice conversation over a secure HTTPS channel.
  • Agreement: this document, as accepted by the User via checkbox.

2. Acceptance of Terms

By registering or initiating payment, the User must check “I accept the Terms & Conditions.” Without consent, access to the Service is blocked.

3. User Accounts & Consent
  • Age & Parental Consent: Only individuals 13+ may use the Service. Users 13–17 require parental/guardian consent; guardians assume responsibility.
  • Account Security: Users must keep credentials confidential. Shellmond Ltd may suspend or terminate accounts for breaches.
  • Consent Logging: We log date, time, and IP each time a User checks “I accept the Terms & Conditions.”
  • Recording Consent: Sessions are not recorded by default; any recording requires explicit User consent.

4. Service Use

Users may interact with AI Coaches for communication, cognition, career, and innovation guidance. Prohibited uses include unlawful acts, IP infringement, harassment, malware distribution, or security circumvention.

Not a Therapy Service: BRAYN OnAIr and its AI Coaches do not provide Cognitive Behavioral Therapy (CBT) or any licensed clinical therapy. Service is for personal development and coaching only.

5. Payment & Refunds
  • Payment Methods: credit/debit card and other providers at checkout.
  • Refunds: only for verified technical failures; request via support@brayn.app within 7 days.
  • Taxes & Fees: Users pay all applicable taxes or duties.

6. Data, Privacy & Audio Retention
  • Privacy Policy: see Privacy Policy and Cookie Policy.
  • Audio Data Retention: opted-in recordings stored up to 30 days, then deleted unless User requests otherwise.
  • Data Subject Rights: Users may access, correct, delete, or export their data via support@brayn.app.

7. Regional Privacy & Data Protection
  • GDPR (EU): EU Users have rights under GDPR (access, rectification, erasure, portability, complaints).
  • CCPA (CA, USA): California residents have rights under CCPA (know, delete, opt-out of sale, non-discrimination).
  • 152-FZ (Russia): Russian Users’ data processed per Federal Law 152-FZ; rights to access, update, delete.

8. AI Training & Model Improvement

By using the Service, Users consent to anonymized, aggregated use of their session data for sole purpose of training and improving Shellmond Ltd’s AI Coach models. No personally identifiable information is used or disclosed.

9. Intellectual Property

All platform content, designs, code, and AI Coach models belong to Shellmond Ltd. Users receive a limited, non-exclusive license for personal use. Unauthorized copying or distribution is prohibited.

10. User Content & Backups
  • User Content: Users retain ownership but grant Shellmond Ltd a license to use content as needed to provide Service.
  • Backups: Users manage their own backups. Shellmond Ltd may restore data at its discretion but provides no guarantee.

11. Accuracy of Information

Information is provided “as is.” We may correct errors at any time and are not obligated to update content except as required by law.

12. Disclaimer & Limitation of Liability
  • Disclaimer: Service provided “as is,” without warranties.
  • Limitation of Liability: Shellmond Ltd’s liability capped at amounts paid by User in preceding 30 days; no liability for indirect or consequential damages.

13. Indemnification

Users indemnify and hold harmless Shellmond Ltd and its affiliates from any claims, damages, losses, or expenses arising from use of the Service or breach of this Agreement.

14. Force Majeure

Neither party liable for delays/failures due to causes beyond control (disasters, government acts, strikes, cyber-attacks, network failures).

15. Third-Party Rights

This Agreement does not confer enforceable rights to third parties. Third-party content is provided “as is” and not endorsed by Shellmond Ltd.

16. Dispute Resolution
  • Good Faith Negotiation: Parties will attempt amicable resolution.
  • Arbitration: Unresolved disputes go to binding ICC arbitration in Cyprus.

17. Entire Agreement & No Waiver

This document is the entire Agreement and supersedes prior ones. Failure to enforce a provision does not waive rights.

18. Changes & Notifications

Shellmond Ltd may update this Agreement anytime. New versions bear a new number and date. Users will be notified by email and prompted to re-consent.

19. Contact Information

Shellmond Ltd
Facility Name: SHELLMOND LIMITED
Street Address: D. Michael Tower, Flat 105A, 27 25 Martiou
City: Egkomi, Nicosia
Zip/Postal Code: 2408, Cyprus
Email: support@brayn.app

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