Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BrainPredict OÜ covering all 16 platforms (Commerce, Supply, People, Sales, Marketing, Legal, Risk, Finance, Innovation, Controlling, Communications, Data, Strategy, Sourcing, Operations, Customer). These Terms ("Company," "we," "us," or "our") govern your access to and use of our AI-powered business intelligence platforms including BrainPredict Commerce (e-commerce intelligence), BrainPredict Supply (supply chain intelligence), BrainPredict People (HR intelligence), BrainPredict Sales (sales & revenue intelligence), BrainPredict Marketing (marketing intelligence), BrainPredict Legal (legal intelligence), BrainPredict Risk (enterprise risk intelligence), BrainPredict Finance (financial intelligence), BrainPredict Innovation (innovation intelligence), BrainPredict Controlling (controlling intelligence), BrainPredict Communications (communications intelligence), BrainPredict Data (data quality & AI readiness intelligence), BrainPredict Strategy (strategic intelligence), BrainPredict Sourcing (procurement intelligence), BrainPredict Operations (manufacturing intelligence), and BrainPredict Customer (customer service intelligence), and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the authority to bind your organization to these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and current

3. Account Registration

To use our Services, you must create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account
• Not share your account with others

4. Subscription and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and pricing. You may choose monthly or annual billing. All prices are in EUR and exclude applicable taxes.

4.2 Payment Terms

• Payment is due at the beginning of each billing period
• We accept major credit cards and bank transfers
• All payments are processed securely through Stripe
• You authorize us to charge your payment method automatically

4.3 Refund Policy

We offer a 14-day free trial. After the trial period, all payments are non-refundable except as required by law or at our sole discretion. If you cancel during the trial period, you will not be charged.

5. Acceptable Use

You agree not to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Upload malicious code or viruses
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use the Services for illegal or fraudulent purposes
• Reverse engineer or decompile our software
• Resell or redistribute the Services without permission
• Use automated systems to access the Services excessively

6. Intellectual Property

6.1 Our IP

The Services, including all software, algorithms, designs, trademarks, and content, are owned by BrainPredict OÜ and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Services.

6.2 Your Data

You retain all rights to your data. By using our Services, you grant us a license to process your data solely to provide the Services. We will not use your data for any other purpose without your consent.

7. Data Privacy and Security

We take data privacy and security seriously. Our data practices are governed by our Privacy Policy. Key commitments:

• GDPR, CCPA, HIPAA, SOC 2, ISO 27001, FDA 21 CFR Part 11, and EU Data Act compliant
• End-to-end encryption
• Regular security audits
• Data backup and disaster recovery

7.1 Federated Learning (Optional Opt-In/Opt-Out)

Overview

BrainPredict offers an optional federated learning feature that enables your AI models to benefit from collective intelligence across multiple BrainPredict customers while maintaining complete privacy. This feature is enabled by default, but you may opt-out at any time via Settings → Data & Privacy.

Your Consent

By using our Services with federated learning enabled, you consent to:

• Local training of AI models on your premises using your data
• Extraction and encryption of model weights (mathematical parameters, not your data)
• Sharing of encrypted model weights with the BrainPredict federated learning infrastructure
• Aggregation of your encrypted model weights with those from other customers
• Receiving aggregated model improvements to enhance your AI models

Privacy Protections

We guarantee the following privacy protections for federated learning:

• Zero-Knowledge Architecture: BrainPredict never accesses your raw data
• Data Stays On-Premise: All training happens on your infrastructure
• AES-256 Encryption: All model weights are encrypted before transmission
• Differential Privacy: Noise added to model weights (epsilon=0.1) prevents reverse-engineering
• Secure Aggregation: Cryptographic protocols prevent individual contribution identification
• No Individual Data Points: Model weights represent aggregate patterns only

Opt-Out Rights

You have the right to opt-out of federated learning at any time:

• How to Opt-Out: Navigate to Settings → Data & Privacy and toggle "Enable Federated Learning" to OFF
• Immediate Effect: Opt-out takes effect immediately - no further model weights will be shared
• No Penalties: Opting out does not affect your service quality, pricing, support, or access to features
• Re-Enable Anytime: You may re-enable federated learning at any time
• No Questions Asked: We respect your decision without requiring justification

What Happens When You Opt-Out

When you opt-out of federated learning:

• Your AI models will only learn from your own data
• No model weights will be shared with the BrainPredict ecosystem
• You will not receive aggregated model improvements from other customers
• All other features and functionality remain unchanged
• Your service quality, pricing, and support remain unchanged

Compliance

Our federated learning implementation complies with GDPR, CCPA, HIPAA, SOC 2, ISO 27001, FDA 21 CFR Part 11, and EU Data Act (Regulation 2023/2854):

• GDPR: Data minimization, purpose limitation, privacy by design, right to object
• CCPA: No sale of personal information, consumer rights, opt-out mechanisms
• HIPAA: PHI protection, encryption, access controls, audit trails
• EU Data Act: Data portability, interoperability, switching provider rights, no vendor lock-in
• SOC 2: Security controls, confidentiality, privacy
• ISO 27001: Information security management
• EU AI Act: Transparency, accountability, human oversight

Questions

For questions about federated learning, contact us at privacy@brainpredict.ai. For detailed technical information, see our Privacy Policy and AI Learning Timeline.

8. Service Level Agreement (SLA)

We strive to provide 99.9% uptime for our Services. Our SLA commitments:

• Uptime: 99.9% monthly uptime guarantee
• Support: 24/7 email support, business hours phone support
• Response Time: Critical issues within 1 hour, standard issues within 24 hours
• Maintenance: Scheduled maintenance with 48-hour notice

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE LAST 12 MONTHS
• WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES OR CONTENT

10. Indemnification

You agree to indemnify and hold harmless BrainPredict OÜ from any claims, damages, losses, or expenses arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.

11. Termination

Either party may terminate this agreement:

• By You: Cancel your subscription at any time through your account settings
• By Us: Terminate for cause (violation of Terms) with immediate effect
• Effect: Upon termination, your access ends, and data is deleted per our retention policy

12. Governing Law

These Terms are governed by the laws of Estonia. Any disputes shall be resolved in the courts of Tallinn, Estonia. If you are a consumer in the EU, you may also have rights under your local consumer protection laws.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the platform. Your continued use after changes constitutes acceptance of the updated Terms.

14. Contact Information