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Early Access Terms of Service

Last updated: 25th September 2024

These Terms of Service (the "Agreement") govern your access to and use of www.brain-waves.io, the Brainwaves Early Access platform (the "Services") provided by Brainwaves AI PTY LTD ("Brainwaves"), a registered company in the state of Victoria, Australia, registered under the Australian Corporations Act 2001 (ABN 49 681 496 828).

1. Acceptance of Terms

By accessing or using the Brainwaves Early Access platform ("Services"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree with any part of these Terms, please do not use our Services.

2. Early Access Participation

2.1 Acknowledgment of Early Access Status

You understand and acknowledge that you are an early user participating in a private "Early Access" version of Brainwaves. The Services are provided "as is" and are in an early release phase, which means they may contain bugs, errors, or other issues. The platform is continuously being improved during the Early Access period.

2.2 Invitation Only and Confidentiality

  • Invitation Only: Access to the Brainwaves Early Access platform is by invitation only, and the Services are not available to the general public.
  • Non-Disclosure: You agree not to disclose, share, or make available any information about the Services to any third party without our prior written consent. This includes refraining from public discussions, press releases, social media posts, or any other form of public communication regarding the Services during the Early Access period.

2.3 Planned Changes Notification

We will notify you of any planned changes to features and functionalities of the Services whenever possible. However, due to the nature of the Early Access program, features and functionalities may change without prior notice.

2.4 Feedback

As an Early Access user, your feedback is invaluable to us. Any feedback, suggestions, or ideas you provide to Brainwaves ("Feedback") may be used by us without any obligation to you. By providing Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate it into our Services.

2.5 Publicity

With your prior written consent, Brainwaves may use your name, company logo, and mutually agreed endorsement statements in our promotional and sales materials.

3. Services Overview

Brainwaves provides AI-powered tools to assist users in generating content. While we strive to offer valuable and accurate outputs, the results are generated by AI and may not always be accurate or appropriate.

4. Definitions

  • "User," "You," or "Your" refers to the individual or entity using the Services.
  • "User Content" means any input, data, or information provided by you while using the Services.
  • "Outputs" refers to any content generated by the Services based on User Content.
  • "Account" refers to the user account created to access the Services.
  • "Early Access Period" refers to the duration in which the Services are in the Early Access phase.

5. User Responsibilities

5.1 Account Information

  • Accuracy: You agree to provide accurate, current, and complete information when creating your Account and to keep this information up to date.
  • Confidentiality: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

5.2 Compliance with Laws

You agree to use the Services in compliance with all applicable laws and regulations.

5.3 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Unlawful Use: Using the Services for any illegal purpose.
  • Fraudulent Activities: Engaging in fraudulent or deceptive practices.
  • Infringing Content: Uploading or transmitting any User Content or Outputs that infringe upon any third-party intellectual property or privacy rights.
  • Harmful Content: Posting harmful, offensive, or illegal content, including content that is defamatory, abusive, or otherwise inappropriate.
  • Interference: Attempting to interfere with or disrupt the Services or servers.
  • Unauthorized Access: Attempting to gain unauthorized access to any part of the Services.
  • Reverse Engineering: Reverse engineering, decompiling, or disassembling any part of the Services.

6. User Data and Ownership

6.1 Ownership of User Content and Outputs

  • Your Rights: You retain full ownership of your User Content and Outputs.
  • No Claim by Brainwaves: Brainwaves does not claim any ownership rights over your User Content or Outputs.

6.2 License to Brainwaves

By using our Services, you grant Brainwaves a limited, non-exclusive, royalty-free license to use, access, and process your User Content and Outputs solely for the purpose of providing and improving the Services during the Early Access period.

6.3 Responsibility for User Content

You are solely responsible for your User Content and Outputs and for ensuring that they do not violate any laws or infringe upon any third-party rights.

6.4 Data Privacy

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal data.

7. Payment and Subscription Terms

7.1 Free Trial Period

At our discretion, you may be granted a free trial, or be able to register on our website for a free trial. Brainwaves will make one or more free Subscription Services available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Subscription Services (s), or (b) the start date of any payable Subscription Services ordered by you, or (c) termination by Company in its sole discretion.

7.2 Post-Trial Subscription

At the end of the trial period:

  • Subscription Requirement: You will need to subscribe to a paid plan to continue using the Services.
  • Subscription Fees: Subscription fees are payable at the start of each month.
  • Written Confirmation: We will seek your written agreement to confirm the end of the trial period and your desire to continue as a paid subscriber.

7.3 Cancellations

  • During Trial: You may discontinue use of the Services at any time during the trial period without any charges.
  • After Subscription — Cancellation Policy: You may cancel your subscription at any time before the end of your current billing period to cancel your subscription. All cancellations will take effect at the end of the current billing period. There will be no pro-rata refunds or credits for partial months of service.
  • How to Cancel: You can cancel your subscription through your account settings or by contacting support at [email protected].

8. Termination

8.1 By Brainwaves

We reserve the right to suspend or terminate your access to the Services immediately if you violate these Terms or for any other reason we deem appropriate.

8.2 By You

You may terminate your participation in the Early Access Program at any time by contacting us at [email protected]. Upon termination, you will lose access to the Services, and any remaining User Content and Outputs may be deleted.

8.3 Effect of Termination

Upon termination:

  • Access: Your right to use the Services ceases immediately.
  • Confidentiality Obligations: Your confidentiality obligations under these Terms will survive termination.
  • Survival: Sections that by their nature should survive termination will remain in effect.

9. General Terms

Nothing in these Terms excludes, restricts, or modifies any consumer rights under Australian law or the relevant consumer protection laws in your jurisdiction.

9.1 Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in Victoria, Australia.

9.2 Eligibility

You must be at least 18 years old to use our Services. By participating in the Early Access Program, you represent and warrant that you meet this age requirement.

9.3 Limitation of Liability

To the maximum extent permitted by law, Brainwaves shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of the Services during the Early Access period, including but not limited to loss of profits, data, or other intangible losses, even if Brainwaves has been advised of the possibility of such damages.

Our total liability to you for any claim arising from these Terms or the Services shall not exceed the total amount paid by you to us in the twelve months preceding the claim or AUD $500, whichever is greater.

9.4 Indemnification

You agree to indemnify, defend, and hold harmless Brainwaves and its affiliates from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services or your violation of these Terms.

9.5 Data Security

We implement reasonable administrative, technical, and physical safeguards to protect your data. However, we cannot guarantee absolute security. You are responsible for safeguarding your account credentials and immediately notifying Brainwaves of any unauthorized use.

9.6 Changes to Services and Terms

We reserve the right to modify or discontinue the Services or any part thereof at any time without liability. We will notify you of any planned changes to features and functionalities whenever possible.

We may update these Terms from time to time. We will notify you of significant changes via email or through a notice on our website. Your continued use of the Services after any modifications constitutes acceptance of the revised Terms.

9.7 Force Majeure

Brainwaves is not liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, civil unrest, or internet service provider failures.

9.8 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

9.9 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

9.10 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

9.11 Marketing Communications

By participating in the Early Access Program, you consent to receive communications from us, such as updates, newsletters, and promotional offers. You may opt out of these communications at any time by following the unsubscribe instructions provided.

9.12 Third-Party Links

Our Services may contain links to third-party websites or services. We are not responsible for the content or practices of these third parties. Accessing third-party links is at your own risk.

9.13 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Brainwaves regarding the Early Access Services and supersede any prior agreements.

9.14 Data Processing Addendum

The parties acknowledge and agree that, to the extent that the provision of the services under these Terms involves the processing of "personal data" as defined by the General Data Protection Regulation 2016/679 ("EU GDPR") or the EU GDPR as it forms part of the law of the United Kingdom ("UK GDPR"), the terms of the Data Processing Addendum (as updated from time to time) shall apply.

10. Contact Information

For any questions regarding these Terms, please contact us at:

Email: [email protected]

BY CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING THAT YOU HAVE READ AND CONSENT TO BE BOUND BY THESE TERMS. IF YOU HAVE NOT READ THESE TERMS, OR YOU DO NOT AGREE TO BE LEGALLY BOUND BY THEM, CLICK "I DON'T AGREE" AND DO NOT USE THE PLATFORM.