Terms of Service

Welcome to BrainBoost. These Terms of Service (“Terms”) are an agreement between you and BrainBoost AI LLC, a Texas limited liability company, 2900 FM 2187, Sealy, TX 77474, United States (“BrainBoost,” “we,” “us”), and govern your use of BrainBoost: AI Study Assistant on iOS, Android, and the web (including brainbooststudy.com). The Join Students screen states that by continuing you confirm you are 13 or older and agree to these Terms of Service and the Privacy Policy. When you tap Continue, Sign in with Apple, Sign in with Google, or email sign-in there, we record the date, time, and version of these Terms and the Privacy Policy you accepted. BrainBoost: AI Study Assistant is a study aid. AI can make mistakes, and you must check important information. Every plan has usage limits that reset on a schedule: the free plan includes a daily allowance of AI uses, and Premium raises your limits.

1. Acceptance of terms

By accessing or using BrainBoost: AI Study Assistant (“BrainBoost,” the “App,” or the “Service”), you agree to these Terms and to our Privacy Policy, which explains how we handle your data. If you do not agree, do not use the Service. These Terms apply to free and Premium users. Additional terms may apply to specific features if we show them to you in the App.

2. Service description

• Homework Scanner: Take or upload photos of homework and get AI solutions with step-by-step explanations.
• AI Tutor Chat: Conversational study help, with optional voice dictation, incognito mode (chats not saved on your device), attachments (photos, PDFs, Word, Excel, slides, text, and links), and live web search.
• Scientific Calculator: Step-by-step math help.
• Learning Hub: Subject solvers, the Style & Tone Refiner (Humanizer), the AI Detector, quiz and flashcard generators, Import and Summarize, Study Plan, and an image generator.
• Voice Tutor (Premium): Talk with the AI tutor out loud in natural neural voices, with a daily allowance of spoken minutes (currently 20 spoken minutes per day). Spoken answers are short and may contain mistakes.
• Study Sets: Turn notes, files, photos, or links into a study guide, notes, flashcards, a quiz, a material tutor, vocabulary games, and a two-host podcast. Study Sets are saved on your device; you can share one by link.
• Document library: Files and AI documents you save are stored on your device (up to 40 documents). It is local storage, not a cloud drive.
• AI images and Premium study video: Study visuals from prompts, and short Premium study clips made with ByteDance Seedance models through OpenRouter. Output can be inaccurate or unexpected despite filters.
• Transcribe Notes (Premium): Turn video or audio into lecture notes.
• Live Quiz: Host or join a live or self-paced quiz game with a game code; players appear on a leaderboard by the nickname they choose.
• Browser agent (Hyperbrowser, Premium): Optional feature that opens public websites in a cloud browser (run by Hyperbrowser) after you allow it, so you can watch it work. Use it only for lawful research and comparison that follows each website’s terms. It pauses and asks for your approval before any sensitive step, such as signing in, entering personal details, submitting forms, sending messages, accepting terms, booking, or buying. It never types your passwords or payment details and never places an order or makes a booking for you: you take control of the live browser to sign in, pay, and confirm yourself. You are responsible for reviewing and confirming every purchase, booking, or submission, including the item, price, total, dates, and the seller’s terms; BrainBoost is not the seller and is not a party to those transactions. It will not gamble, trade, move money, create accounts, solve CAPTCHAs, or complete graded work, and users who may be under 18 can use it for research only. You must not use it to get around those limits, paywalls, or school rules. Results can be incomplete or wrong; check important facts. Daily limits apply.
• Connectors (Composio): Optional connections to services such as Gmail, Google Calendar, Google Drive and Docs, Google Classroom, Canvas LMS, Notion, Slack, and GitHub. Connecting uses that provider’s sign-in or a token you create. When you run a connector, BrainBoost sends the requested action and needed context to Composio and then to that service. BrainBoost is not those companies. Disconnect in Chat → Connectors.
• Academic profile and AI memory: Optional school and class labels personalize answers. Signed-in users have AI memory (preferences, short facts, study snippets, and chat summaries, not full chat transcripts), as described in the Privacy Policy.
• Study reminders: Optional notifications and study reminder emails you can turn off.

We may add, change, or remove features over time (section 14).

2A. AI agent features and background tasks

• Work can continue after you close the App: Chat answers, scans, files, images, study videos, writing tools, quizzes, podcasts, Study Sets, and browser agent tasks can keep running on our servers after you leave the screen or close the App. Results are stored for you so the App can show them when you return, for the limited time described in the Privacy Policy (section 13), and the App may send a notification when one is ready.
• Usage still counts: Work that finishes in the background uses your limits the same way as work you wait for.
• Actions in connected services: The App asks before an AI feature acts in a service you connected, and some high-risk actions are always blocked. When you allow an action (for example sending an email or editing a document), you are responsible for it.
• You review the output: AI may make mistakes, including in work it finishes while you are away. You are responsible for reviewing AI output before you rely on it, submit it, share it, or send it (section 10).

2B. Build Mode and optional computer connection

Build Mode helps you build websites, apps, games, and code, and can keep working after you leave the App. These terms apply to it, together with section 2A and the Privacy Policy (section 4B):

• You are responsible for what you ask Build Mode to make and for reviewing, testing, and securing anything it produces before you publish or rely on it. Generated code can contain bugs or security problems.
• You must not use Build Mode to create malware, phishing pages, spam tools, or anything that breaks the law or other people’s rights. Prompts are screened automatically, and we may block accounts from Build Mode for misuse (section 8).
• GitHub pushes use your own connected GitHub account, go only to brainboost/… branches, and need your approval each time.
• Connect a computer is optional and available only to Premium users 18 or older with a birth year on file. It works only in folders you pick, asks for approval on that computer for every command, and can be revoked anytime. Only connect a computer you own or are allowed to use this way, keep backups of important files, and do not use it on school, work, or exam devices where that is not allowed.
• Build Mode’s AI and sandbox use counts toward your plan’s usage limits and fair-use allowance (section 4).

3. Accounts and eligibility

Use without an account: You may use BrainBoost without signing in. The App creates an anonymous session and device identifier for security and daily limits.

Optional account: If you sign in, provide accurate information, keep your sign-in details confidential, and tell us about any unauthorized access. You are responsible for activity under your account. You can delete it in Profile → Delete account.

4. Plans, prices, and usage limits

Free plan

• A daily allowance of flexible AI uses shared by scan, chat, calculator, tutor, and hub tools. A standard request uses 1; larger requests (for example images or attachments) can use more.
• Some tools have their own daily caps and size limits. For example, the free AI Detector allows 2 scans a day, and the free Style & Tone Refiner allows 1 run a day of up to 300 words; a longer free paste is refused before any use is counted.
• Some features are Premium only (for example the Voice Tutor, Transcribe Notes, Premium study video, the browser agent, and choosing premium AI models).
• Bonus uses: on iOS and Android you can watch optional rewarded ads for bonus uses (up to 5 a day, subject to ad availability), and you may earn bonus uses for sharing the App. Bonus amounts are shown in the App.
• Free users may see ads (section 12B).

Premium

U.S. list prices are below. The price you pay is the one shown on the purchase screen when you buy, which may vary by region, currency, or tax:

• Weekly $5.99 · Monthly $19.99 · Yearly $149.99 (about $12.50 a month, 37% less than 12 months of Monthly).
• Premium includes much higher daily limits, Premium-only features, and no ads. For example, the AI Detector and the Style & Tone Refiner each allow 50 runs a day of up to 5,000 words, and the Voice Tutor includes 20 spoken minutes a day.
• Choosing a premium AI model can use more than 1 flexible use per reply; the App shows the cost before you pick. Premium models share a daily and monthly fair-use allowance, after which replies continue on a standard model (see How limits work).

How limits work

Every plan, including Premium, has usage limits. Profile → Usage shows how much of each allowance you have used as a percentage, with a countdown to the next reset, and the App tells you when you reach a limit. Daily allowances reset at midnight in your local time zone, and some feature caps reset at midnight UTC (shown in your local time). They are tracked by device and, when you sign in, by account.

Fair use: No plan is unlimited. Besides daily limits, every plan, including Free, has a fair-use AI allowance measured over a rolling window (30 days; 7 days on the weekly plan) that refills as older usage rolls off. After heavy use, replies may continue on a faster, more efficient model with shorter replies, and after very heavy use some AI features may pause until older usage rolls off. The App tells you when this happens.

Changes: We may change limits, bonus amounts, model costs, and which features are free to keep the Service sustainable and available to everyone. We will show the current rules in the App, and changes to paid plans follow section 5. Trying to get around limits (for example with multiple accounts or devices, scripts, or by resetting app data) breaks these Terms (section 8).

5. Billing and payments

Payments are processed by the Apple App Store (iOS), Google Play (Android), or Stripe (web). RevenueCat helps manage entitlements and restore purchases; it does not replace the storefront’s payment or refund process.

Auto-renewal: Weekly, monthly, and yearly Premium plans are subscriptions that renew automatically at the then-current price until you cancel. For App Store and Google Play purchases, payment is charged to your Apple ID or Google account when you confirm the purchase, your subscription renews automatically unless you cancel at least 24 hours before the end of the current period, and your account is charged for renewal within 24 hours before the current period ends. You can manage and cancel subscriptions in your App Store or Google Play account settings after purchase. For web purchases, Stripe charges your payment method when you subscribe and at the start of each renewal period until you cancel in Profile → Manage subscription, which opens the Stripe customer portal. We do not currently offer free trials; if we do, the App will explain when the trial ends and when billing starts.

Before you buy: the purchase screen shows the price, how often the plan renews (every week, month, or year), that it keeps renewing until you cancel, and where to cancel. Renewal reminders: Apple and Google send renewal notices under their own policies. For yearly plans bought on the web, we will email you a reminder before the plan renews where the law requires it.

Restore: Use Restore Purchases on the paywall or in Profile for an active subscription tied to your Apple ID or Google account.

Price changes: We may change prices with notice before the change takes effect (for example at least 30 days for subscription price increases). A price change applies only from a later renewal, and you can cancel before it does. The storefront may also ask you to accept a price increase. Taxes may be added by Apple, Google, or Stripe.

6. Cancellation and refunds

• iOS: Settings → your name → Subscriptions → BrainBoost → Cancel Subscription.
• Android: Google Play Store → Payments & subscriptions → Subscriptions → BrainBoost → Cancel.
• Web (Stripe): Profile → Manage subscription opens the Stripe customer portal, where you can cancel online at any time in a few clicks, without calling or emailing us. You can also email thebrainboostsupport@gmail.com with subject “Cancel Web Subscription.”

After canceling, you keep Premium until the end of the period you paid for. Uninstalling the App does not cancel a subscription, and deleting your account does not cancel an App Store or Google Play subscription, so cancel those first using the steps above. Deleting your account does cancel a personal web (Stripe) subscription immediately, with no further renewals. We do not give partial refunds for unused time except where the law requires. Refunds for App Store and Google Play purchases are handled by Apple and Google under their rules (for the App Store use reportaproblem.apple.com). For web purchases, email us and we will follow this section and applicable law. If you live in the EU or UK, you agree that digital content and services start right away, which may end your statutory right to withdraw once performance has begun, except where the law says otherwise. Chargebacks filed without first contacting us may lead to an account review.

6A. AI credit packs (web)

On the web you can buy one-time AI credit packs (currently 100 credits for $2.99, 300 for $6.99, and 1,000 for $19.99, U.S. prices). A pack is a single payment, not a subscription, and never renews or charges you again. One credit equals one flexible use. Purchased credits are used only after your daily free or Premium uses run out, do not expire while your account exists, have no cash value, cannot be transferred or resold, and are deleted when your account is deleted. If a pack is refunded or charged back, the credits from that pack are removed. Refunds of unused packs follow section 6 and applicable law.

6B. Referral program and bonuses

Referral program: When it is offered, you can share your referral code. When a new user redeems it, both of you may receive free Premium time (currently 7 days each), as shown in the App. A code can be redeemed once per new account and device, you cannot refer yourself, and the number of rewards per month is limited. Referral and share bonuses are not for App Store reviews or ratings: we never require or reward a review. We may change or end the program, and we may cancel rewards gained through abuse (for example fake accounts, self-referral, or automation). Rewards have no cash value.

7. Acceptable use and academic integrity

You also agree not to: upload illegal or harmful content or content you do not have the right to share; reverse engineer, overload, or attack the Service; share account credentials; abuse limits with bots, scripts, or multiple accounts; scrape the Service; resell access; impersonate others; generate illegal, harassing, hateful, or sexually explicit content (including any sexual content involving minors, which we report to authorities); create sexual, violent, or deceptive images of real people; generate false or defamatory statements about real people; or use the Service to plan self-harm or harm to others.

Reporting and moderation: Use Report response (More → Report response) on any AI answer, or email thebrainboostsupport@gmail.com, to report harmful or illegal output or content. We use automated filters and review reports, and we may remove content, block prompts, or restrict accounts that break these rules.

BrainBoost is independent and is not affiliated with any school, university, or testing organization you name in your profile. Optional school or class information does not create an institutional or FERPA relationship. Classes that a teacher or school runs through BrainBoost for Schools are covered by section 7A.

7A. BrainBoost for Schools

BrainBoost for Schools lets teachers and schools create classes, invite students with join codes, assign AI-drafted or hand-written quizzes, grade work, and review integrity alerts. These terms apply in addition to the rest of these Terms. If you use BrainBoost for Schools on behalf of a school or district, you agree to these terms for that school and confirm you are allowed to.

• Teacher and school responsibilities: You confirm that you have authority to use BrainBoost with your students under your school’s policies. You are responsible for getting any consent and giving any notices your school, district, or the law requires before students use class features, including school or parental consent for students under 13 (COPPA) and notices under FERPA or state student-privacy laws. You use student information only for educational purposes and keep join codes within your class. Students under 13 cannot sign up on their own (every user must confirm they are 13 or older). Contact us before including them; we will only allow it after we agree in writing with your school, under your school’s consent for that educational use, and those students see no ads.
• What teachers can see: For their own classes, teachers see each student’s class display name, join date, answers, scores, feedback, turned-in work, attendance, class messages and posts, and integrity events from monitored assignments. Teachers cannot see a student’s personal AI chats, Study Sets, documents, or other activity outside the class, and the roster does not show email addresses. Details are in the Privacy Policy (section 10).
• Review what you assign: AI quiz drafts and automatic grades can be wrong. Review questions, answer keys, and grades before you rely on them. Long answers are left for you to grade.
• Acceptable use: Do not use class features to harass or embarrass students, collect information unrelated to the class, share student records outside your school, or let people into a class who should not be there. Students must follow their teacher’s instructions and the acceptable use rules above.
• Integrity monitoring has limits: Integrity alerts record events such as paste, copy, tab switches, and screenshots during monitored assignments. They do not catch all cheating, they can flag innocent activity (for example a notification that pulls a student out of the window), and they are not proof of misconduct. Any academic decision is the teacher’s and school’s responsibility, and BrainBoost is not liable for decisions made from integrity alerts.
• Class content and conduct: You are responsible for what you post in a class. Be respectful; do not post harassment, bullying, hate, threats, sexual content, personal information about others, cheating materials, spam, or anything illegal. You keep ownership of what you post and give BrainBoost and your school permission to host and display it to the class to run the service. Teachers moderate their classes. We may remove content or limit accounts that break these rules, and you can report content to the teacher or to thebrainboostsupport@gmail.com. Class posts are not monitored by BrainBoost in real time, and we are not responsible for what users post.
• Focus mode limits: Focus mode keeps a web quiz full screen and flags when a student leaves it. It cannot block other apps, devices, or browsers, and it is not a secure testing environment. Schools that need locked-down testing should use a dedicated assessment tool or managed devices.
• Messages and class files: Use the class Inbox, discussions, and attachments only for class purposes. Do not send harassment, spam, personal information about others, or content you do not have the right to share. Teachers can remove content from their class, and we may remove content or accounts that break these Terms.
• Attendance and time limits: Attendance, QR check-in, and time limits are tools to help a teacher, not official records or a secure testing system. A QR code can be shared in the room, and network problems can affect timing. Teachers and schools are responsible for checking attendance and deciding on any late or incomplete work.
• Turned-in work: Students are responsible for the work and files they turn in and must have the right to share them. Do not upload anything unlawful, harmful, or that you do not own or have permission to use. Links to outside services (Google, Microsoft, Canva, and others) are governed by those services’ own terms and sharing settings.
• AI grading suggestions are not grades: AI suggestions can be wrong. Teachers are responsible for reviewing work and assigning grades; BrainBoost does not make grading decisions.
• Plans, billing, and cancellation: Students join classes free. Teachers can set up to 3 classes free to try every tool; adding students, publishing work, posting, messaging, attendance, and AI drafts require a paid plan: Teacher is $24.99 per month or $199 per year for up to 15 classes and 150 students, and includes full BrainBoost Premium for the teacher’s own account while the plan is active. A School license is $4 per student per year with a 375-student ($1,500) minimum. School plans are sold on the web through Stripe or by invoice, not through in-app purchase. Paid plans auto-renew at the end of each period until canceled. You can cancel anytime in the Stripe customer portal or by emailing thebrainboostsupport@gmail.com with subject “Cancel School Plan”; your plan stays active until the end of the paid period. No partial refunds except where the law requires. We will give notice before a price change takes effect at renewal.
• Data ownership: The school (or the teacher, when no school is involved) owns student records and class content. You give BrainBoost a limited permission to store and process that data only to provide the service. When you delete a class or end your plan, you can ask us to delete or export class data, as described in the BrainBoost for Schools section of the Privacy Policy.

8. Fair use and anti-abuse

BrainBoost: AI Study Assistant is for personal study use by people. We use daily and monthly limits, short-term rate limits, IP and device signals, and security logs to prevent automated abuse and to keep the Service available for everyone. Automated access, scraping, bulk generation, reselling output, or using the Service to power another product may be slowed, limited, or blocked without notice. We may warn, throttle, suspend, or terminate access, including immediately for fraud, illegal activity, attempts to get around limits, or attacks on the Service. Automated abuse or scraping may also violate the Computer Fraud and Abuse Act and other laws.

9. Intellectual property and your content

Our Service: BrainBoost and its software, design, content, features, and trademarks are owned by BrainBoost or its licensors. We give you a personal, limited, non-exclusive, non-transferable, revocable license to use the App for your own study, subject to these Terms.

Your content: You keep ownership of the content you submit (for example photos, notes, files, and prompts). You give us a worldwide, non-exclusive, royalty-free license to host, store, transmit, process, reproduce, and display that content only as needed to provide, secure, and improve the Service for you, including sending it to the service providers described in the Privacy Policy. This license ends when your content is deleted, except for copies in backups, in anything you shared with others (for example a shared Study Set or a class post), or that we must keep by law. We do not use your learning content to train AI models. You confirm you have the rights needed to submit your content.

AI output: As between you and BrainBoost, you may use the output generated for you, subject to these Terms and the law, and we assign to you any rights we have in it. Output may not be unique (other users may get similar output), may not be protected by copyright, and may resemble existing material; we do not guarantee ownership or non-infringement, and you are responsible for how you use it.

Feedback: If you send us ideas or feedback, we may use them without any obligation to you.

Third-party names: Third-party names (including Google, Apple, Slack, Notion, GitHub, and Composio toolkits) belong to their owners. AI model names (such as GPT, Claude, Gemini, Grok, and DeepSeek) are trademarks of their providers and are shown only to identify which model answers. School and university names and logos are trademarks of their institutions and are shown only to identify the school you choose. BrainBoost is not affiliated with, sponsored by, or endorsed by any AI provider, school, university, or testing organization. Study Set games are original BrainBoost features.

10. AI-generated content disclaimer

The Homework Scanner and OCR can misread handwriting, cursive, diagrams, or low-quality photos. Chat, tutor, calculator, and Learning Hub replies can be wrong even when they sound confident. Live web results can be out of date or come from unreliable sources.

AI images and video: Generated images and clips may be inaccurate or unexpected. You may not use them to deceive (for example fake photos of real people or events presented as real), to harass, or to infringe someone else’s rights. Do not upload images of other people without their permission.

10A. Not professional advice

Nothing in the Service is medical, legal, tax, investment, counseling, or other professional advice. Do not delay professional care or rely on AI output for decisions that need a qualified professional.

11. Disclaimers and limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINBOOST IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, AND WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINBOOST IS NOT LIABLE FOR ACADEMIC OUTCOMES, AI ERRORS, DISCIPLINARY CONSEQUENCES, THIRD-PARTY SERVICES, PLUGINS, WEBSITES, OR ADS, DOWNTIME, LOSS OF DATA STORED ON YOUR DEVICE, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND OUR TOTAL LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR USD $50. Some jurisdictions do not allow certain disclaimers or limitations, so some of these may not apply to you. Nothing in these Terms limits liability that cannot be limited by law, or your mandatory consumer rights.

12. Indemnification

To the extent permitted by law, you agree to defend and indemnify BrainBoost against claims, losses, and costs (including reasonable legal fees) arising from your misuse of the Service, your violation of these Terms or of school or exam rules, content you submit, your infringement of others’ rights, or your use of third-party plugins or websites through the Service.

12A. Third-party services and plugins

Names and logos of third-party products (including Composio toolkits such as Gmail, Google Docs, Google Drive, Google Calendar, Google Classroom, Canvas, Slack, Notion, GitHub, YouTube, Discord, and Microsoft Outlook, OneDrive, and Teams) are trademarks of their respective owners. BrainBoost is not affiliated with, endorsed by, or sponsored by those owners unless expressly stated. Plugin features require your separate accounts and are subject to those providers’ terms. When you use a plugin, the requested action and needed context are sent to Composio and the connected service, and you are responsible for actions you ask it to take (for example sending an email). Disconnecting stops new BrainBoost actions; it does not delete data already stored by the third party. Links to and content from other websites are their owners’ responsibility.

12B. Advertising, AI providers, and your privacy rights

The free plan is supported by ads served by Google (AdMob in the iOS and Android apps, AdSense on the web). Ads are labeled, we request non-personalized ads for every account, and Premium removes them. AI features are processed by our model and voice providers (including OpenRouter, OpenAI, Anthropic, Google, xAI, DeepSeek, and the other providers listed in the Privacy Policy, plus Microsoft speech services), and the App runs on Supabase, Netlify, Expo, RevenueCat, Stripe, and Resend. How each provider handles your data, and your rights under laws such as the GDPR and CCPA/CPRA (access, deletion, correction, and opting out), are described in our Privacy Policy, which is part of these Terms.

13. Termination

You may stop using BrainBoost at any time and delete your account in Profile → Delete account or by emailing thebrainboostsupport@gmail.com. Uninstalling removes local data only, and neither deletes nor cancels a subscription (section 6). We may suspend or end your access, with notice where reasonable, for violations of these Terms, fraud, abuse, legal requirements, extended inactivity, or non-payment. When access ends, your license to use the App ends, and unused credit packs and bonuses are forfeited except where the law requires otherwise. There are no refunds for terminations due to Terms violations.

14. Changes to the Service

We may add, modify, suspend, or discontinue features, limits, or models at any time. If we discontinue Premium entirely, we will tell you in advance and handle refunds as the storefront rules and the law require.

15. Changes to these Terms

We may update these Terms by changing the effective date. For material changes we will give notice in the App or by email before they take effect, and we may ask you to accept the new version the next time you continue; we keep a record of the version you accepted and when. Changes do not apply to a dispute that arose before the change took effect. Continued use after the effective date of a change means you accept it. If you disagree, stop using the Service and cancel your subscription.

16. Governing law and disputes

Informal resolution first: Before filing a claim, contact thebrainboostsupport@gmail.com and allow a reasonable time (typically 30 days) to try to resolve it informally, except for urgent injunctive relief or non-waivable consumer rights.

Governing law: These Terms are governed by applicable U.S. federal law and the laws of the State of Texas, without regard to conflict-of-law rules and without limiting mandatory consumer protections where you live. EU and UK consumers keep their mandatory rights, including digital-content and refund rights, and may bring claims in their home courts.

Dispute resolution (arbitration)

Binding arbitration & class-action waiver (U.S.): If informal resolution fails, disputes are resolved by binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, held in Austin County, Texas, or by phone or video if you prefer, with fees allocated as those rules provide, except that either of us may bring an individual claim in small-claims court. Class actions and jury trials are waived. Opt out within 30 days of first accepting these Terms (we record that date) by emailing thebrainboostsupport@gmail.com with subject “Arbitration Opt-Out” and your account email. The arbitrator may award relief only to you individually. If the class-action waiver is found unenforceable for a claim, that claim goes to court rather than arbitration. Mandatory EU/UK consumer protections prevail where required.

17. Severability

If a provision is unenforceable, it will be modified to the minimum extent needed to reflect the parties’ intention, and the rest remains in effect.

18. Contact

See also our Privacy Policy.

18A. Entire agreement

These Terms, the Privacy Policy, any feature terms we show you in the App, and (for App Store downloads) Apple’s Standard EULA terms in section 19, are the entire agreement between you and BrainBoost about the Service and replace prior agreements on that subject.

18B. Waiver and assignment

If we do not enforce a provision, that is not a waiver. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, corporate reorganization, or sale of assets. These Terms bind permitted successors.

18C. Survival

Provisions that by their nature should survive termination, including intellectual property, AI disclaimers, acceptable use, limitation of liability, indemnification, governing law and disputes, and this survival clause, remain in effect after your account ends.

18D. Copyright complaints (DMCA)

If you believe content in the Service infringes your copyright, email thebrainboostsupport@gmail.com with subject “DMCA / Copyright,” including: your contact information; a description of the work and the allegedly infringing material and where it appears; a statement of good-faith belief that the use is not authorized; a statement under penalty of perjury that your notice is accurate and that you are the owner or authorized agent; and your physical or electronic signature. We may remove material and, in appropriate cases, terminate repeat infringers. Full notice and counter-notice steps are on our Copyright (DMCA) page.

18E. Export and sanctions

You may not use the Service if you are located in a comprehensively sanctioned jurisdiction or on a U.S. government restricted-party list. You agree to comply with applicable export-control and sanctions laws.

18F. Accessibility

We work to make BrainBoost usable for everyone, aiming at WCAG 2.1 Level AA. If something is hard to use, tell us at thebrainboostsupport@gmail.com with subject “Accessibility.” See our Accessibility statement.

19. Apple Standard Licensed Application End User License Agreement (EULA)

For users who download BrainBoost from the Apple App Store, the following additional terms apply. They reflect the minimum terms of Apple Inc.’s Standard Licensed Application End User License Agreement (“Standard EULA”) that Apple requires for apps on the App Store. If these Terms conflict with them for an App Store download, these Apple terms control.

Scope of License: The license granted to you for BrainBoost is a non-transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules in the App Store Terms of Service, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

Maintenance and Support: BrainBoost is solely responsible for providing any maintenance and support services with respect to the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

Warranty: BrainBoost is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be BrainBoost’s sole responsibility.

Product Claims: BrainBoost, not Apple, is responsible for addressing any claims relating to the Application or your possession and/or use of the Application, including product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights: In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, BrainBoost, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Contact: BrainBoost AI LLC · thebrainboostsupport@gmail.com · 2900 FM 2187, Sealy, TX 77474, United States. Questions, complaints, or claims about the Application should be sent to this email or address.

Third-Party Terms of Agreement: You must comply with applicable third-party terms when using the Application (for example your wireless data service agreement).

Third-Party Beneficiary: Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Apple’s current Standard EULA template: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/.