Terms of Use

1. Acceptance of These Terms

These Terms of Use ("Terms") govern your access to and use of www.trybrainiac.com and related web pages operated by Brainiac, Inc. ("Brainiac," "we," "us," or "our") (the "Website"). By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.

2. Separate Agreements

These Terms apply only to your use of the Website. Brainiac provides its expert network services to clients and experts under separate written agreements. If a separate agreement between you and Brainiac conflicts with these Terms, the separate agreement controls.

3. Login Credentials

You may not share your login credentials with anyone or allow anyone else to use your account. You are responsible for all activity under your account. Notify us promptly at legal@trybrainiac.com if you believe your account has been accessed without your permission.

4. Intellectual Property

4.1 Ownership. As between you and Brainiac, Brainiac and its licensors own all right, title, and interest, including all patent, copyright, trademark, trade secret, and other intellectual property rights, in and to the Website and its content, including its text, graphics, software, algorithms, designs, functionality, database structures, and documentation, and Brainiac’s names, logos, and other trademarks (collectively, “Brainiac IP”). To the fullest extent the law protects it, Brainiac also owns its original selection, coordination, arrangement, and compilation of Website content, including any expert directory and profile information and search results. Nothing in these Terms gives you any right, title, or interest in Brainiac IP except the limited license below, and Brainiac reserves all rights not expressly granted.

4.2 Limited License. Subject to these Terms, Brainiac grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Website for your personal or internal business use. This license ends automatically when your access is suspended or terminated.

4.3 Restrictions. You may not, and may not permit or help anyone else to:
(a) copy, modify, distribute, publicly display, or create derivative works from Brainiac IP, except as the Website’s features are designed to allow;
(b) sell, resell, rent, sublicense, or otherwise transfer access to the Website;
(c) scrape, crawl, data mine, bulk copy, or systematically extract Website content, or use it to build a database, dataset, or competing product, or to train, fine-tune, evaluate, or provide data to any artificial intelligence or machine-learning system;
(d) reverse engineer, decompile, or attempt to discover the source code or non-public operation of the Website, except where applicable law prohibits this restriction;
(e) circumvent security or access controls, or use the Website to build, benchmark, or support a competing product;
(f) remove or alter any proprietary notices or Brainiac branding; or
(g) use the Website for any unlawful purpose or any purpose not permitted by these Terms.

4.4 Effect of Termination. When your access ends, you must stop using the Website and promptly delete any Website content you downloaded, except as required by law.

5. Privacy

Brainiac collects, uses, stores, and discloses information about Website users as described in our Privacy Policy. By using the Website, you acknowledge that your information will be handled as described there.

6. Disclaimer of Warranties

THE WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY. BRAINIAC DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, OR THAT ANY CONTENT, INCLUDING CONTENT GENERATED WITH ARTIFICIAL INTELLIGENCE TOOLS, IS ACCURATE OR COMPLETE. Website content is for general information only and is not investment, legal, or other professional advice.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINIAC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE. BRAINIAC'S TOTAL LIABILITY ARISING FROM THESE TERMS OR THE WEBSITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

8. Indemnification

You agree to defend, indemnify, and hold harmless Brainiac and its officers, directors, employees, and agents from and against any third-party claims, losses, liabilities, damages, and expenses, including reasonable attorneys' fees, arising from or related to: (a) your use of the Website; (b) your violation of these Terms or applicable law; or (c) any use of your account that results from your failure to protect your login credentials.

9. Suspension and Termination

Brainiac may suspend or terminate your access to the Website at any time, with or without notice. Sections 4.1, 4.3, 4.4 and 6 through 10 survive any suspension or termination.

10. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Any dispute arising from or related to these Terms or the Website will be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

11. Changes to These Terms

We may update these Terms by posting a revised version on the Website. Changes take effect on the effective date shown, and your continued use of the Website after that date means you accept the revised Terms.

12. Contact Us

Questions about these Terms may be sent to legal@trybrainiac.com.