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Terms of Service

Terms of Service for Brainy (askbrainy.com)

Effective date: August 16, 2025

Welcome to Brainy, a free, open‑source AI chatbot available at https://askbrainy.com (the “Site”) and via the Telegram bot @askbrainy_com_bot (the “Bot”). These Terms of Service (the “Terms”) form a legally binding agreement between you (“you” or “User”) and the operator of Brainy (“we,” “us,” or “our”).

By accessing the Site, clicking Start or otherwise using the Bot, or using any related services (collectively, the “Services”), you agree to these Terms. If you do not agree, do not use the Services.

1. What Brainy is

  • Brainy is an AI assistant that answers questions, may search the web for up‑to‑date information, can run deeper research, and can understand voice messages.
  • Brainy is free to use. The underlying source code is open‑sourced under the MIT License at: https://github.com/nabokovvv/brainy. The MIT License governs the code, while these Terms govern your use of the Services.
  • Brainy may rely on third‑party services and infrastructure (e.g., large‑language‑model providers, search engines, hosting, Telegram). We do not control those services.

2. Eligibility

  • You must be at least 16 years old (or the age of digital consent in your country) or have verifiable parental consent. You are responsible for compliance with all laws that apply to you.

3. Your Content & Public Q&A Publication

3.1 User Content. You may submit prompts, questions, audio, and other content (collectively, “User Content”). You are solely responsible for your User Content.

3.2 Public Display. To help other users, we may publish prompts and answers on askbrainy.com as public Q&A, optionally with light editing and formatting. Do not include private or sensitive information in your prompts. We use automatic and manual filters to remove private information, API keys, and other sensitive data, but mistakes can occur.

3.3 License You Grant. You grant us a worldwide, non‑exclusive, royalty‑free, sublicensable, and transferable license to host, store, reproduce, adapt (e.g., to format, moderate, or redact), publish, display, and distribute your User Content as necessary to operate, improve, and promote the Services, including public Q&A publication on the Site.

3.4 Takedowns / Reporting. If you see User Content (yours or someone else’s) that should not be published, use the reporting link on the page or contact us via the contact information on the Site. We will review and, where appropriate, remove or further redact content.

3.5 No Confidentiality. The Services are not designed to handle confidential information. Do not submit passwords, API keys, financial account numbers, health information, trade secrets, or other sensitive data.

4. Acceptable Use

You agree not to: - use the Services for unlawful, infringing, defamatory, harassing, or hateful content; - submit, post, or share private or personal data of others without consent; - upload malware or attempt to disrupt or probe the Services or related systems; - spam, game, or overload the Services (e.g., excessive automated requests); - misrepresent your identity or affiliation; - violate third‑party rights, including intellectual‑property rights.

We may suspend or terminate your access for any breach of these Terms.

5. Accuracy, Safety & No Professional Advice

  • AI is fallible. Outputs may be inaccurate, incomplete, offensive, or unsafe. Use your own judgment and independently verify important information.
  • The Services do not provide professional advice (e.g., medical, legal, financial). If you need professional advice, consult a qualified professional.
  • Do not use Brainy in high‑risk settings (e.g., life‑critical systems, medical diagnosis, financial trading decisions) where errors could cause harm.

6. Third‑Party Services (including Telegram & Ads)

  • Your use of the Bot on Telegram is also subject to Telegram’s terms and policies. We are not affiliated with Telegram.
  • The Site may display advertising (e.g., Google Ads) and may include links to third‑party sites. We do not endorse or control third‑party content and are not responsible for it. Your interactions with advertisers and third parties are solely between you and them.

7. Donations

  • We may accept voluntary donations through third‑party payment processors. Donations do not purchase access to additional features and are generally non‑refundable except where required by law.
  • Unless explicitly stated, donations to Brainy are not tax‑deductible.

8. Intellectual Property

  • We (or our licensors) own the Services, including the Site’s content, branding, and design, except for User Content and open‑source components governed by their respective licenses.
  • If you provide feedback or suggestions, you grant us a perpetual, worldwide, irrevocable, royalty‑free license to use that feedback without restriction or compensation.

9. Privacy

  • We maintain a separate Privacy Policy explaining how we collect and use information. By using the Services, you agree we can process data in accordance with that policy.
  • We may log interactions to operate, secure, and improve the Services, including for abuse prevention and quality assurance.

10. Changes to the Services

  • We may modify, suspend, or discontinue any part of the Services at any time without notice. We may impose limits on usage to protect the service for everyone.

11. Disclaimers

  • The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement.
  • We do not warrant that the Services will be error‑free, accurate, or uninterrupted.

12. Limitation of Liability

To the maximum extent permitted by law, we (and our suppliers and partners) will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Services, even if advised of the possibility.

To the extent liability is not excluded, our aggregate liability for all claims relating to the Services will not exceed the greater of €50 or the amount you paid to us (if any) in the 12 months before the event giving rise to the liability.

Some jurisdictions do not allow certain disclaimers or limitations; in those cases, the foregoing applies to the fullest extent permitted by the laws of your jurisdiction.

13. Indemnity

You will defend, indemnify, and hold harmless us and our affiliates, licensors, and service providers from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your User Content, or your breach of these Terms or applicable law.

14. Changes to These Terms

We may update these Terms from time to time. The Effective date above shows when they were last revised. If changes are material, we will take reasonable steps to notify you (e.g., by posting on the Site). Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

15. Termination

You may stop using the Services at any time. We may suspend or terminate access immediately for any reason, including if we reasonably believe you have violated these Terms or pose a risk to the Services or other users.

16. Miscellaneous

  • Entire Agreement. These Terms (and any referenced policies) are the entire agreement between you and us regarding the Services.
  • Severability. If any provision is found unenforceable, the remaining provisions will remain in full force.
  • No Waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms. We may assign them to an affiliate or in connection with a merger, acquisition, or asset sale.

17. Contact

For questions, reporting, or removal requests, please use the report link on the relevant Q&A page or contact us via the contact information provided on the Site: [email protected].

Quick Summary (non‑binding)

  • Don’t share sensitive data.
  • We may publish your Q&A (with best‑effort redaction); you can report/take down items.
  • AI can be wrong; don’t rely on it for professional or high‑risk decisions.
  • Donations are voluntary and usually non‑refundable.
  • Ads and third‑party links may appear; we don’t control them.
  • Code is MIT‑licensed; your use of the service is governed by these Terms.