Brainstorm

Brainstorm Terms of Service

These Terms of Service (these "Terms") are the agreement between Brainstorm ("Provider," "we," "us," or "our") and you ("you" or "your") for the Brainstorm plugin, including its paid features and the account, sign-up, checkout, and account-management pages through which we make it available (together, the "Product"). By creating an account for the Product, purchasing or using its paid features, or clicking to accept these Terms, you agree to these Terms and represent that you have the authority to do so. If you are acting on behalf of a company or other entity, "you" means that entity and you bind it to these Terms. If you do not agree, do not create an account for or use the Product.

1. Your Account

1.1. Account. To use the Product's paid features you create an account with us for the Product. Your account is with Provider; it is separate from any account you hold with anyone else, and the credentials you use for it are yours to keep secure. You are responsible for the activity under your account.

1.2. Accuracy. You will keep the information associated with your account (including your email address and billing details) accurate and current.

2. License

2.1. Your use of the Plugin's software is subject to the license included with the Plugin, which is incorporated into these Terms.

2.2. Reservation of Rights. Except for the rights granted to you under that license and these Terms, Provider and its licensors retain all right, title, and interest (including all intellectual property rights) in and to the Product. The Product is licensed or provided on a subscription or one-time-purchase basis, not sold, and you acquire no ownership rights in it.

2.3. Precedence. In the event of a conflict between these Terms and the license included with the Plugin, the license controls as to the license to the Plugin's software, and these Terms control as to everything else.

3. Subscriptions, One-Time Purchases, and Billing

3.1. Paid Features and Fees. The Product may offer paid features on a recurring subscription basis, through one-time purchases (including prepaid usage "Packs" and per-feature add-ons), or both. To receive access to a paid feature you must pay the fees, including all applicable taxes, indicated at the time of purchase. "Purchase" means any payment for the Product (including a subscription, a one-time purchase, a renewal, or a tier or interval change) through the checkout and account surfaces we make available. Provider is the merchant of record and the seller for every purchase.

3.2. Payment. Payments are processed by our payment processor, Stripe; by providing a payment method you authorize us (through our processor) to charge it for the fees you incur. A charge for the Product appears on your statement under our name or statement descriptor. You are responsible for keeping your payment method current; you may update it, and your billing address, in your account settings.

3.3. Automatic Renewal. Subscriptions are offered on a recurring (for example, monthly or annual) basis and renew automatically at the then-current price for successive periods until cancelled. The automatic-renewal terms, billing frequency, and price are presented to you, and your affirmative consent to them is obtained, at checkout. You may turn off automatic renewal at any time in your account settings.

3.4. Cancellation; No Refunds. You may cancel a subscription at any time. Cancellation takes effect at the end of the then-current billing period: you retain access to the Product's paid features through the end of that period, and the subscription does not renew thereafter. Except where required by applicable law, all fees are non-refundable, and we do not provide refunds or credits for partial periods, unused access, or fees already paid.

3.5. Failed Payments. If a renewal payment fails, access to the Product's paid features may be suspended until payment succeeds, and the subscription may be cancelled if payment is not resolved within the applicable retry window. Any free features of the Product remain available.

3.6. Packs and One-Time Purchases. A one-time purchase grants you a fixed quantity of usage of the applicable Product features and does not renew. Unused quantities accumulate across your purchases for the Product and are drawn down as you use the features, beginning with the oldest. Each one-time purchase expires twelve (12) months after its purchase date, after which any remaining quantity lapses. Consistent with Section 3.4, one-time purchases are non-refundable except where required by law; we do not refund unused or expired quantities, and any refund we choose to issue does not restore quantity you have already used.

3.7. Unlimited Features and Fair Use. "Unlimited" features are subject to a fair use cap that is determined by the price of the plan they are included in; once your use of a plan's unlimited features reaches it, those features are unavailable until the cap resets.

3.8. Promotions and Discounts. We may offer discounts or promotional pricing from time to time. Promotions are subject to their stated terms, apply only as presented at checkout, have no cash value, may not be combined with other offers unless stated otherwise, and may be modified or withdrawn at any time. When a promotional period ends, the standard price applies.

3.9. Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for any sales, use, value-added, withholding, or similar taxes that apply to your purchases, other than taxes on our income; where we are required to collect them, they are added to the fees at checkout.

4. Acceptable Use

You will not, and will not permit anyone else to:

  • compromise the security or operation of the Product or the systems it relies on, including probing, scanning, or testing their vulnerability; tamper with, reverse-engineer, or attack them; or circumvent, disable, bypass, or interfere with any security, authentication, access-control, entitlement, metering, or billing mechanism, or attempt unauthorized access to them or to related systems, networks, or data;
  • overwhelm or attempt to overwhelm the Product or the systems it relies on by imposing an unreasonable load (for example, through bots, scrapers, or other automated systems sending more requests than a human could reasonably send through normal use, or use far beyond the documented parameters of the Product), or use any scraping, crawling, data-mining, or other bulk-collection method to extract data from the Product;
  • misrepresent yourself or disguise the origin of any content, use the Product to violate the privacy of others or to harass, threaten, or harm others, or use the Product for any illegal purpose or in violation of any applicable law;
  • use the Product to generate, facilitate, promote, or provide content that infringes anyone's rights, that is unlawful, defamatory, obscene, sexually explicit, harassing, or hateful, or that contains malicious code; or
  • use the Product's artificial-intelligence functionality to extract or harvest personal information, credentials, or other sensitive data; to manipulate, prompt-inject, or otherwise direct AI toward any prohibited or harmful goal; to seek or provide advice as if it were professional advice that would ordinarily require a licensed professional; to make automated decisions with legal or similarly significant effects on individuals; to mislead anyone into believing they are communicating with a human; or to generate disinformation, fake engagement, or impersonations.

Your use of any AI runtime with the Product is also subject to that runtime provider's own terms and acceptable-use policy (for example, Anthropic's). We, or the service providers that operate the Product's accounts and access controls on our behalf, may suspend or terminate your access to the Product for a violation of this Section, or for fraud, abuse, or security reasons (Section 9).

5. Privacy

Our Privacy Policy describes how we collect, use, and share information about you in connection with the Product.

6. Service Providers

We use third-party service providers to operate the Product, each of which processes information about you on our behalf and under our instructions in order to provide its services to us: Plugpass operates the Product's accounts, sign-in, purchases, subscriptions, access to paid features, and related pages; Stripe processes payments (Section 3.2). Our service providers are not parties to these Terms, have no direct relationship with you, and do not make the Product available to you on their own behalf. Requests about your account or your information should be directed to us (Section 7).

7. Support and Contact

Support for the Product is provided by us as described in the Product's pages or documentation. For questions about the Product, your account, or these Terms, contact us at support@favonian.ai.

8. Third-Party Beneficiaries

The service providers that operate the Product's accounts, purchases, and access controls on our behalf (Section 6) are intended third-party beneficiaries of Sections 2 (License) and 4 (Acceptable Use) and may enforce them directly against you. Except as stated in this Section, these Terms do not give any third party rights.

9. Term and Termination

9.1. For Cause. Your rights under these Terms terminate automatically if you fail to comply with them. On termination for your breach, you must cease using the Product's paid features, and we (or the service providers that operate the Product's accounts and access controls on our behalf) may revoke your access without notice and without refund.

9.2. Discontinuation. We may terminate these Terms or discontinue the Product or any of its features at our discretion, with reasonable notice where practicable.

9.3. Effect on Subscriptions. If these Terms terminate other than for your breach, your rights in any active subscription survive through the end of the paid period in accordance with Section 3.4.

9.4. Survival. Sections 2.2, 2.3, 4, and 8 through 15 survive termination or expiration of these Terms.

10. Disclaimers and Limitations of Liability

10.1. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER OFFERS THE PRODUCT "AS IS" AND "AS AVAILABLE," AND DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU MAY HAVE STATUTORY RIGHTS THAT LIMIT THIS DISCLAIMER.

10.2. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, OR INTERRUPTION OF BUSINESS. IF THE FOREGOING IS UNENFORCEABLE, PROVIDER'S AGGREGATE LIABILITY TO YOU UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (1) THE AMOUNTS YOU PAID FOR THE PRODUCT IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (2) FIFTY U.S. DOLLARS (US$50).

10.3. Basis of Bargain. The disclaimers and limitations in this Section 10 are an essential basis of the bargain between you and Provider, apply regardless of the form of action, and survive and apply even if a limited remedy fails of its essential purpose. Provider's affiliates, contractors, and service providers may exercise Provider's rights under these Terms, and all disclaimers and limitations benefit them.

11. Indemnification

You agree to indemnify, defend (at Provider's request), and hold harmless Provider, its affiliates, and its service providers, and their officers, agents, and employees from any third-party claims, and any related damages, losses, or costs (including reasonable attorneys' fees), arising out of your violation of these Terms, your violation of any third party's rights, or any content you submit through the Product. You may not settle any such claim without Provider's prior written consent.

12. Dispute Resolution; Governing Law

12.1. Informal Resolution. For any dispute arising out of or relating to these Terms, the parties will first attempt in good faith to reach a resolution; if they do not within sixty (60) days, either party may pursue relief as available under these Terms.

12.2. Governing Law; Forum. These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any action arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in San Francisco, California, and each party submits to the personal jurisdiction of those courts.

12.3. Injunctive Relief. Nothing in this Section prevents Provider from seeking injunctive relief for a violation of intellectual-property rights or confidentiality obligations, or to enforce or obtain recognition of any award or order, in any appropriate jurisdiction.

12.4. Exclusions. The United Nations Convention on Contracts for the International Sale of Goods, and the Uniform Computer Information Transactions Act (UCITA), do not apply to these Terms.

13. Changes to These Terms

We may modify these Terms by posting the revised version on the Product's pages. For material changes, we will provide notice through the Product's pages or to the email address on your account, and your continued use of the Product after the effective date constitutes acceptance. The version in effect at the time of a given purchase applies to that purchase.

14. General

14.1. Entire Agreement. These Terms, together with the license included with the Plugin and our Privacy Policy, are the entire agreement between you and Provider regarding the Product and supersede any prior or contemporaneous agreements on that subject.

14.2. Interpretation; Severability; Waiver. If any provision is held invalid, it will be limited or restated to the minimum extent necessary, and the remainder of these Terms remains in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only, and "including" is to be construed without limitation.

14.3. Assignment. You may not assign these Terms without Provider's prior written consent. Provider may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, or to a successor to the Product.

15. Contact

For communications concerning these Terms, contact us at support@favonian.ai. We may send you notices through the Product's pages or to the email address on your account.