BrainPost Terms and Conditions

These Terms and Conditions ("Terms") are a binding agreement between you and Brainpost, LLC, a Delaware limited liability company ("BrainPost", "we", "us" or "our"). They govern your use of the BrainPost website at https://brainpostio.com, the BrainPost web app at https://app.brainpostio.com and all related services (together, the "Service").

Please read them carefully. Section 20 contains a binding arbitration agreement and class-action waiver that affect how disputes are resolved. If you live in the EU, the UK or another region with mandatory consumer protections, Section 20.6 explains that you keep the rights your local law gives you.

1. Accepting these Terms

1.1 You accept these Terms when you create an account, tick the box at sign-up, or use the Service. If you do not agree, do not use the Service.

1.2 If you use the Service on behalf of a company, agency or other organisation, you confirm that you have authority to bind it to these Terms. In that case, "you" includes that organisation.

1.3 These Terms work together with our Privacy Policy and Cookie Policy. Our Legal page lists our company details.

2. Who can use BrainPost

2.1 You must be at least 18 years old. BrainPost is built for business and professional use. It is not intended for children, and we do not knowingly allow anyone under 18 to create an account.

2.2 You may not use the Service if you are barred from doing so under applicable law, including trade sanctions and export control laws, or if we have previously suspended or terminated your account.

3. Your account

3.1 Sign-up. You can create an account with your name, email address and a password, or through Google Sign-In. We use Cloudflare Turnstile to check that sign-ups come from real people.

3.2 Accurate information. You agree to give accurate, current information and to keep it up to date.

3.3 Security. You are responsible for keeping your login details confidential and for all activity under your account. Tell us promptly at support@brainpostio.com if you suspect unauthorised access.

3.4 Marketing emails. Product updates and tips are optional. They are off unless you opt in, and you can turn them off at any time in Settings or through the unsubscribe link. We will still send service messages, such as security alerts, invitations, approval requests and receipts.

3.5 Deleting your account. You can delete your account in Settings. Deletion is scheduled, not immediate:

• you have 30 days to contact support and restore the account;
• after 30 days, the account is permanently deleted;
• deleting your account also deactivates every workspace you own, together with its members' access.

If you own a workspace that others rely on, transfer ownership or export what you need before deleting. Unused credits are lost when an account is permanently deleted, except where the law requires otherwise.

4. The Service

4.1 BrainPost is a browser-based, AI-powered social media workspace. It lets you plan content on a calendar, create captions, images and videos with AI, publish to connected social accounts, run team reviews and approvals, store media, and track performance with AI-generated insights.

4.2 Changes. We are actively building BrainPost. We may add, change or remove features at any time. If a change materially reduces a paid feature you have already bought credits for, we will give reasonable notice where practical.

4.3 Beta and "coming soon" features. Some features are marked beta, preview or "coming soon" (for example, Threads and Pinterest publishing, and paid subscription plans). These may change, be delayed or never launch. Beta features are provided as they are, may be less reliable, and may be withdrawn without notice.

5. Workspaces and teams

5.1 A workspace holds a brand's posts, channels, media library, settings and credits. You can own or belong to several workspaces.

5.2 Roles. Workspaces have three roles: Owner, Admin and Staff. The Owner can invite teammates by email, resend or revoke invitations, and deactivate members.

5.3 Owner responsibility. The workspace Owner is responsible for:

• everyone they invite and everything done in the workspace;
• deciding who has access and removing access when it is no longer needed;
• making sure members follow these Terms.

5.4 Activity log. Each workspace keeps an activity log of actions such as approvals, comments, uploads, invitations, credit purchases and channel events. Each entry shows the member's name and IP address and is kept for 12 months. Members of a workspace can see it according to their role. See our Privacy Policy.

5.5 Agencies and freelancers. If you manage social accounts or content for your own clients, you confirm that:

• you have your client's permission to connect their accounts and publish on their behalf;
• you have given your clients any notices and obtained any consents the law requires for the personal data you put into BrainPost;
• you, not BrainPost, are responsible for your relationship and agreements with your clients.

5.6 Sharing media. You can share files or folders with other BrainPost workspaces (view or edit access) or turn on a public link for a file. Anyone with a public link can view the file. Only share what you are comfortable making available, and turn links off when no longer needed.

6. Connected social accounts

6.1 You can connect Instagram, Facebook, LinkedIn, TikTok, X (Twitter) and YouTube accounts, and other platforms as we add them. You connect each account through that platform's own authorisation screen. You authorise BrainPost to store the resulting access tokens and to use them to:

• publish and schedule posts you create or approve;
• read account, post and audience performance data to show you analytics and insights.

6.2 Platform terms. Your use of each social platform remains subject to that platform's own terms and policies, including YouTube's Terms of Service and the Google Privacy Policy where you connect YouTube. You must follow those rules. Platforms may suspend your account on their side for content you publish, and BrainPost is not responsible for their decisions.

6.3 What we cannot control. Social platforms can change their APIs, limit access, have outages, or expire tokens. Because of this, BrainPost does not guarantee that any post will publish at a particular time, or at all, or that analytics will be complete. We are not responsible for failed or delayed posts, missing data or lost opportunities caused by platform changes, outages, expired or revoked tokens, or your account settings. Where a post fails because of an error on our side, contact support and we will review whether the credits spent should be restored.

6.4 Disconnecting. You can disconnect a channel at any time in the app. You can also revoke BrainPost's access from within the platform's own security settings (for Google, at https://myaccount.google.com/permissions).

7. AI features

7.1 BrainPost uses third-party AI models to generate text, images and video, analyse channel performance and power the in-app assistant. To do this, we send relevant inputs, such as your prompts, brand and workspace details, post content, uploaded media and analytics data, to our AI providers. The Privacy Policy explains this further.

7.2 Review before publishing. AI output can be wrong, incomplete, offensive, or similar to existing content owned by others. You are responsible for reviewing, editing and approving any AI output before you publish or otherwise use it. Do not rely on AI output as legal, financial, medical or other professional advice.

7.3 Ownership of AI output. As between you and BrainPost, and as far as the law allows, you own your inputs and the output generated for you. We make no promise that output is protectable by copyright or that it does not infringe anyone else's rights, because that depends on the output and local law. Similar output may be generated for other users.

7.4 AI assistant. The assistant can see whatever you can see in the app, but it does not access billing or settings. Each user can turn it off. The assistant can make mistakes, so check its answers.

7.5 AI restrictions. You must not use AI features to create content that breaks Section 11, to impersonate real people without their consent, to create misleading deepfakes, or to hide the fact that content is AI-generated where a platform or law requires you to label it.

8. Credits and payments

8.1 How BrainPost is priced. BrainPost currently has no subscription. Instead, certain actions use credits. We may introduce paid subscription plans in future; if we do, we will tell you before any subscription charges apply, and you will only be charged if you choose a plan.

8.2 What uses credits. Credits are used for actions such as publishing or scheduling a post, generating AI captions, images and video, running analyses, CSV import and export, and downloads. Saving drafts, editing and commenting are free. The number of credits each action uses is shown in the app and may change from time to time. A change applies only to actions taken after it takes effect.

8.3 Free credits.

• All credits belong to a workspace, not to an individual user.
• When you sign up, your workspace receives 100 free trial credits.
• Each workspace also receives 20 free credits each month. Unused monthly free credits do not roll over; they reset at the start of each monthly cycle.
• Free credits have no cash value, and we may change or end free credit allowances at any time on notice.

8.4 Purchased credits. You can buy credit packs or a custom amount as one-time purchases.

• Purchased credits expire 12 months after the workspace's most recent credit purchase. Each new purchase resets the expiry date of the workspace's entire purchased-credit balance to 12 months from that purchase.
• Credits belong to the workspace they were bought for and can be used by that workspace's members.
• Credits are not money, have no cash value, are not a bank deposit or stored-value product, and cannot be sold, transferred to another workspace or exchanged for cash.
• Free credits are used before purchased credits.

8.5 Payment. Payments are processed by Stripe in US dollars. We do not store your full card details. Your bank may charge currency conversion or foreign transaction fees. By purchasing, you authorise us and Stripe to charge your chosen payment method for the amount shown at checkout.

8.6 Taxes. Prices may exclude taxes. Where applicable, sales tax, VAT or GST is calculated and collected at checkout through Stripe and shown on your invoice.

8.7 Invoices. We issue an invoice for every purchase and send it to your billing email.

9. Refunds

9.1 Credit purchases are final. Except as set out in this Section or where the law requires otherwise, credit purchases are non-refundable and cannot be converted back to cash.

9.2 Consumer withdrawal rights (EU, UK and similar). If you are a consumer in the EU or UK, you normally have a 14-day right to cancel online purchases. Credits are digital content supplied immediately. At checkout, we ask you to agree that supply begins straight away and to acknowledge that you lose the right to cancel once supply begins. If you are a business customer, this Section 9.2 does not apply.

9.3 Our errors and legal rights. Nothing in these Terms limits any right to a refund or remedy that you cannot waive under your local consumer law, including the Federal Competition and Consumer Protection Act 2018 in Nigeria. If you were charged in error, or a credit-using action failed because of a fault on our side, contact us and we will correct it, usually by restoring credits.

9.4 Chargebacks. If you think a charge is wrong, please contact us first. We may suspend an account while a chargeback or payment dispute is open.

10. Refer & Earn programme

10.1 How it works. Each eligible user receives a referral link and code. When a new business signs up through your link and makes its first credit purchase, you earn a one-time cash commission of 20% of that first purchase, calculated after taxes and payment fees are deducted. You earn one commission per referred business.

10.2 Eligibility. You must have an account in good standing and be able to receive payment via PayPal or bank transfer in your country. We may refuse or remove participation where local law restricts the programme or where we cannot lawfully pay you.

10.3 Tracking. The referral link uses a cookie to remember the visitor until they sign up. If the visitor clears cookies, uses a different browser or device, or signs up without the link, the referral may not be tracked. We are not responsible for referrals that are not tracked. See our Cookie Policy.

10.4 Pending and available commissions.

• Commissions stay pending for 30 days after the qualifying purchase, then become available.
• If the referred purchase is refunded, charged back or reversed, the commission is cancelled. If it has already been paid, we may deduct it from future commissions.

10.5 Payouts.

• The minimum withdrawal is US$60.
• Payouts are made via PayPal or bank transfer and are processed manually by our team, usually within 5 business days of your request.
• Transfer, currency conversion or other fees may apply depending on your location and payment method. These are deducted from your payout.
• You must give accurate payout details. We are not responsible for payments sent to details you gave us that turn out to be wrong.

10.6 Fraud and abuse. The following are not allowed and void any related commission:

• self-referrals, including referring yourself, your team, or new accounts or workspaces you or your team create;
• fake, duplicate or automated sign-ups;
• spam, misleading claims about BrainPost, or presenting yourself as BrainPost;
• bidding on BrainPost brand terms in paid search ads;
• any other attempt to manipulate the programme.

We may investigate suspected abuse, withhold or cancel commissions, and remove you from the programme or suspend your account.

10.7 Privacy of referred users. You will only see referred users in masked form (for example, "Ra*** P."), with their join date, status and first-purchase amount.

10.8 Taxes. You are responsible for reporting and paying any taxes on commissions you receive. We may ask for tax information before paying you where the law requires it.

10.9 Changes. We may change, pause or end the programme at any time. Commissions already earned and available before a change will still be paid, unless they involve fraud or abuse.

11. Acceptable use

11.1 You must not use the Service, including its AI features, to create, upload, store or publish content that:

• is illegal, or promotes illegal activity;
• infringes anyone's copyright, trademark, privacy, publicity or other rights;
• is hateful, harassing, threatening, or incites violence or discrimination;
• is deceptive or fraudulent, including scams, fake reviews, impersonation, or misleading claims about products, health or finance;
• is sexually explicit, or sexualises anyone under 18 in any way;
• contains malware or harmful code;
• breaks the rules of the social platform it is published to.

11.2 You must not:

• send spam or run inauthentic or coordinated manipulation campaigns;
• scrape, crawl or harvest data from the Service, or access it by automated means other than features we provide;
• reverse engineer, decompile or copy the Service, except where the law expressly allows it;
• probe, overload or bypass security features, rate limits, bot checks or credit controls;
• resell or sublicense the Service without our written permission;
• use the Service to build a competing product, or use AI output to train a competing AI model;
• abuse credits, free allowances or the referral programme, including by creating multiple accounts.

11.3 We may remove content, block publishing, or restrict features where we reasonably believe these rules have been broken. We are not obliged to monitor content, but we may review it where needed to enforce these Terms, respond to reports, or comply with law.

12. Your content

12.1 You own your content. "Your Content" means anything you or your team put into the Service, including posts, captions, comments, media, files, brand details, prompts, AI output and CSV imports. You keep all ownership rights in it.

12.2 Licence to us. You give BrainPost a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, adapt (for example, resize or reformat), transmit, display and publish Your Content only as needed to provide, secure and improve the Service for you. This includes sending it to our AI providers and to the social platforms you connect and choose to publish to. This licence ends when Your Content is deleted from our systems, except for copies in backups, which are purged on our normal schedule, and content you have already published to third-party platforms.

12.3 Your promises. You confirm that you own or have all rights, licences and permissions needed for Your Content, including consent from anyone who appears in it, and that our use of it under these Terms will not break the law or anyone's rights.

12.4 Backups are your responsibility. Keep your own copies of important content. You can export content by CSV and download files, subject to credit costs.

13. Our intellectual property

13.1 BrainPost, its software, design, logos and brand features belong to us or our licensors. Apart from the limited right to use the Service under these Terms, you receive no rights in them.

13.2 Feedback. If you send us suggestions or feedback, we may use them freely without obligation to you.

14. Third-party services

The Service connects to services we do not control, including social platforms, Google, Stripe, PayPal, Cloudflare and AI providers. Their terms and privacy policies apply to your use of them. We are not responsible for third-party services, their availability, or their content.

15. Suspension and termination

15.1 By you. You can stop using the Service and delete your account at any time (see Section 3.5).

15.2 By us. We may suspend or terminate your account, a workspace or access to any feature, with or without notice, if:

• you break these Terms or a platform's rules;
• we are required to by law or by a platform or payment provider;
• your use creates risk or harm to BrainPost, other users or third parties;
• your account has been inactive for 12 months, after notice to you.

Where reasonable, we will tell you why and give you a chance to fix the problem first. We may also stop offering the Service entirely, with at least 30 days' notice where practical.

15.3 Effect. When your account ends, your right to use the Service stops. Unused credits are forfeited if we terminate for your breach. If we end the Service entirely for reasons unrelated to your breach, we will give you time to export Your Content. Sections that by their nature should survive (including 7.3, 9, 10.4, 10.8, 12.3, 13 and 16 to 21) continue after termination.

16. Disclaimers

16.1 The Service is provided "as is" and "as available". As far as the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.

16.2 We do not promise that the Service will be uninterrupted, error-free or secure, that posts will publish, that analytics will be accurate, or that AI output or recommendations will be accurate or produce any particular growth or result.

16.3 Some jurisdictions do not allow certain warranties to be excluded. In those places, the exclusions above apply only as far as the law permits.

17. Limitation of liability

17.1 As far as the law allows, BrainPost and its members, managers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, followers, data, goodwill or business opportunities, arising from or related to the Service or these Terms.

17.2 As far as the law allows, our total liability for all claims relating to the Service or these Terms is limited to the greater of: (a) the amount you paid us in the 12 months before the event giving rise to the claim; or (b) US$100.

17.3 Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence.

18. Indemnity

If you use the Service for business purposes, you will defend, indemnify and hold harmless BrainPost and its members, managers and employees from any third-party claims, losses, damages and costs (including reasonable legal fees) arising from Your Content, your use of the Service, your breach of these Terms or of a platform's rules, or your dealings with your clients. We will tell you promptly about any such claim and cooperate reasonably. This Section does not apply to consumers where local law does not permit it.

19. Changes to these Terms

We may update these Terms from time to time. We will change the "Last updated" date and, for material changes, tell you by email or in the app at least 30 days before they take effect, unless the change is required by law or relates to a new feature. If you keep using the Service after changes take effect, you accept them. If you do not agree, stop using the Service and delete your account.

20. Governing law and disputes

20.1 Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, and by the US Federal Arbitration Act for Section 20.

20.2 Talk to us first. Before starting any formal claim, email privacy@brainpostio.com with a description of the dispute. Both of us will try in good faith to resolve it within 60 days.

20.3 Binding individual arbitration. If we cannot resolve it, any dispute arising from or relating to these Terms or the Service will be resolved by binding individual arbitration. The arbitration will be seated in Delaware and held by video or online unless both parties agree otherwise. The arbitrator's decision is final and may be entered in any court with jurisdiction.

20.4 Exceptions. Either party may: (a) bring an individual claim in small-claims court if it qualifies; and (b) seek an injunction or other equitable relief in court to stop actual or threatened misuse of intellectual property.

20.5 Class-action waiver. You and BrainPost may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not consolidate claims or award class-wide relief. If this waiver is found unenforceable for a claim, that claim will be heard in the state or federal courts in Delaware, not in arbitration.

20.6 Consumers in the EU, UK and similar regions. If you are a consumer living in the EU, the UK, or another country whose law gives you mandatory consumer protections (including Nigeria), Sections 20.1 and 20.3 to 20.5 do not remove those protections. You may bring proceedings in the courts of your home country, and you keep the protection of the mandatory laws of that country.

21. General

• Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy and any Data Processing Addendum you sign with us, are the whole agreement between you and BrainPost about the Service.
• Severability. If any part is found unenforceable, the rest stays in effect.
• No waiver. If we do not enforce a right, we have not given it up.
• Assignment. You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets, with notice to you.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including platform outages and API changes.
• Notices. We may send notices to your account email or show them in the app. Send notices to us at privacy@brainpostio.com.
• Language. These Terms are written in English. If we provide a translation, the English version prevails, unless local law requires otherwise.

22. Contact us

Brainpost, LLC, a Delaware limited liability company

• Legal and privacy: privacy@brainpostio.com
• Support: support@brainpostio.com
• Website: https://brainpostio.com