Terms of Service

Account Creation

To use the Service, you must create an account by providing accurate and complete information. You agree to:

• Provide truthful and accurate registration information
• Maintain and update your information to keep it current
• Use your own email address (no shared accounts)

Account Security

You are responsible for maintaining the security of your account credentials, including your password and any API keys you provide. You agree to:

• Keep your password confidential and not share it with others
• Notify us immediately at support@brainsmithy.ai of any unauthorized access
• Accept responsibility for all activities that occur under your account
• Not allow others to use your account

Integration Management

You are responsible for managing OAuth authorizations and integration connections. You acknowledge that:

• Granting OAuth permissions allows the Service to access your third-party accounts
• You can revoke these permissions at any time
• You are responsible for reviewing and understanding the scopes requested
• Actions executed through integrations are performed on your behalf

OAuth Authorization

When you connect a third-party service via OAuth, you grant Conduit the permissions (scopes) necessary to perform actions on your behalf. You acknowledge that:

• You have reviewed and understand the permissions being requested
• Conduit will only use these permissions to execute your explicit instructions
• You can revoke these permissions at any time through your account settings or the third-party service's settings

Revocation

You may disconnect any integration at any time. Disconnecting an integration will:

• Revoke Conduit's access to that service
• Prevent future actions from being executed on that service
• Soft-delete the encrypted OAuth tokens from our database (hard deletion available upon request)

Third-Party Terms

Your use of integrated third-party services is governed by those services' own terms of service and privacy policies. We are not responsible for the practices or policies of third-party services. These include but are not limited to:

• Google (Gmail, Calendar)
• GitHub
• Slack
• Notion
• Stripe
• PayPal
• OpenRouter and underlying LLM providers

API Keys (BYOK)

If you use the Flex plan and provide your own API keys for services like OpenRouter or Stripe:

• You are responsible for securing those API keys and managing your account with the provider
• We encrypt your API keys using AES-256-GCM before storing them
• We will only use these keys to execute actions you explicitly request
• You remain subject to the provider's terms of service and pricing
• We are not responsible for charges incurred through your API keys

Action Approval

The Service includes mechanisms for you to approve or reject actions before they are executed. You maintain ultimate control over which actions are performed on your behalf.

Auto-Approve Settings

You may enable "auto-approve" settings for certain types of actions. By enabling auto-approve:

• You acknowledge that actions will be executed automatically without additional confirmation
• You accept full responsibility for the consequences of those actions
• You understand that you can disable auto-approve at any time

User Liability for Actions

You are fully responsible for all actions executed through the Service, whether approved manually or automatically. This includes but is not limited to:

• Emails sent on your behalf
• Calendar events created or modified
• Repository changes made via GitHub
• Messages posted to Slack
• Payments processed through Stripe or PayPal
• Any other actions performed through integrated services

Data Accuracy

AI-generated responses and actions may contain errors, inaccuracies, or unintended consequences. You acknowledge that:

• AI is not infallible and may produce incorrect results
• You should verify critical or important actions before approving them
• We are not liable for errors or consequences resulting from AI-generated actions

Conduit's Intellectual Property

All rights, title, and interest in and to the Service, including but not limited to software code, design, branding, trademarks, and documentation, are owned by Brainsmithy, LLC. and are protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service for your personal or internal business purposes in accordance with these Terms. This license does not grant you any ownership rights in the Service.

User Content

You retain all ownership rights to content you create, upload, or provide through the Service ("User Content"). This includes:

• Messages and conversations with the AI assistant
• Tasks and task descriptions
• Data from your integrated services

License Grant to Us

By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, process, store, and display your User Content solely for the purpose of:

• Providing and improving the Service
• Processing your requests through AI and integrations
• Maintaining backups and security
• Complying with legal obligations

This license terminates when you delete your content or account, except where retention is required by law.

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unlimited, irrevocable, perpetual, royalty-free license to use that Feedback for any purpose, including incorporating it into the Service, without compensation or attribution to you.

Maximum Liability

In no event shall our total liability to you for all claims arising out of or related to these Terms or the Service exceed the total amount you paid to us in the twelve (12) months preceding the claim.

Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from actions executed through the Service
• Damages caused by third-party services or integrations
• Damages resulting from unauthorized access to your account
• Damages arising from errors or inaccuracies in AI-generated content

Third-Party Services

We are not liable for any damages, losses, or consequences arising from your use of third-party services accessed through the Service, including but not limited to Google, GitHub, Slack, Notion, Stripe, PayPal, OpenRouter, and Zep Cloud.

Basis of the Bargain

You acknowledge that these limitations of liability are a fundamental element of the basis of the bargain between you and Brainsmithy, LLC., and that we would not provide the Service without these limitations.

Termination by You

You may terminate your use of the Service at any time by:

• Canceling your subscription through your account settings
• Requesting account deletion by contacting support@brainsmithy.ai

Upon cancellation of a subscription, you will retain access to premium features until the end of your current billing period. No refunds will be provided for unused time.

Termination by Us

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent or illegal activity
• Non-payment of fees
• Actions that harm or could harm the Service or other users
• Our decision to discontinue the Service

Effect of Termination

Upon termination of your account:

• Your access to the Service will cease immediately
• Integration connections will be disconnected
• Your data will be retained or deleted in accordance with our Privacy Policy
• You will no longer be charged for subscription fees
• No refunds will be provided for prepaid fees or unused actions

Survival

The following sections shall survive termination of these Terms: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Jurisdiction

You agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Informal Resolution

Before filing any formal legal action, you agree to first contact us at legal@brainsmithy.ai to attempt to resolve the dispute informally. We will make a good faith effort to resolve disputes through informal negotiation.

No Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Brainsmithy, LLC. regarding the Service and supersede all prior or contemporaneous agreements, understandings, or communications.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of Brainsmithy, LLC.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms or any rights under these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.