These Terms and Conditions (“Terms”) are entered into between you (“User”, “you”, or “your”) and 1Brain™ (“we”, “us”, “our”), and govern your access to and use of the 1Brain platform, applications, website, and associated services (collectively, the “Service”).
By accessing or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
1. Use of the Service
1.1 Eligibility: You must be at least 18 years old and have legal capacity to enter into a binding agreement. By using the Service, you represent and warrant that you meet these requirements.
1.2 Account Registration: To use the Service, you may need to create an account. You agree to provide accurate and complete information and to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
1.3 License to Use: We grant you a limited, non-exclusive, non-transferable license to access and use the Service solely for lawful business purposes and following these Terms.
2. Subscription, Payments, and Cancellations
2.1 Subscription Terms: Access to certain features of the Service requires a paid subscription. Subscription details, including fees and billing cycles, are available on our pricing page.
2.2 Payment Authorization: By subscribing, you authorize us to charge your payment method on a recurring basis. You are responsible for any applicable taxes.
2.3 Failed Payments: If a payment fails, we will notify you and provide a 10-day grace period. Failure to resolve the issue may result in account suspension and eventual deletion.
2.4 Cancellation and Refunds: You may cancel your subscription at any time through your account settings. Your access remains active until the end of your billing cycle. Refunds are not offered for unused periods unless required by law.
2.5 Trial Periods: We may offer trial access to premium features. If not cancelled before the trial ends, your subscription will convert to a paid plan.
3. User Content and Intellectual Property
3.1 User Content Ownership: You retain full ownership of any content you upload to the Service (“User Content”).
3.2 License to Us: You grant us a limited, non-exclusive license to use, store, display, and process your User Content as necessary to provide the Service.
3.3 Platform IP: All intellectual property associated with the Service, including but not limited to the software, design, graphics, trademarks, and underlying technology, remains the exclusive property of 1Brain or its licensors.
4. Acceptable Use
4.1 You agree not to: Use the Service in violation of any laws or regulations; Upload harmful, illegal, or infringing content; Attempt to gain unauthorized access to the Service; Share account credentials with unauthorised users; Use the Service for purposes of competition or benchmarking.
4.2 We reserve the right to suspend or terminate accounts for violations of these Terms.
5. Data Privacy and Security
5.1 We are committed to protecting your privacy. Our data practices are outlined in our Privacy Policy.
5.2 We implement commercially reasonable safeguards to protect your data, including encryption, access control, and regular backups. However, we cannot guarantee absolute security and are not responsible for any unauthorised access unless due to our negligence.
5.3 You are responsible for backing up your own content and ensuring compliance with any industry-specific data laws that apply to you.
5.4 In the event of a data breach that affects your User Content, we will notify you promptly and take commercially reasonable steps to mitigate the impact.
5.5 International users should note that data may be processed outside their home country, and we take appropriate steps to safeguard data transfers
6. Service Availability and Modifications
6.1 We strive to maintain consistent availability but do not guarantee uninterrupted access. We may suspend the Service for maintenance or updates, with notice where possible.
6.2 We reserve the right to introduce, modify, or discontinue features at our sole discretion.
6.3 We may offer Service Level Commitments (SLCs) or support guarantees to enterprise customers through separate agreements.
7. Termination
7.1 You may terminate your account at any time via your settings.
7.2 We may suspend or terminate your access to the Service if you breach these Terms, fail to pay fees, or for other legitimate business reasons.
7.3 Upon termination, you may lose access to your content. We recommend exporting any essential data before cancellation. We will provide you with the ability to export your data in a structured format for up to 30 days following termination, unless otherwise required by law.
8. Disclaimers
8.1 The Service is provided “as is” without warranties of any kind. We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
8.2 We do not guarantee that the Service will meet your requirements or operate uninterrupted.
9. Limitation of Liability
9.1 To the fullest extent permitted by law, we are not liable for indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Service.
9.2 Our total liability for any claim shall not exceed the amount paid by you to us in the 12 months preceding the event giving rise to the claim.
9.3 We are not liable for any loss of profits, revenue, business opportunities, goodwill, or data, even if we have been advised of the possibility of such damages.
9.4 We are not liable for third-party integrations or interruptions caused by external platforms or service providers.
9.5 You acknowledge that the Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or damage resulting from such issues.
10. Indemnification
You agree to indemnify, defend, and hold harmless 1Brain, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, losses, damages, expenses, and costs (including reasonable attorney’s fees) arising out of or related to: Your access to or use of the Service; Your violation of any term of these Terms; Your violation of any third-party right, including but not limited to any intellectual property or privacy right; Any content you submit or make available through the Service.
11. Governing Law and Dispute Resolution
11.1 These Terms shall be governed and construed following the laws of Sydney, New South Whales (NSW), without regard to its conflict of law principles.
11.2 In the event of a dispute, you agree to first attempt to resolve the matter through informal negotiation. If the issue cannot be resolved informally, it shall be submitted to binding arbitration or resolved in the courts located in Sydney, New South Whales (NSW).
11.3 Nothing in this section shall limit either party’s right to seek injunctive or equitable relief for matters related to intellectual property or unauthorised use of the Service.
11.4 International users agree that any legal claims will be subject to the laws and jurisdiction of Australia unless otherwise required by local law.
12. Force Majeure
We are not liable for failure to perform or delay in performance caused by events outside our reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, labor disputes, internet or utility failures, or third-party service disruptions.
13. Changes to These Terms
We may modify these Terms from time to time. If changes are material, we will provide notice via email or within the Service. Continued use of the Service after such changes constitutes your acceptance of the updated Terms.
14. Third-Party Services
The Service may integrate with or rely on third-party services, such as payment processors and hosting providers. We are not responsible for the privacy, security, or availability of those third-party services.
15. Contact Us
For any questions or concerns regarding these Terms, please contact:
