Terms of Service

Last updated: January 15, 2025 | Effective date: January 15, 2025

1. Agreement & Acceptance

By accessing and using the BrainIQ Cognetra platform, website, and services ("Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services. We may modify these terms at any time, and your continued use constitutes acceptance of changes.

2. Eligibility & Account

2.1 Age Requirements

You must be at least 18 years of age to use our services. Organizations must be legally registered entities in their respective jurisdictions.

2.2 Account Registration

You are responsible for:

Providing accurate, complete, and current information during registration
Maintaining confidentiality of account credentials
All activities occurring under your account
Notifying us immediately of unauthorized access

3. Services Description

BrainIQ Cognetra provides blockchain-based data integrity verification and validation services. Our platform enables real-time cryptographic validation, immutable ledger recording, and comprehensive audit trails. Services are provided on an as-is basis subject to these terms.

4. Acceptable Use Policy

You agree not to use our services for:

Illegal activities or violation of laws and regulations
Unauthorized access to systems or data
Creating malware, viruses, or malicious content
Harassing, threatening, or defaming others
Distributing copyrighted or proprietary content without permission
Spam, phishing, or fraudulent activities
Denial-of-service attacks or system interference
Reverse engineering or attempting to breach security

5. Data & Intellectual Property

5.1 Your Data

You retain ownership of data you submit for verification. By submitting data, you grant us a limited license to process, verify, and store it as necessary for service delivery. You are responsible for:

Ensuring you have legal right to submit data
Complying with data protection laws
Obtaining necessary consents from data subjects
Your data's accuracy and legality

5.2 Our Intellectual Property

All platform content, technology, and materials are our property. You may not:

Reproduce or distribute our proprietary technology
Modify, adapt, or create derivative works
Use our materials for commercial purposes without permission
Remove copyright or proprietary notices

6. Payment & Billing

6.1 Fees & Charges

Service fees are calculated based on your selected pricing plan. You authorize us to charge your payment method for:

Monthly or annual subscription fees
Overage charges exceeding plan limits
Additional services or professional consulting

6.2 Payment Terms

Invoices are due within 30 days of issuance. Late payment may result in service suspension. We reserve the right to update pricing with 30 days' notice.

6.3 Refunds

Service fees are non-refundable except where required by law. Refund requests must be submitted within 30 days of payment.

7. Warranties & Disclaimers

7.1 Service Availability

We provide services with 99% uptime guarantee for Starter plans, 99.9% for Professional plans, and 99.99% for Enterprise plans. We do not warrant uninterrupted or error-free service. Scheduled maintenance and emergency updates may cause temporary unavailability.

7.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR SERVICES ARE PROVIDED "AS IS."

                ⚠️ Important: While we employ advanced blockchain and cryptographic technologies, we cannot guarantee absolute data security or verification accuracy in all circumstances.
            

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Loss of revenue, profits, data, or business opportunities
Unauthorized data access despite our security measures
Service interruptions or system failures

Our total liability shall not exceed the amount you paid for services in the preceding 12 months.

9. Indemnification

You agree to indemnify and hold harmless BrainIQ Cognetra from any claims, damages, or costs arising from:

Your use of our services
Violation of these terms
Infringement of third-party rights by your data or usage
Your violation of applicable laws

10. Termination

10.1 Termination for Convenience

You may terminate your account at any time by notifying us in writing. Termination takes effect at the end of the billing period.

10.2 Termination for Cause

We may terminate your account immediately if you:

Violate these terms or applicable laws
Engage in fraudulent or malicious activities
Fail to pay charges due
Breach our Acceptable Use Policy

11. Data Retention After Termination

Upon account termination, we will delete your personal data within 90 days, except where retention is legally required. Data stored on the blockchain ledger remains permanently recorded.

12. Third-Party Services

Our platform integrates with third-party services (payment processors, cloud providers). We are not responsible for their functionality, privacy practices, or terms. Your use of third-party services is governed by their terms.

13. Governing Law & Dispute Resolution

13.1 Governing Law

These terms are governed by the laws of Vietnam, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes shall be resolved through:

Good faith negotiation (30 days)
Mediation with mutually agreed mediator
Binding arbitration in Ho Chi Minh City, Vietnam

14. Severability

If any provision is found invalid, it shall be severed, and remaining provisions continue in full force.

15. Contact Information

For questions regarding these terms, contact:

Email: legal@brainiq-cognetra.com
Address: Ho Chi Minh City, Vietnam

                📋 Acknowledgment: By using BrainIQ Cognetra services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
            