Terms & Conditions​

1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your access to and use of the Brainfo platform, including all related applications, websites, software, AI features, APIs, and services (collectively, the “Service”). The Service is provided by Climax Web Solutions, a company organized under the laws of the Province of Ontario, Canada (“Brainfo,” “we,” “our,” or “us”).

By creating an account, accessing, or using any part of the Service, you agree to be legally bound by these Terms and our Privacy Policy.
If you do not agree, you must not use the Service.

These Terms apply globally to all users, including individuals, teams, organizations, and administrators (“Users”). Additional terms may apply for enterprise or beta features; those will be provided where relevant and form part of this agreement.

If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms. “You” or “your” refers to both you individually and the organization you represent.

2. Definitions

For clarity and consistency throughout these Terms, the following definitions apply:

• “Account” means the user profile or workspace registration created to access the Service.
• “AI Features” means any functionality powered by artificial intelligence or large language models (e.g., Document Copilot, AI Chat Assistant, Tag Generation, and related features).
• “Content” means all notes, documents, links, files, tasks, goals, comments, and any other material submitted, stored, generated, or displayed through the Service.
• “Customer” means the individual or entity that owns or controls a workspace or subscription plan.
• “Workspace” means a shared digital environment within Brainfo that may contain multiple users, data, and collaborative content.
• “Subscription Plan” means the tier of paid or free services chosen by a Customer (e.g., Free, Pro, Team).
• “Third-Party Services” means services integrated with or used by Brainfo, such as Cloudflare, Supabase, OpenRouter, Paddle, Resend, and Intercom.
• “User” means any individual who accesses or uses the Service, including workspace owners, administrators, members, and collaborators.
• “We,” “Us,” “Our,” refer to Climax Web Solutions operating under the brand name Brainfo.

3. Eligibility and Account Registration

3.1 Minimum Age and Capacity

To use the Service, you must:

• Be at least 13 years old (or 16 years old if you are located in the European Economic Area or the United Kingdom); and
• Have the legal capacity to enter into binding agreements under applicable law.

By using the Service, you represent and warrant that you meet these requirements. If you are under the applicable minimum age, you may not create or use an account.

3.2 Account Creation

To access the Service’s full functionality, you must register for an Account. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update such information as needed; and
• Not create an Account for anyone other than yourself without authorization.

We reserve the right to suspend or terminate accounts that contain false or misleading information.

3.3 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials;
• Enabling available security features (e.g., multi-factor authentication); and
• All activity occurring under your Account.

If you suspect unauthorized access, you must immediately notify support@brainfo.ai. Brainfo is not liable for any loss or damage resulting from unauthorized access due to your failure to maintain security.

3.4 Organizational Use

If you register on behalf of an organization or workspace:

• The organization is deemed the Customer and primary account holder.
• You represent that you are authorized to accept these Terms on behalf of that Customer.
• The organization controls user roles, access, and data retention for its workspace.

Brainfo may require proof of authorization before granting access or performing account actions on behalf of a Customer.

4. Scope of Services

4.1 Description of Services

Brainfo provides an offline-first, AI-enhanced note-taking and collaboration platform that allows users to create, edit, sync, and manage documents, tasks, goals, and related content across devices (web, mobile, and desktop). The Service includes:

• Cloud synchronization and offline access;
• Real-time collaboration;
• Integrated AI features for content generation and enhancement; and
• Cross-device consistency via secure cloud infrastructure.

4.2 Availability

We strive to keep the Service operational and accessible 24/7, but we do not guarantee uninterrupted availability. Access may be temporarily suspended for maintenance, updates, or force majeure events.
We may also restrict access to specific features or regions to comply with applicable law or technical limitations.

4.3 Service Modifications

We reserve the right to:

• Modify, enhance, or discontinue parts of the Service at any time;
• Introduce new features, restrictions, or usage limits;
• Rebrand or restructure plans and pricing tiers; and
• Suspend or terminate accounts that misuse or abuse the Service.

If a change materially affects your rights, we will provide reasonable notice where legally required.

5. License to Use the Service

5.1 Grant of License

Subject to your compliance with these Terms and payment of applicable fees, Brainfo grants you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service solely for personal or internal business purposes;
• Install and use Brainfo’s mobile or desktop applications on your owned devices; and
• Create, store, and manage content within your Account or workspace.

5.2 Restrictions

You may not:

• Copy, modify, distribute, or create derivative works of the Service;
• Reverse-engineer, decompile, or attempt to extract the source code;
• Circumvent access controls or usage limits;
• Resell, lease, or sublicense the Service to others;
• Use the Service to build or benchmark a competing product;
• Interfere with or disrupt the integrity of any network or system connected to Brainfo.

5.3 Updates and Maintenance

We may automatically update the Service or its software to improve performance, security, or functionality. Such updates are part of the Service and subject to these Terms.

6. User Content and Ownership

6.1 Ownership

You retain ownership of all Content you create, upload, or store within Brainfo (“User Content”).
Brainfo does not claim ownership over your Content.

6.2 License to Brainfo

To operate and improve the Service, you grant Brainfo a limited, worldwide, royalty-free license to:

• Host, cache, encrypt, transmit, and display your Content;
• Maintain backups and version histories; and
• Use your Content solely as necessary to provide the Service and its AI features.

This license is non-exclusive and revocable upon deletion of your Content or Account, except where retention is required for legal, audit, or security purposes.

6.3 Feedback and Suggestions

If you provide ideas, suggestions, or feedback, you grant Brainfo a perpetual, royalty-free, transferable license to use, adapt, or incorporate such feedback into the Service without obligation or attribution.

6.4 Acceptable Content

You may not upload or transmit Content that:

• Violates any applicable law or regulation;
• Infringes on intellectual property or privacy rights of others;
• Contains malicious code or attempts to harm systems; or
• Promotes discrimination, violence, or illegal activity.

We may remove any Content or suspend access if it violates these Terms or applicable laws.

6.5 Data Retention

Deleted content may remain in backups or logs for a limited time but will not be restored except where necessary for legal compliance or recovery.

7. AI-Powered Features

7.1 Overview

Brainfo integrates AI-driven tools (e.g., Document Copilot, AI Chat Assistant, Automatic Tag Generation) that operate through third-party providers such as OpenRouter and Cloudflare AI Gateway. These features are optional.

7.2 How AI Processing Works

When you use AI features:

• Only the specific text or data you select is transmitted for processing.
• Requests are securely routed through Cloudflare to OpenRouter and its underlying model providers.
• Data is processed solely to generate the requested output and not for model training.
• Providers may temporarily cache or log requests for abuse prevention and performance monitoring.

7.3 User Responsibility

AI-generated content is automatically produced and may contain inaccuracies or bias.
You are solely responsible for reviewing, verifying, and deciding whether to use any AI-generated output.
Do not input confidential, personal, or sensitive information into AI prompts.

7.4 Disclaimers

AI outputs are provided “as is.” Brainfo makes no warranties regarding the accuracy, completeness, originality, or legal fitness of AI-generated content.
You acknowledge that:

• AI models may produce unpredictable or similar results for other users.
• Brainfo does not guarantee ownership, exclusivity, or IP protection over AI outputs.
• Brainfo and its providers are not liable for damages arising from use of AI-generated material.

7.5 Usage Controls

AI access and usage are subject to plan limits (Free, Pro, Team). Workspace owners and administrators may enable or disable AI features at any time.

8. Third-Party Integrations and Services

8.1 Use of Third-Party Providers

Brainfo uses trusted third-party providers to deliver essential platform functionality, including hosting, storage, AI processing, email delivery, analytics, and payment handling. These include, but are not limited to:

• Cloudflare (network, DDoS protection, AI routing)
• Supabase (authentication, storage, database)
• OpenRouter (AI model interface)
• Paddle (billing and payment processing)
• Resend (transactional email)
• Intercom (support communications)

8.2 Third-Party Terms

Your use of such integrations may be subject to additional terms from those providers. Brainfo is not responsible for third-party service performance, accuracy, or security. By using Brainfo, you authorize limited data transfer to these providers strictly for service delivery.

8.3 Disclaimers

Brainfo does not control third-party providers and disclaims all liability arising from their downtime, errors, or data handling beyond our control. Any disputes between you and a third-party service are solely between those parties.

9. Workspaces and Team Accounts

9.1 Workspace Structure

Brainfo supports shared “Workspaces” where multiple users collaborate. Each workspace has one Owner who controls member invitations, roles, and billing. Other roles include Admins and Members, each with limited permissions as defined within the Service.

9.2 Workspace Ownership

The Owner (or Customer) is considered the data controller for content within that workspace.
If you are added to a workspace owned by another person or organization, that Owner controls your access and may remove or restrict it at any time.

9.3 Brainfo’s Role

Brainfo acts as a data processor on behalf of the workspace Owner and processes workspace data only to deliver the Service.
If the Owner deletes the workspace or terminates its subscription, your access and associated content may be permanently removed.

9.4 Transfer of Ownership

Ownership may be transferred upon verified request by the existing Owner. Brainfo may require supporting documentation to process the transfer.

10. Acceptable Use Policy

10.1 Prohibited Activities

You may not use the Service to:

• Violate any law or regulation;
• Upload, distribute, or link to harmful, obscene, or defamatory content;
• Harass or threaten others;
• Misrepresent identity or affiliation;
• Perform penetration testing or security scanning without written consent;
• Circumvent technical limits, quota restrictions, or authentication mechanisms;
• Use AI features to create or distribute deceptive, discriminatory, or harmful material;
• Reverse-engineer or copy the Service for competitive purposes;
• Spam, scrape, or mine user data;
• Interfere with or overload the platform infrastructure.

10.2 Enforcement

We may suspend or terminate your account immediately if we determine, at our sole discretion, that your behavior violates these Terms or applicable law.
We may remove unlawful or infringing content without prior notice.

10.3 Reporting Abuse

You may report misuse, violations, or illegal content by emailing abuse@brainfo.ai.

11. Payment, Fees, and Taxes

11.1 Subscription Plans

Access to premium features requires payment under a Subscription Plan. Plan details, limits, and pricing are available at www.brainfo.ai/pricing.

11.2 Billing and Processor

Payments are handled by Paddle, a PCI-DSS Level 1 compliant payment processor.
By purchasing a plan, you agree to Paddle’s own Terms of Use and Privacy Policy.

11.3 Payment Terms

• All fees are billed in advance and are non-refundable except where expressly stated.
• Accounts do not auto-renew; renewal requires manual payment.
• If a payment fails or chargeback occurs, Brainfo may suspend your access until resolved.

11.4 Taxes

All prices exclude applicable taxes, duties, or levies, which will be charged where required by law.
You are responsible for all tax obligations associated with your subscription.

11.5 Price Changes

We may change pricing with reasonable notice by email or in-app alert. New prices apply upon renewal or new subscription purchase.

12. Refund and Cancellation Policy

12.1 Refund Eligibility

• Yearly Plans: Full refund within 30 days of purchase.
• Monthly Plans: Full refund within 7 days of purchase.
• Refunds must be requested via the in-app support channel.

12.2 Effect of Refund

Once processed, your account automatically reverts to the Free Plan, and premium features will be disabled.

12.3 Cancellation

You may cancel at any time in your account settings. Access continues until the end of the paid period.
Brainfo may also cancel or suspend access for misuse or breach without refund.

12.4 No Refund for:

• Partial billing cycles;
• Downtime or feature changes;
• Violations of these Terms.

13. Free, Trial, and Beta Features

13.1 Free Plan

The Free Plan offers limited functionality and is provided “as-is.” Brainfo may impose feature or storage limits and modify them at any time without notice.

13.2 Trials

Trial access may be offered for evaluation. Brainfo reserves the right to terminate or modify trial conditions at any time.
At trial end, continued use requires subscription to a paid plan.

13.3 Beta Features

Certain experimental or unreleased features (“Beta Features”) may be made available to select users.
Beta Features:

• Are provided for testing purposes only;
• May be unstable or incomplete;
• May change or be withdrawn without notice;
• Are used at your own risk.

You acknowledge and agree that Beta Features are excluded from service-level commitments, warranties, and liability caps.

14. Service Modifications and Availability

14.1 Modifications

We may add, modify, or remove features, components, or integrations to maintain or improve the Service.
Material changes will be communicated in advance when legally required.

14.2 Availability and Downtime

Brainfo strives for high uptime but does not guarantee continuous availability.
Maintenance, upgrades, security events, or outages may temporarily affect accessibility.

14.3 Suspension for Technical or Security Reasons

We may suspend or restrict access immediately if necessary to:

• Address security vulnerabilities;
• Comply with legal requirements; or
• Prevent operational risks or abuse.

14.4 No Compensation

Service interruptions, performance degradation, or feature discontinuation do not entitle users to compensation or refunds beyond those expressly provided in Section 12.

14.5 Notice of Discontinuation

If Brainfo permanently discontinues the Service, we will provide reasonable notice and offer a method to export your data before closure.

15. Privacy and Data Protection

15.1 Privacy Commitment

Brainfo respects your privacy and complies with major data protection laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada, the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other applicable frameworks.

Climax Web Solutions has appointed a Privacy Officer responsible for compliance with this Privacy Policy and Canadian privacy law. You may contact the Privacy Officer at info@brainfo.ai

15.2 Privacy Policy

Our data collection, use, retention, and disclosure practices are described in our Privacy Policy, which forms part of these Terms. By using the Service, you agree to the Privacy Policy.

15.3 Data Transfers

Your data may be processed and stored in Canada or other jurisdictions where our partners operate. When data is transferred internationally, we use appropriate legal mechanisms such as Standard Contractual Clauses or equivalent safeguards to protect it.

15.4 Data Security

We employ strong technical and organizational measures, including:

• TLS encryption in transit and AES encryption at rest;
• Role-based access control;
• DDoS protection via Cloudflare; and
• Continuous security monitoring and backups.

15.5 Data Access and Control

You can access, modify, export, or delete your data within your Account settings. Workspace Owners control access for their members.
If you request deletion, we will permanently erase your personal data unless retention is required by law or to protect legitimate business interests.

16. Intellectual Property

16.1 Brainfo IP

All intellectual property rights in and to the Service, including source code, design, trademarks, logos, documentation, and infrastructure, are and will remain the exclusive property of Climax Web Solutions and its licensors.

16.2 No Transfer of Rights

Use of the Service does not grant you ownership of any Brainfo intellectual property. All rights not expressly granted are reserved.

16.3 User Content Ownership

As stated in Section 6, you retain ownership of your uploaded or generated content.
You grant Brainfo a limited license solely for operational purposes to host, sync, process, and transmit such content.

16.4 Feedback and Improvements

Any feedback, ideas, or feature suggestions you provide may be used freely by Brainfo without restriction, compensation, or attribution.
Such submissions become part of Brainfo’s IP once implemented.

16.5 Trademarks

“Brainfo” and all related marks and logos are trademarks of Climax Web Solutions. You may not use them without prior written consent.

17. Confidentiality

17.1 Definition

“Confidential Information” means all non-public information disclosed by either party that is identified as confidential or that should reasonably be understood to be confidential, including business, technical, and product information.

17.2 Obligations

Each party agrees to:

• Keep Confidential Information strictly confidential;
• Use it only for purposes consistent with these Terms; and
• Not disclose it to third parties without prior written consent.

17.3 Exceptions

This obligation does not apply to information that:

• Is publicly available without breach;
• Was already lawfully known to the receiving party;
• Is independently developed without reference to the disclosed information; or
• Is required to be disclosed by law or court order (with notice, where permitted).

17.4 Survival

Confidentiality obligations survive termination of this Agreement.

18. Warranties and Disclaimers

18.1 Service Provided “As Is”

The Service and all features (including AI features) are provided “as is” and “as available.”
Brainfo disclaims all warranties, express or implied, including:

• Merchantability,
• Fitness for a particular purpose,
• Non-infringement, and
• Accuracy or reliability of outputs.

18.2 No Guarantee of Results

AI-generated content and collaboration tools are experimental.
Brainfo does not guarantee that outputs, recommendations, or analytics are correct, useful, or suitable for any specific purpose.

18.3 No Warranties on Third-Party Services

Brainfo makes no representations about integrations, models, or APIs from external providers.
You assume full responsibility for using third-party products or services in connection with Brainfo.

18.4 Your Responsibility

You are solely responsible for reviewing and validating any output or content before using or publishing it.

19. Limitation of Liability

19.1 Maximum Liability

To the fullest extent permitted by law, Brainfo’s aggregate liability for all claims arising under these Terms, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to Brainfo in the twelve (12) months preceding the event giving rise to the claim.

19.2 Exclusion of Damages

Under no circumstances shall Brainfo, its affiliates, officers, employees, or partners be liable for:

• Indirect, incidental, or consequential damages;
• Loss of profits, data, goodwill, or reputation; or
• Business interruption, corruption, or loss of information.

19.3 Risk Allocation

You acknowledge that these limitations reflect a fair allocation of risk between the parties and form an essential basis of the bargain.

20. Indemnification

You agree to defend, indemnify, and hold harmless Climax Web Solutions, its officers, directors, employees, affiliates, and agents from and against all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

1. Your violation of these Terms or applicable law;
2. Your Content or its use, including infringement, defamation, or privacy violations;
3. Use of AI-generated outputs or third-party integrations; or
4. Misuse or unauthorized use of the Service.

Brainfo reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

21. Termination and Suspension

21.1 Termination by User

You may terminate your account at any time by following in-app deletion procedures or contacting support@brainfo.ai.
Upon termination, your license to use the Service ceases immediately.

21.2 Termination by Brainfo

We may suspend or terminate your access, with or without notice, if:

• You breach these Terms;
• You fail to pay required fees;
• Your use poses a security, operational, or legal risk; or
• Required by law or government request.

21.3 Effect of Termination

Upon termination:

• Access to paid features ends;
• We may delete your content within a reasonable time, except where retention is legally required; and
• Certain obligations (e.g., confidentiality, indemnification, limitation of liability) survive termination.

21.4 Data Export

Before account closure, you may export your data through built-in tools. Brainfo is not obligated to recover deleted data after closure.

22. Compliance, Export Controls, and Sanctions

22.1 Legal Compliance

You agree to comply with all applicable local, national, and international laws when using the Service, including export control and sanctions regulations administered by:

• The Government of Canada,
• The U.S. Department of Commerce (BIS),
• The U.S. Office of Foreign Assets Control (OFAC), and
• The European Union’s sanctions framework.

22.2 Export Restrictions

You may not use, export, or re-export the Service (including AI features, software, or data) into any jurisdiction prohibited under applicable laws, or to any individual or entity listed on restricted or denied parties lists.

22.3 Location of Use

If you access the Service from outside Canada, you are responsible for compliance with your own country’s laws regarding online services, encryption, and data usage.

23. Beta Programs, Developer APIs, and Integrations

23.1 Beta or Experimental Programs

Participation in beta programs is voluntary and subject to additional terms or NDAs. Brainfo may modify, suspend, or end beta access at any time without notice.

23.2 Developer APIs

If Brainfo provides APIs or SDKs for integration, you must:

• Use them only as documented and authorized;
• Not misuse them for data scraping or competitive analysis;
• Comply with applicable rate limits and authentication methods.

We reserve the right to revoke or limit API access for abuse, excessive usage, or security concerns.

23.3 Third-Party Integrations

Integrations provided by third parties are used at your own risk. Brainfo is not responsible for third-party behavior, availability, or security.

24. Publicity and Brand Use

24.1 Limited Reference

Brainfo may use your organization’s name and logo solely to identify you as a customer or user on marketing materials, unless you opt out by written request.

24.2 Restrictions

You may not publicly claim partnership, sponsorship, or endorsement from Brainfo without our prior written approval.

25. Notices and Communications

25.1 Method of Notice

We may provide legal or operational notices via:

• Email to the address associated with your account;
• In-app notifications; or
• Posting on www.brainfo.ai.

All such notices are deemed received upon transmission.

25.2 Contact Information

You may contact us at:
Climax Web Solutions (Brainfo)
Ontario, Canada
Email: legal@brainfo.ai

25.3 Language

All communications, legal notices, and documents shall be in English. Any translations are provided for convenience only and have no legal effect.

26. Dispute Resolution and Governing Law

26.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict-of-law principles.

26.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms shall be finally resolved by binding arbitration administered in accordance with the Arbitration Act (Ontario).

• Seat of Arbitration: Toronto, Ontario
• Language: English
• Number of Arbitrators: One (1)
• Decision: Final and binding

26.3 Exceptions

Either party may seek injunctive or equitable relief in court to protect intellectual property, trade secrets, or confidential information.

26.4 Waiver of Class Actions

You and Brainfo agree that disputes will be resolved only on an individual basis and not as a class, consolidated, or representative action.

27. General Provisions

27.1 Assignment

You may not assign or transfer these Terms or any rights hereunder without Brainfo’s prior written consent.
We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

27.2 Entire Agreement

These Terms, together with the Privacy Policy and any supplemental agreements, constitute the entire agreement between you and Brainfo and supersede all prior or contemporaneous communications.

27.3 Severability

If any provision is held invalid or unenforceable, it shall be limited to the minimum extent necessary, and the remaining provisions shall remain in full force.

27.4 Waiver

No waiver of any term shall be deemed a further or continuing waiver unless made in writing.
Failure to enforce any provision shall not constitute a waiver of rights.

27.5 Force Majeure

Neither party shall be liable for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet failures.

27.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Brainfo.

28. Contact and Effective Date

If you have any questions or concerns about these Terms, please contact us at:
legal@brainfo.ai
www.brainfo.ai

Effective Date: January 28, 2026
Last Updated: January 28, 2026