Effective Date: 15 June 2025
Last Updated: 15 June 2025
1. ACCEPTANCE OF TERMS
These Terms of Service ("Terms") constitute a legally binding agreement between Brainiacs OÜ, an Estonian company ("Brainiacs," "we," "us," or "our") and you or the entity you represent ("Customer," "you," or "your"). By accessing or using our B2B lead generation services (the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. DESCRIPTION OF SERVICES
Brainiacs provides business-to-business lead generation and data enrichment services.
Our Services include:
Identification of potential business contacts and opportunities
Data enrichment and contextualization
Integration with Customer-managed systems
Reporting and analytics tools
The Services are designed exclusively for B2B commercial purposes and may not be used for consumer marketing or personal use.
3. CUSTOMER ACCOUNTS
3.1 Account Registration
You must provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
3.2 Eligibility
The Services are available only to businesses and individuals capable of forming legally binding contracts. By using the Services, you represent that you are at least 18 years old and have the authority to bind your organization.
4. ACCEPTABLE USE
4.1 Permitted Use
You may use the Services solely for lawful B2B sales and marketing activities in compliance with all applicable laws and regulations.
4.2 Prohibited Uses
You agree NOT to:
Use the Services for any unlawful purpose or in violation of any applicable regulations
Resell, redistribute, or sublicense any data obtained through the Services
Use the Services for consumer marketing or B2C activities
Attempt to re-identify anonymized data or reverse engineer the Services
Use the Services in any manner that could damage, disable, or impair our systems
Violate any third-party rights or applicable data protection laws
Use automated systems to access the Services beyond permitted API limits
5. DATA AND INTELLECTUAL PROPERTY
5.1 Customer Data
You retain all rights to data you upload or input into the Services ("Customer Data"). You grant Brainiacs a limited, non-exclusive license to process Customer Data solely to provide the Services.
5.2 Service Data
All data generated, compiled, or enhanced by Brainiacs through the Services remains our exclusive property. We grant you a limited, non-exclusive, non-transferable license to use such data solely for your internal B2B purposes during your subscription term.
5.3 Feedback
Any suggestions, feedback, or recommendations you provide regarding the Services shall become our property and may be used without compensation or attribution.
6. DATA PROCESSING AND PRIVACY
6.1 Data Processing
We process data in accordance with our Privacy Policy and applicable data protection laws. Our data processing activities are conducted within the European Economic Area.
6.2 Customer Responsibilities
You represent and warrant that:
You have all necessary rights and consents to use the Services
Your use of data obtained through the Services complies with applicable laws
You will honor any opt-out or data subject requests related to your use of the Services
6.3 Data Accuracy
THE SERVICES AND ALL DATA ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY DATA. DATA MAY BE UPDATED PERIODICALLY BUT IS NOT REAL-TIME. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND SUITABILITY OF ANY DATA FOR YOUR INTENDED USE.
7. FEES AND PAYMENT
7.1 Subscription Fees
You agree to pay all fees according to your selected subscription plan. All fees are non-refundable except as required by law.
The subscription fee does not include Language Learning Model (LLM) usage costs. LLM usage operates on a prepaid credit system where you purchase credits in advance, and the service deducts from your credit balance based on actual usage. LLM usage is subject to separate pricing terms and payment methods as described in our current pricing documentation.
7.2 Taxes
Fees are exclusive of all taxes, and you are responsible for all applicable taxes except those based on our net income.
7.3 Payment, Prices and Billing
We reserve the right to modify our payment structures, billing methods, and pricing models in accordance with market conditions and operational requirements. You are responsible for maintaining sufficient payment arrangements to ensure uninterrupted service access.
8. CONFIDENTIALITY
Each party agrees to maintain the confidentiality of the other party's confidential information and use such information solely for purposes of this agreement. This obligation does not apply to information that is publicly available, rightfully received from third parties, or required to be disclosed by law.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
9.1 DISCLAIMERS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 LIMITATION OF LIABILITY
IN NO EVENT SHALL BRAINIACS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Brainiacs and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
Your use of the Services
Your violation of these Terms
Your violation of any rights of another party
Your use or misuse of any data obtained through the Services