Terms and Conditions of Brainvine Marketing Suite

1. Definitions

In these terms, the following is understood as:

• Brainvine: the private company Brainvine B.V., located in Amsterdam, registered with the Chamber of Commerce under number 91556961.

• Service: the software-as-a-service that Brainvine offers under the name “Brainvine Marketing Suite,” including all modules, features, and updates.

• Customer: any natural person or legal entity that registers for and uses the Service in the exercise of a profession or business (B2B).

• Account: the digital environment created by the Customer to gain access to the Service.

• Subscription: the chosen subscription type as published on www.brainvine.ai.

2. Applicability

1. These general terms and conditions apply to all offers, agreements, and use of the Service.

2. Deviations apply only if agreed upon in writing.

3. Conclusion of Agreement

1. The agreement is established by registering an Account and accepting these terms.

2. Brainvine may refuse or terminate a registration if abuse or violation of these terms is suspected.

4. License & Use

1. Brainvine grants the Customer a non-exclusive, non-transferable, and revocable right to use the Service within the chosen Subscription.

2. The Customer is prohibited from copying, reselling, reverse engineering, or otherwise using the Service in violation of the agreed purpose.

3. The Customer is fully responsible for the content generated with the Service and its use.

5. Subscriptions, Rates, and Payment

1. Subscription rates are listed on the website and are exclusive of VAT.

2. Payment is processed via Stripe (including iDEAL, SEPA, credit card) via direct debit.

3. For Team subscriptions, invoicing occurs afterward in accordance with the agreed terms.

4. Subscription fees are due at the start of the chosen period and are non-refundable.

5. Brainvine will generally not change rates for existing customers during the term of their Subscription. Only in exceptional circumstances (for example, significant changes in the service, external costs, or legislation) may Brainvine decide to adjust the price. In that case, the Customer will be clearly notified in writing well in advance and has the right to cancel the Subscription free of charge before the change takes effect.

6. Duration and Termination

1. Subscriptions are entered into on a monthly or yearly basis, depending on the Customer's choice.

2. Termination can be carried out by the Customer independently via the profile page. The subscription remains active until the end of the current period.

3. After the subscription ends, the Account and the data contained within will remain. The Customer can reactivate the subscription at any time.

4. If the Customer permanently deletes the Account via the profile page, all data will be irretrievably deleted, subject to legal retention obligations.

7. Data and Privacy

1. Brainvine retains customer data indefinitely as long as the Account exists. Deletion only occurs at the request of the Customer or upon termination with account deletion.

2. Customers cannot export their data. Data is accessible as long as the Account is active.

3. Brainvine processes personal data in accordance with the GDPR and the privacy policy published on the website.

8. Availability and Support

1. Brainvine strives for good availability of the Service but gives no guarantees or service levels.

2. Brainvine relies on external APIs and cannot guarantee uninterrupted operation.

3. Support is provided via email and chat during office hours, and by phone during office hours. Live chat and the AI bot are available 24/7.

9. Intellectual Property

1. All intellectual property rights in the Service, software, code, and trademark belong to Brainvine.

2. All output generated by the Service is the sole property of the Customer, including commercial usage rights.

10. Liability

1. The use of the Service is entirely at the Customer's own risk.

2. Brainvine is not liable for:

   • inaccuracies or incompleteness in generated content;

   • damage due to unavailability or malfunction of the Service;

   • indirect damage such as lost profits, reputational damage, or data loss.

3. Any liability of Brainvine is excluded, except in cases of intent or gross negligence.

4. In that case, liability is limited to an amount equal to the fees paid by the Customer in the twelve (12) months preceding the event.

11. Indemnity

The Customer indemnifies Brainvine against all claims from third parties related to the content generated or used by the Customer and the use of the Service.

12. Force Majeure

Brainvine is not obliged to fulfill obligations in the event of force majeure, including but not limited to disruptions in the internet or telecommunications infrastructure, outages of external APIs, DDoS attacks, or other events beyond the control of Brainvine.

13. Changes to Terms

1. Brainvine can change these terms.

2. Changes will be communicated to the Customer in a timely manner. If the Customer does not agree, they may terminate the subscription.

14. Applicable Law and Disputes

1. These terms and agreements are governed exclusively by Dutch law.

2. Disputes will be submitted to the competent court in Amsterdam.