Terms of Service

By creating an account, accessing, or using the Ex.Brain platform, you confirm that you are at least 18 years old, have the legal authority to enter into these Terms on behalf of yourself or your organization, and agree to be bound by these Terms and our Privacy Policy.

If you are using Ex.Brain on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" in these Terms will refer to both you and the organization.

Ex.Brain provides a company intelligence platform that enables organizations to capture, organize, and leverage institutional knowledge through AI-powered Brains. Our services include:

• Organizational Brain hierarchy creation and management
• AI Members — role-specific AI agents with persistent memory
• Knowledge ingestion, retrieval, and synthesis tools
• Secure, permissioned access to company intelligence
• Integration capabilities with third-party business tools

Ex.Brain reserves the right to modify, suspend, or discontinue any feature or service with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.

To use Ex.Brain, you must register for an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account at security@exbrain.ai
• Ensuring all users in your organization comply with these Terms

You may not share your account credentials or allow others to access your account. Each user within your organization must have their own account.

You agree to use Ex.Brain only for lawful purposes and in accordance with these Terms. You may not use our platform to:

• Violate any applicable law, regulation, or third-party rights
• Upload, store, or transmit malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to other accounts, systems, or networks
• Reverse engineer, decompile, or attempt to extract source code
• Resell, sublicense, or commercially exploit the platform without our express written consent
• Use automated means to scrape, crawl, or extract data from the platform
• Upload content that infringes on intellectual property rights, is defamatory, or is otherwise unlawful

We reserve the right to suspend or terminate access for violations of this acceptable use policy without prior notice.

Your content: You retain all ownership rights to the content, data, and knowledge you upload to or create within Ex.Brain ("Customer Content"). By using our platform, you grant Ex.Brain a limited, non-exclusive license to process and store your Customer Content solely to provide the services to you.

Ex.Brain intellectual property: The Ex.Brain platform, including all software, algorithms, interfaces, documentation, and branding, is owned by Ex.Brain and protected by intellectual property laws. You may not copy, modify, or create derivative works without our express written permission.

No AI training: Your Customer Content will never be used to train AI models, improve our services for other customers, or shared with any third party for model development.

Your use of Ex.Brain is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Ex.Brain, you consent to the collection and use of information as described in our Privacy Policy.

For enterprise customers requiring a Data Processing Agreement (DPA) for GDPR or other regulatory compliance, please visit our DPA page or contact us at privacy@exbrain.ai.

Ex.Brain offers subscription-based pricing. By subscribing to a paid plan, you agree to the following:

Subscription fees: Fees are charged per seat on a monthly or annual basis, depending on the plan you select. Current pricing is available on our pricing page. We reserve the right to change pricing with 30 days' notice.

Billing: Subscriptions are billed in advance. Your payment method will be charged at the beginning of each billing period. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

Failed payments: If payment fails, we will notify you and provide a grace period to update your payment method. If payment is not received within the grace period, we may suspend access to your account.

Taxes: Prices do not include applicable taxes. You are responsible for all taxes associated with your subscription.

Ex.Brain offers a 30-day trial for $1 (the "Trial Period"). During the Trial Period, you will have full access to the features included in your selected plan.

Auto-conversion: At the end of the Trial Period (day 31), your subscription will automatically convert to a paid subscription at the standard rate for your selected plan. Your payment method will be charged accordingly.

Cancellation before day 31: You may cancel before the Trial Period ends to avoid being charged. Cancellation can be done from your account settings or by contacting us at hello@exbrain.ai.

Eligibility: The $1 trial is available to new customers only, one per organization. We reserve the right to verify eligibility and to decline trial access at our discretion.

By you: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to your account until the end of the paid period.

By Ex.Brain: We reserve the right to suspend or terminate your account for violation of these Terms, non-payment, or any reason we determine constitutes risk to our platform or other users. We will provide reasonable notice where possible.

Effect of termination: Upon termination, your right to access Ex.Brain ceases immediately. Your Customer Content will be available for export for 30 days following termination, after which it will be deleted. Provisions of these Terms that by their nature should survive termination will do so.

THE EX.BRAIN PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EX.BRAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO EX.BRAIN IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain damages, so some of the above limitations may not apply to you.

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or your use of Ex.Brain shall be resolved exclusively in the state or federal courts located in Hennepin County, Minnesota, and you consent to personal jurisdiction in those courts.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

We may update these Terms from time to time. When we make material changes, we will notify you by email or by displaying a prominent notice within the platform at least 14 days before the changes take effect.

Your continued use of Ex.Brain after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using Ex.Brain and cancel your subscription before the new Terms take effect.

If you have questions about these Terms or our services, please contact us: