Terms of Use

These Terms of Use (the “Terms”) govern your access to and use of the website and services provided by Asvertia S.L. (owner of the Brainogen™ trademark), hereinafter referred to as “Brainogen,” “we,” “us,” or “our.” By accessing or using our website and services, you agree to comply with and be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing, browsing, or using the Website and any related services (collectively, the “Services”), you agree to be legally bound by these Terms, as well as all applicable laws and regulations. If you do not agree to these Terms, you must immediately cease using the Services.

2. Changes to the Terms

Brainogen reserves the right to update, modify, or discontinue any aspect of the Services or these Terms at any time without prior notice. Continued use of the Services following any such changes constitutes your acceptance of the updated Terms. We encourage you to review the Terms regularly.

3. Use of Services

You agree to use the Services solely for lawful purposes and in accordance with these Terms. You may not use the Services:

  • In any way that violates any applicable national or international law or regulation.
  • To transmit or facilitate the sending of any unsolicited advertising or promotional material.
  • To impersonate or attempt to impersonate Brainogen, another user, or any other person or entity.
  • To create, produce, or distribute content that is unlawful, adult in nature, promotes violence, racism, hate speech, or any other content that is considered offensive or inappropriate.

4. User Responsibility for Generated Content

While Brainogen provides the platform for content generation, the user is solely responsible for the content they create using our Services. This includes ensuring that their content complies with all applicable laws, regulations, and these Terms. Brainogen is not responsible for any legal issues that arise from the content users generate.

However, the user retains the copyright of the content they generate (e.g., blog posts) through the platform. Once the content is transferred to the user’s website, it becomes their full responsibility to manage, publish, and maintain it.

5. Deletion of Generated Content

Once the user successfully generates content (such as blog posts) and publishes it on their own website, Brainogen will delete the content from our servers. We do not store user-generated content after it has been transferred to their site, ensuring the user’s ownership and security of their data.

6. User Accounts

To access certain features of the Services, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Brainogen immediately of any unauthorized access or use of your account.

7. Intellectual Property Rights

All content, including but not limited to text, graphics, logos, and software on the Website and Services, is the exclusive property of Brainogen or its licensors and is protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from any part of the Services without our explicit written consent.

8. No Warranties

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. To the fullest extent permitted by law, Brainogen and its licensors explicitly disclaim all warranties, whether express or implied, including but not limited to:

  • Implied warranties of merchantability.
  • Fitness for a particular purpose.
  • Quiet enjoyment.
  • Non-infringement.

We make no representations or warranties regarding the availability, accuracy, or completeness of the Services, and we assume no liability or responsibility for any errors, omissions, or interruptions in the Services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINOGEN AND ITS AFFILIATES, LICENSORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Services, whether based in contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Brainogen’s total liability to you for any claims arising from or related to the Services is limited to the amount you paid, if any, for access to and use of the Services during the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Brainogen, its licensors, affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney’s fees) arising out of or related to:

  • Your use of the Services.
  • Your violation of these Terms or any applicable law.
  • Any content or data you upload, submit, or transmit through the Services.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of Barcelona, Spain.

12. Termination

Brainogen reserves the right to terminate or suspend your access to the Services at any time and for any reason, without prior notice. Upon termination, your right to use the Services will immediately cease.

13. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Services, you consent to the collection and processing of your personal data in accordance with our Privacy Policy.

14. Entire Agreement

These Terms constitute the entire agreement between you and Brainogen regarding your use of the Services and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision, and Brainogen’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.