Terms of Service

1. Acceptance of Terms

By accessing or using Brainer ("the Service"), operated at marketingbrainer.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. We reserve the right to update these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

Brainer is an AI-powered neuromarketing analysis platform. Users can upload video, image, or text ad creatives to receive predicted brain activation reports, emotional response analysis, win predictions, and AI-generated optimization recommendations. The analysis is generated using machine learning models and should be treated as predictive estimates, not guaranteed outcomes.

3. Account Registration

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must be at least 18 years old to create an account and use the Service.

4. Subscription Plans and Billing

Brainer offers paid subscription plans billed on a recurring basis (monthly, semi-annually, or annually). Pricing and plan details are displayed on our pricing page and may be updated from time to time.

Free Trial: Certain plans may include a free trial period. During the trial, you will have access to the plan features at no charge. At the end of the trial period, your subscription will automatically convert to a paid subscription and your payment method will be charged unless you cancel before the trial ends.

Automatic Renewal: All subscriptions automatically renew at the end of each billing cycle. You will be charged the applicable subscription fee using the payment method on file unless you cancel before the renewal date.

Payment Processing: All payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for the recurring subscription fees.

5. Refund Policy

All payments made to Brainer are non-refundable. This includes but is not limited to monthly subscription fees, semi-annual subscription fees, annual subscription fees, and any charges incurred after the expiration of a free trial period.

We provide a free trial period for eligible plans specifically so that you can evaluate the Service before committing to a paid subscription. It is your responsibility to cancel before the trial ends if you do not wish to be charged.

If you believe you have been charged in error, contact us at support@marketingbrainer.com and we will review your case.

6. Cancellation

You may cancel your subscription at any time by contacting us at support@marketingbrainer.com. Upon cancellation:

• Your subscription will remain active until the end of the current billing period.
• You will not be charged for subsequent billing periods.
• No prorated refunds will be issued for unused time in the current billing period.
• Your data and analysis history will be preserved for 30 days after cancellation, after which it may be deleted.

7. Acceptable Use

You agree not to:

• Upload content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Upload content that infringes on the intellectual property rights of others
• Attempt to gain unauthorized access to the Service or its related systems
• Use the Service to compete with or reverse-engineer our technology
• Use automated tools, bots, or scrapers to access the Service
• Share your account credentials with third parties
• Resell or redistribute analysis results as a competing service

We reserve the right to suspend or terminate accounts that violate these terms.

8. Intellectual Property

Your Content: You retain all ownership rights to the content you upload. By uploading content, you grant us a limited, non-exclusive license to process and analyze it for the purpose of delivering the Service.

Our Service: All aspects of the Brainer platform, including its design, code, AI models, analysis algorithms, and branding, are our intellectual property and are protected by applicable copyright and trademark laws.

Analysis Results: The analysis reports generated by the Service are provided for your use in connection with your marketing activities. You may use the insights internally but may not redistribute the raw analysis output as a standalone product or service.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure.

Analysis results, brain scores, win predictions, and all other metrics are generated by AI models and represent statistical predictions based on training data. They are not guarantees of advertising performance. Actual results may vary. You use the analysis outputs at your own discretion and risk.

10. Limitation of Liability

To the maximum extent permitted by law, Brainer and its owners, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or advertising spend, arising out of or related to your use of the Service.

Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Romania.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

13. Contact

For any questions about these Terms of Service, contact us at:
support@marketingbrainer.com