Effective Date: March 1, 2025 (Amended April 9, 2025)
1. Introduction
These Terms of Service ("Terms") govern your use of the BrAIs platform (the "Platform"), a service that allows users to upload documents and process them using language models. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Platform.
2. Account Creation and Use
a. Account Creation: To use the Platform, you must create an account by providing a valid email address. Providing your organization name is optional.
b. Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify BrAIs immediately of any unauthorized access or use of your account.
c. Acceptable Use: You agree to use the Platform only for lawful purposes and in accordance with these Terms. You are solely responsible for the content of any documents you upload. You agree not to upload any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
3. Data Collection and Usage
a. Data Collected: BrAIs collects the following data:
* **User Data:** Email address, organization name (optional), timestamps of document uploads, and records of processed documents, including specifications of each language model request.
* **Document Data:** Uploaded documents in PDF, Word (.docx), and HTML formats. Users are responsible for ensuring that any Personally Identifiable Information (PII) within these documents is appropriately anonymized before upload. BrAIs does not actively anonymize user data.
* **Usage Data:** Information regarding the frequency of Platform use and specific Language Models employed.
b. Data Usage: BrAIs collects this data for the purposes of:
* Account creation and authentication
* Providing the Platform's services
* Improving the Platform's functionality and performance
* Monitoring usage and identifying potential issues
c. Data Storage and Security: User data and documents are stored in a private network on Google Cloud Platform (GCP), a secure cloud storage provider. Data is encrypted in transit and at rest. Access to data is restricted and managed through robust Identity and Access Management (IAM) best practices on GCP.
d. Data Retention: User data, excluding documents, is retained for one year from the last date of account activity. Documents are retained until deleted by the user. BrAIs will delete user data upon request.
e. Data Processing Legal Basis: Data processing is conducted under the legal basis of contract (provision of the Platform's services) and legitimate interests (improving Platform performance and security). BrAIs complies with the Freedom of Information and Protection of Privacy Act (FIPPA) of Ontario, Canada, as well as other applicable Canadian federal and provincial privacy laws.
f. Third-Party Data Sharing: Uploaded documents are processed by third-party generative AI tools, including Google's Gemini. This sharing is necessary to provide the Platform’s core functionality. BrAIs does not share user-specific data with third-party service providers other than the use of Google Cloud Platform for storage and Gemini for processing.
g. Data Transfers: Data is stored in GCP's US security zone. BrAIs will implement appropriate safeguards to ensure compliance with relevant data protection laws when transferring data internationally.
4. Intellectual Property
a. User Content Ownership: You retain ownership of your uploaded documents. However, by uploading documents to the Platform, you grant BrAIs a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your documents solely for the purpose of providing the Platform's services.
b. Platform Ownership: The Platform and its content (excluding user-uploaded documents) are the intellectual property of BrAIs and are protected by applicable copyright and other intellectual property laws. You may not copy, reproduce, distribute, modify, or create derivative works from any part of the Platform without the express written consent of BrAIs.
5. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BrAIs does not guarantee uninterrupted, secure, or error-free operation of the Platform.
6. Limitation of Liability
IN NO EVENT SHALL BrAIs BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF BrAIs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BrAIs's total liability to you for all claims arising out of or relating to these Terms or the Platform shall not exceed the amount you paid, if any, for use of the Platform during the 12 months preceding the claim.
7. Termination
BrAIs may terminate your account and access to the Platform at any time, with or without cause. You may terminate your account at any time. Upon termination, BrAIs may delete your data in accordance with its data retention policy, unless otherwise required by law.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Any disputes arising out of or relating to these Terms shall be resolved exclusively in the courts of Ontario.
9. User Rights
a. Data Rights: Users have the right to access, rectify, and erase their personal data. Users can exercise these rights by contacting BrAIs at sean@billings.technology.
b. Do Not Track: BrAIs does not currently support "Do Not Track" requests.
10. Changes to these Terms
BrAIs may modify these Terms at any time. You will be notified of any material changes to these Terms. Your continued use of the Platform after such changes constitute your acceptance of the modified Terms.