Terms of Use and Agreement

Effective Date: August 8, 2026
Last Updated: August 8, 2026

These Terms of Use and Agreement (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “User”) and Brainwomb LLC (“Brainwomb,” “we,” “us,” or “our”) concerning your access to and use of Brainwomb’s website at www.brainwomb.com, including all associated content, features, software, services, and functionality (collectively, the “Website”).

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.

1. Acceptance of These Terms

By accessing, browsing, registering for, or using the Website, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy.

If you are using the Website on behalf of a company, organization, or other entity, you represent and warrant that you have authority to enter into these Terms on behalf of that entity.

2. Eligibility

You may use the Website only if you are legally capable of entering into a binding agreement and are otherwise permitted to use the Website under applicable law.

If you are under the applicable age of majority in your jurisdiction, you may use the Website only with the involvement and consent of a parent or legal guardian where required by applicable law.

3. Limited Right to Use the Website

Subject to your compliance with these Terms, Brainwomb grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Website for its intended purposes.

You may not use the Website in any manner that violates these Terms, applicable law, or the rights of Brainwomb or any third party.

4. Prohibited Conduct

You agree that you will not, directly or indirectly:

Copy, reproduce, republish, distribute, sell, license, modify, or create derivative works from Website content without authorization;
Copy or reproduce the Website's software, source code, object code, design, functionality, or other proprietary technology except as expressly permitted by law or by Brainwomb;
Reverse engineer, decompile, disassemble, decode, or otherwise attempt to discover the source code, underlying ideas, algorithms, or structure of Website software, except to the extent applicable law expressly permits such activity;
Circumvent, disable, interfere with, or attempt to defeat security features or access controls;
Access or attempt to access accounts, systems, networks, data, or portions of the Website that you are not authorized to access;
Use automated systems, bots, scrapers, crawlers, or similar technologies to access or extract information from the Website except as expressly authorized by Brainwomb or permitted by law;
Upload, transmit, publish, or otherwise make available material that is unlawful, fraudulent, threatening, defamatory, obscene, abusive, harassing, hateful, or otherwise prohibited by applicable law;
Upload or transmit material that infringes or misappropriates another person's copyright, trademark, patent, trade secret, privacy rights, publicity rights, or other intellectual-property or proprietary rights;
Upload malware, viruses, malicious code, or other harmful or disruptive material;
Impersonate another person or entity or misrepresent your affiliation with another person or entity;
Use the Website to commit, facilitate, encourage, or conceal unlawful activity;
Use the Website to harass, threaten, defraud, exploit, or harm another person;
Attempt to interfere with the operation, availability, security, or integrity of the Website;
Use the Website in a manner that could damage, overburden, or impair the Website or its infrastructure;
Attempt to obtain unauthorized access to another User's account or information; or
Assist, encourage, or permit another person to engage in any prohibited activity.

Brainwomb reserves the right to determine, in its reasonable discretion, whether conduct violates these Terms or threatens the security, integrity, or proper operation of the Website.

5. User-Submitted Content

If the Website permits you to upload, submit, post, transmit, or otherwise provide content (“User Content”), you are solely responsible for that content and for ensuring that you have all rights, permissions, licenses, and consents necessary to submit and use it.

You represent and warrant that your User Content:

Does not violate applicable law;
Does not infringe or misappropriate the rights of another person or entity;
Does not contain unlawful, fraudulent, threatening, defamatory, obscene, abusive, or otherwise prohibited material;
Does not contain malware, viruses, malicious software, or other harmful code; and
Does not violate these Terms or applicable third-party terms.

Brainwomb may remove, restrict, disable access to, or refuse to publish User Content that it reasonably believes violates these Terms, applicable law, or the rights of others.

Brainwomb is not obligated to monitor all User Content. The absence of monitoring does not constitute approval or endorsement of User Content.

6. Intellectual Property

The Website and its content, including text, graphics, logos, trademarks, images, audio, video, software, designs, interfaces, databases, and other materials, are owned by Brainwomb or licensed to Brainwomb and are protected by applicable intellectual-property laws.

Except as expressly permitted by these Terms or applicable law, you may not reproduce, distribute, modify, publicly display, publicly perform, publish, create derivative works from, sell, license, or otherwise exploit Website materials without Brainwomb's prior written authorization.

Nothing in these Terms transfers ownership of Brainwomb's intellectual property to you.

7. Copyright Complaints and DMCA

Brainwomb respects intellectual-property rights and may respond to notices of alleged copyright infringement in accordance with applicable law.

If the Website qualifies for protections under the Digital Millennium Copyright Act (“DMCA”), Brainwomb may maintain procedures for receiving and responding to copyright-infringement notices.

A copyright-infringement notification should contain the information required by applicable law.

Brainwomb may remove or disable access to material alleged to be infringing and may take other actions permitted by applicable law.

8. Third-Party Services

The Website may contain links to, integrate with, or rely upon third-party websites, applications, platforms, software, payment processors, hosting providers, analytics services, social-media platforms, and other external services (“Third-Party Services”).

Third-Party Services may be subject to separate terms, conditions, privacy policies, and other agreements.

By using a Website feature that relies upon a Third-Party Service, you agree to comply with the applicable terms and policies of that provider.

Brainwomb does not control and is not responsible for the availability, accuracy, security, privacy practices, content, policies, or conduct of Third-Party Services.

Your use of a Third-Party Service may affect how your information is collected, processed, stored, or disclosed and may affect the remedies available to you in the event of a dispute with that third party.

9. Account and Information Security

If the Website permits you to create an account, you are responsible for maintaining the confidentiality of your login credentials and for activity occurring through your account.

You agree to promptly notify Brainwomb if you suspect unauthorized access to your account.

10. Suspension and Termination

Brainwomb may suspend, restrict, or terminate your access to the Website, with or without notice where permitted by law, if:

You violate these Terms;
You provide false or misleading information;
Your conduct presents a security or legal risk;
Your use of the Website may harm Brainwomb, another User, or a third party;
You engage in unlawful, fraudulent, abusive, or infringing activity; or
Brainwomb reasonably determines that suspension or termination is necessary to protect the Website, its users, or its business.

Upon termination, your right to access and use the Website immediately ends.

Termination does not limit any rights or remedies that Brainwomb may have under these Terms, applicable law, or equity.

11. Legal Remedies and Enforcement

You acknowledge that certain violations of these Terms may cause substantial harm to Brainwomb that may not be adequately compensated by monetary damages alone.

To the extent permitted by applicable law, Brainwomb may seek available legal or equitable remedies for violations of these Terms, including injunctive relief, equitable relief, damages, recovery of costs and attorneys' fees where permitted, and other remedies available under applicable law.

Brainwomb may also cooperate with law enforcement, governmental authorities, or other appropriate parties when Brainwomb reasonably believes that conduct involving the Website may violate applicable law or present a threat to persons, property, or the security of the Website.

Nothing in these Terms requires Brainwomb to report conduct unless Brainwomb determines that reporting is appropriate or required by law.

12. Privacy

Your use of the Website is also subject to Brainwomb's Privacy Policy, which explains how we collect, use, disclose, retain, and protect personal information.

The Privacy Policy is incorporated into these Terms by reference.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

BRAINWOMB DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT LAWFULLY BE DISCLAIMED.

BRAINWOMB DOES NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE AVAILABLE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINWOMB LLC AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINWOMB LLC'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED [INSERT AMOUNT OR FORMULA].

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited.

15. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Brainwomb LLC and its owners, officers, directors, employees, contractors, affiliates, licensors, and service providers from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees where permitted by law, arising from or related to:

Your violation of these Terms;
Your User Content;
Your violation of another person's rights; or
Your unlawful or unauthorized use of the Website.

16. Changes to These Terms

Brainwomb may modify these Terms from time to time.

When changes are made, Brainwomb will update the “Last Updated” date above and may provide additional notice when required by applicable law.

Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

17. Governing Law and Disputes

These Terms will be governed by and interpreted in accordance with the laws of the State of New York, without regard to its conflict-of-laws principles, except to the extent federal law applies.

Any dispute arising from or relating to these Terms or the Website shall be brought in the state or federal courts located in New York County, NY, unless applicable law requires otherwise.

18. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

19. No Waiver

Brainwomb's failure to enforce any provision of these Terms does not constitute a waiver of its right to enforce that provision or any other provision in the future.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other policies expressly incorporated into these Terms, constitute the entire agreement between you and Brainwomb concerning your use of the Website and supersede prior or contemporaneous understandings concerning the subject matter covered by these Terms.