Terms of Use

These Terms include an agreement to resolve disputes through individual arbitration, a class-action waiver, and a jury-trial waiver (Section 15), and they limit our liability (Section 13). These provisions affect your legal rights and are explained in full below.

These Terms are a binding agreement between you and Evergreen Consistency LLC governing your access to and use of the BrainMaxing mobile application, the website at https://brainmaxing.ai, and related services (together, the “Service”). By downloading, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of legal majority in your jurisdiction, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf. By using the Service, you represent and warrant that you meet these requirements, that you are not barred from using the Service under applicable law, and that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country, and are not on any U.S. Government list of prohibited or restricted parties.

2. The Service

BrainMaxing is a learning application that uses artificial intelligence to generate short, personalized lessons and active-recall exercises on topics you choose, and tracks your progress (such as streaks and experience points). We may add, change, suspend, or discontinue features at any time. We do not guarantee that the Service, or any particular content or feature, will always be available, uninterrupted, or error-free.

3. Your account

• Sign-in. You may use parts of the Service anonymously or create an account using Sign in with Apple or Google Sign-In. You are responsible for maintaining the confidentiality and security of your device and credentials and for all activity under your account.
• Accurate information. You agree to provide accurate information and to keep it current.
• Unauthorized use. Notify us promptly at ben@brainmaxing.ai if you suspect unauthorized use of your account.

4. Subscriptions, free trials, and billing

• Subscriptions. Certain features require a paid subscription (“Premium”). Subscriptions are sold as auto-renewing subscriptions through the Apple App Store or Google Play and are managed using RevenueCat.
• Free trial. We may offer a free trial (for example, a 7-day trial). The trial length and terms are disclosed at the point of purchase. Unless you cancel before the trial ends, the trial automatically converts to a paid subscription and your payment method is charged.
• Auto-renewal. Subscriptions automatically renew for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours prior to the end of the current period.
• Managing and canceling. You manage and cancel subscriptions through your App Store or Google Play account settings. Deleting the app does not cancel your subscription.
• Refunds. Payments are processed by Apple or Google, and refunds are subject to their policies. Except where required by law, payments are non-refundable, and we do not provide refunds or credits for partial periods.
• Price changes. We may change subscription prices. Where required, changes will be communicated and will apply only after notice and, where required, your consent.
• Taxes. Prices may include or be subject to applicable taxes.

5. AI-generated content — important disclaimer

The Service uses AI (including Anthropic’s Claude models) to generate lessons and other content automatically. AI-generated content can be inaccurate, incomplete, outdated, or misleading, and may produce statements that sound authoritative but are wrong.

• All lessons and content are provided for general educational and informational purposes only and for your personal, non-commercial use.
• Content is not professional advice and is not a substitute for professional judgment. Do not rely on it as medical, legal, financial, tax, mental-health, safety, engineering, or other professional advice. Always consult a qualified professional and verify important information independently before acting on it.
• You use AI-generated content at your own risk. To the maximum extent permitted by law, we disclaim responsibility for any decision you make or action you take based on it.

6. Your inputs and content

• Your inputs. “User Inputs” means the topics, prompts, text, and other content you submit. You are responsible for your User Inputs and represent that you have the rights to submit them and that they do not violate these Terms or any law or third-party right.
• License to operate the Service. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display your User Inputs and the resulting outputs solely to operate, provide, secure, and improve the Service and as described in our Privacy Policy. We do not claim ownership of your User Inputs.
• Outputs. As between you and us, and subject to these Terms and the rights of our providers, you may use the lesson content generated for you for your personal, non-commercial learning. Due to the nature of AI, outputs may not be unique, and similar content may be generated for others.

7. Acceptable use

You agree not to, and not to permit anyone to:

1. use the Service for any unlawful, harmful, fraudulent, infringing, or abusive purpose;
2. submit inputs intended to generate content that is illegal, harmful, harassing, hateful, sexually exploitative (especially involving minors), or that promotes violence or self-harm;
3. attempt to probe, scan, jailbreak, reverse engineer, decompile, or circumvent any security or usage controls of the Service or its AI systems, except to the extent such restriction is prohibited by applicable law;
4. interfere with, disrupt, or overload the Service or its infrastructure, or use bots, scrapers, or automated means to access it without our permission;
5. resell, sublicense, or commercially exploit the Service or its content without our prior written consent;
6. use the Service to develop a competing product or to train a competing AI model; or
7. misrepresent your identity or affiliation, or violate the rights of others.

We may investigate and take appropriate action, including suspending or terminating access, for any violation.

8. Intellectual property

The Service, including its software, design, text, graphics, the BrainMaxing name and logo, and all related intellectual property (excluding your User Inputs and third-party content), is owned by Evergreen Consistency LLC or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial purposes. All rights not expressly granted are reserved. You may not use our trademarks without our prior written permission.

9. Feedback

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or compensation to you.

10. Third-party services

The Service relies on and links to third-party services, including Apple, Google, Anthropic, RevenueCat, Supabase, Vercel, and Resend. Your use of those services may be subject to their separate terms and policies. We are not responsible for third-party services, and your dealings with them are solely between you and the third party.

11. Termination

You may stop using the Service at any time and may delete your data from within the app. We may suspend or terminate your access to the Service at any time, with or without notice, including if we believe you have violated these Terms or to protect the Service or others. Upon termination, the licenses granted to you end; Sections that by their nature should survive (including Sections 5, 6, 8, 9, and 12–17) will survive.

12. Disclaimers of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT (INCLUDING AI-GENERATED CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CONTENT WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• No indirect damages. EVERGREEN CONSISTENCY LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
• Liability cap. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100).
• These limitations apply regardless of the legal theory and are essential elements of the bargain between you and us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case, our liability is limited to the maximum extent permitted by law.

14. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Evergreen Consistency LLC and its officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Inputs; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right.

15. Dispute resolution; arbitration; class-action waiver

This Section governs how disputes between you and us are resolved and affects your legal rights. It is set out in detail below.

• 15.1 Informal resolution first. Before starting an arbitration or filing a claim, you agree to first attempt to resolve the dispute with us informally by emailing ben@brainmaxing.ai with a description of the dispute and your contact information. We will attempt to resolve it within 60 days. If we cannot, either party may proceed to arbitration.
• 15.2 Agreement to arbitrate. Except for the exceptions below, you and we agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms (including how they were formed, whether they were breached, and whether they are valid) will be resolved by final and binding individual arbitration, rather than in court. Arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and conducted in English. The arbitrator decides questions about the scope and enforceability of this arbitration agreement. A court of competent jurisdiction may enter judgment on the arbitrator’s award.
• 15.3 Governing law for this section. This arbitration agreement is governed by the Federal Arbitration Act (FAA).
• 15.4 No class actions; no jury trial. You and we agree to bring claims against each other only as individuals — not as a plaintiff or class member in any class, collective, or representative action. The arbitrator may not combine more than one person’s claims or oversee any class or representative proceeding. You and we also waive the right to a jury trial.
• 15.5 Small-claims exception. Instead of arbitration, either of us may bring an individual claim in small-claims court if it qualifies for that court.
• 15.6 Injunctive / IP exception. Either of us may ask a court for an injunction or similar relief to protect intellectual-property or confidential-information rights.
• 15.7 30-day right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing ben@brainmaxing.ai with your name and a statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.
• 15.8 Severability. If the class-action waiver in 15.4 is found unenforceable for a particular claim or type of relief, that claim or relief will be handled in court while the rest proceeds in arbitration.

16. Governing law and venue

These Terms and any dispute not subject to arbitration are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and, where applicable, by the Federal Arbitration Act. Subject to Section 15, you and we agree that any permitted court action will be brought exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction and venue there. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Apple App Store — additional terms

These terms apply if you obtained the app from the Apple App Store:

1. These Terms are between you and Evergreen Consistency LLC only, not with Apple. Apple is not responsible for the app or its content.
2. The license granted to you is limited to a non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms.
3. Apple has no obligation to provide maintenance or support for the app. Direct any support questions to us at ben@brainmaxing.ai.
4. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility, not Apple’s.
5. Apple is not responsible for addressing any claims by you or a third party relating to the app, including product-liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer-protection or similar laws (including in connection with the app’s use of HealthKit/HomeKit frameworks, if applicable).
6. In the event of a third-party claim that the app or your use of it infringes intellectual-property rights, Evergreen Consistency LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of such claim.
7. You represent that you are not located in a U.S.-embargoed country or on a U.S. Government prohibited-parties list (see Section 1).
8. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

(If you obtained the app from Google Play, you likewise acknowledge that these Terms are between you and us, not Google, and that Google is not responsible for the app.)

18. Copyright / DMCA

We respect intellectual-property rights. If you believe content on the Service infringes your copyright, send a notice to ben@brainmaxing.ai (Attn: DMCA Agent) including: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act. We may remove allegedly infringing material and terminate repeat infringers.

19. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where required by law, provide additional notice (for example, in the app). Changes are effective when posted unless stated otherwise. Your continued use of the Service after changes take effect constitutes acceptance. If you do not agree, stop using the Service.

20. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Electronic communications. You consent to receive communications from us electronically, and you agree that electronic communications satisfy any legal requirement that communications be in writing.
• Notices. Legal notices to us must be sent to ben@brainmaxing.ai.
• Relationship. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and us.

21. Contact

• Support & legal notices: ben@brainmaxing.ai