Terms of Service
Please read these terms carefully before using our services.
Effective Date: October 29, 2025
1. Agreement to Terms
By accessing or using Brainsmithy's services, website, or products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. We reserve the right to update these Terms at any time, and your continued use of our Services constitutes acceptance of any changes.
2. Services Description
Brainsmithy provides software development, AI integration, web and mobile application development, and related consulting services.
3. User Accounts
To access certain features of our Services, you may need to create an account. You agree to:
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.
4. Acceptable Use
You agree not to use our Services to:
5. Intellectual Property
5.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, and software, are owned by Brainsmithy or our licensors and are protected by intellectual property laws.
5.2 Your Content
You retain ownership of any content you provide to us. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content as necessary to provide our Services.
5.3 Work Product
Unless otherwise agreed in writing, all work product created by us for you shall become your property upon full payment. We retain the right to use general knowledge, skills, and experience gained during the engagement.
6. Payment Terms
Currency
All fees are quoted in USD unless otherwise specified
Due Dates
Payment is due according to agreed terms in service agreements
Late Payments
Late payments may incur interest charges
Service Suspension
We reserve the right to suspend services for non-payment
Refunds
Refunds are handled on a case-by-case basis
Payment Processing
All payments processed securely through Stripe
7. Warranties and Disclaimers
Our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Uninterrupted or error-free service
We do not warrant that our Services will meet all your requirements or that defects will be corrected. You assume full responsibility for your use of our Services.
8. Limitation of Liability
To the maximum extent permitted by law, Brainsmithy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits or revenue
- Loss of data or information
- Loss of business opportunity
- Loss of goodwill or reputation
Our total liability shall not exceed the amount paid by you to us in the twelve months preceding the claim.
9. Governing Law and Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.
Dispute Resolution
Any disputes arising from these Terms shall first be addressed through good faith negotiations. If resolution cannot be reached, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
10. Contact Information
For questions about these Terms of Service, please contact us:
Brainsmithy
AI Automation & Development
legal@brainsmithy.ai
brainsmithy.ai
These Terms constitute the entire agreement between you and Brainsmithy regarding the use of our Services.
Last updated: October 29, 2025