BRAINPACK TERMS OF SERVICE

1. Definitions

• "User," "you" means the individual or entity using the Service.
• "Account Owner" means the person or entity that registers for the Service and controls the account.
• "Authorized Users" means individuals the Account Owner permits to use the Service under its account (if applicable).
• "User Content" means any files, documents, text, data, prompts, metadata, or other materials you upload, submit, store, or provide to the Service, including content added to a Knowledge Base.
• "Knowledge Base" means the set of User Content organized within a Project for processing, Chat, and Training Mode.
• "Outputs" means any content generated by the Service from User Content, including structured files, summaries, logs, or similar artifacts.
• "BrainPack" means the Output package(s) generated by the Service for export/download, including structured files, summaries, logs, or similar artifacts.
• "Chat" means the in-product conversational interface that responds to questions based on your Knowledge Base and/or your inputs.
• "Training Mode" means the learning module(s) that deliver a multi-level course over a Knowledge Base, including routes, modules, quizzes, and assessments.
• "Project" means a workspace/container in the Service where User Content, Knowledge Base configurations, Chat, Training Mode, and Outputs are associated.
• "Third-Party Services" means third-party products/services integrated with or relied upon by the Service (e.g., cloud hosting, storage, analytics, email, LLM/embedding providers).
• "Third-Party Claim" means a claim brought by someone other than you or us (e.g., a copyright holder).

2. Eligibility and Accounts

You must be able to form a binding contract in your jurisdiction to use the Service. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You agree to provide accurate account information and keep it updated.

If you use the Service on behalf of an entity, you represent and warrant you have authority to bind that entity to these Terms, and "you" refers to that entity.

3. Changes to Terms

Armonia Automation LLC may modify these Terms from time to time. If Armonia Automation LLC makes material changes, Armonia Automation LLC will provide reasonable notice (e.g., via the Service, email, or account notification). Changes become effective on the date stated in the updated Terms. Your continued use of the Service after the effective date constitutes acceptance, except where prohibited by law.

4. The Service (Neutral Tool Provider)

BrainPack is a tool that processes User Content you upload to generate Outputs (including BrainPacks), enable Chat over your Knowledge Base, and provide Training Mode experiences. Armonia Automation LLC does not provide legal advice, and Armonia Automation LLC does not verify the ownership, licensing, legality, confidentiality permissions, or permissibility of User Content.

You are solely responsible for: (a) deciding what to upload, (b) ensuring you have the rights and permissions to upload and process it, and (c) how you use Outputs.

5. User Content — Your Responsibility (Copyright, Confidentiality, Compliance)

5.1 Sole Responsibility

You are solely responsible for your User Content and for your use of any Outputs generated from your User Content.

5.2 Your Representations and Warranties

You represent and warrant that:

• you own the User Content or have all rights, licenses, consents, and permissions necessary to upload, process, store, and use it with the Service;
• your User Content and your use of the Service do not infringe or misappropriate any intellectual property, privacy, publicity, confidentiality, or other rights of any third party; and
• your User Content does not violate any law or any contractual, fiduciary, or confidentiality obligations you owe to any third party.

5.3 No Pirated or Unauthorized Content

You must not upload pirated, unauthorized, illegally obtained, or infringing materials, including copyrighted books, articles, manuals, courses, or databases unless you have explicit permission from the rights holder (or your use is otherwise lawful under an applicable license or exception).

5.4 No Verification

Armonia Automation LLC does not review, verify, or determine whether your User Content is lawful, authorized, or permissible. You assume all risk related to uploading and using User Content.

5.5 Restricted Data

Unless Armonia Automation LLC expressly agrees in writing, you will not upload:

• (a) regulated health data (including "PHI" under HIPAA),
• (b) payment card data subject to PCI DSS,
• (c) government-issued identifiers (e.g., passport numbers) beyond what is necessary to use the Service, or
• (d) special category/sensitive personal data (as defined under applicable law) unless you have a lawful basis and all required notices/consents and use the Service in compliance with applicable data protection law.

6. License You Grant to Armonia Automation LLC (Limited, Operational)

To operate the Service at your direction, you grant Armonia Automation LLC a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, and display User Content solely to:

• provide, maintain, and support the Service,
• generate Outputs you request (including BrainPacks),
• enable Chat and Training Mode over your Knowledge Base,
• secure the Service and prevent abuse,
• enforce these Terms, and
• comply with legal obligations.

This license ends when your User Content is deleted from the Service, subject to retention and backup provisions described in Section 12 and the Privacy Notice.

6.1 No Training on User Content (Default)

Armonia Automation LLC does not use your User Content to train Armonia Automation LLC's general-purpose machine learning models, except to the extent necessary to provide, secure, and maintain the Service (e.g., abuse prevention and system integrity), unless you expressly opt in where offered.

7. Ownership; Intellectual Property

As between you and Armonia Automation LLC, you retain ownership of your User Content. Armonia Automation LLC retains all rights, title, and interest in and to the Service, including software, design, trademarks, and documentation, except as expressly granted in these Terms.

8. Outputs, Chat, and Training Mode — Disclaimers and Review Required

8.1 Outputs and Chat May Be Inaccurate

Outputs and Chat responses are generated automatically based on User Content and may contain errors, omissions, inaccuracies, or incomplete references to your source materials. You are responsible for reviewing and validating Outputs and Chat responses before using, publishing, distributing, or relying on them.

8.2 No Legal/Professional Advice

The Service does not provide legal, medical, financial, or other regulated professional advice. Any information from Chat or Training Mode is for informational purposes only.

8.3 No Change in Ownership or Rights

Processing User Content through the Service does not transfer, assign, or modify any intellectual property rights. If you upload or process content you do not own or do not have permission to use, generating Outputs (including BrainPacks) does not grant you any rights in that content and does not affect the rights of the applicable rights holder. You remain solely responsible for ensuring you have the legal right to upload and use User Content with the Service.

8.4 License to Outputs

Subject to these Terms and your compliance with applicable law, you may use, reproduce, and distribute Outputs generated for your Projects. This does not grant you any rights in third-party materials included or reflected in such Outputs.

9. Chat Feature Terms (Knowledge Base Q&A)

Chat is designed to respond to questions using your Knowledge Base and may also incorporate your query context. You acknowledge:

• Chat responses may not reference every relevant portion of your materials.
• You are responsible for verifying factual accuracy and suitability for your use case.
• You must not use Chat to generate or disseminate unlawful, infringing, or prohibited content.
• Armonia Automation LLC may apply safeguards, filtering, or rate limits to protect the Service, users, and third parties.

10. Training Mode Terms (Multi-Level Learning + Assessments)

Training Mode provides educational routes and modules to help users learn the content of a Knowledge Base. Training Mode may include assessments and scoring.

10.1 Progression and Scoring

Unless otherwise stated in the Service, progression between levels requires achieving at least 80% correct on the applicable assessment(s). The Service may require completion of specific modules before an assessment becomes available.

10.2 Integrity and Fair Use

You agree not to:

• attempt to circumvent assessment logic, scoring, or progression gates,
• use automation to manipulate results,
• share or sell assessment content if restricted within the Service, or
• interfere with other users' training experience.

Armonia Automation LLC may reset progress, invalidate results, suspend accounts, or restrict Training Mode access if Armonia Automation LLC reasonably believes you violated this Section.

10.3 No Certification or Guarantee

Training Mode is not a professional certification program and does not guarantee competency, employment outcomes, compliance, or mastery. Results may vary based on Knowledge Base quality and your participation.

11. Acceptable Use (Summary)

You agree not to:

• upload infringing, pirated, or unauthorized copyrighted materials,
• upload content that violates confidentiality, trade secret, privacy, or contractual obligations,
• use the Service to facilitate unlawful activity,
• attempt to bypass security, probe, scan, or test vulnerabilities,
• upload malware or malicious code,
• reverse engineer the Service except to the extent prohibited by law,
• use the Service in a way that interferes with or disrupts it,
• scrape or harvest the Service without authorization,
• circumvent safeguards or rate limits, or
• use the Service for prohibited end uses under applicable export controls or sanctions laws.

Armonia Automation LLC may monitor for abuse, security, and operational integrity as described in the Privacy Notice.

12. Retention and Deletion (30 Days Rolling + Extension)

12.1 Standard Retention

By default, User Content and generated Outputs within a Project are retained for 30 days from the most recent BrainPack export/download event for that Project.

12.2 Automatic Extension

If you add documents to the same Project and generate a new BrainPack export/download, the retention period for that Project automatically extends by an additional 30 days from the date of that new export/download.

12.3 Earlier Deletion

You may delete Projects or User Content earlier through the Service (if available). Deletion may not be immediate from backups; see the Privacy Notice for backup retention.

12.4 Logs and Metrics

Armonia Automation LLC may retain usage logs, audit logs, and security records for reasonable periods to operate, secure, and improve the Service, comply with law, and enforce these Terms, as described in the Privacy Notice.

13. Third-Party Services

The Service may integrate or rely on Third-Party Services. Your use of the Service may be subject to third-party terms, and Armonia Automation LLC is not responsible for Third-Party Services. Armonia Automation LLC may change, suspend, or discontinue Third-Party Services integrations without liability.

14. Copyright Complaints (DMCA + Global Takedown)

14.1 DMCA (U.S. Notice-and-Takedown)

If you believe content on the Service infringes your U.S. copyright, you may submit a notice consistent with the DMCA (17 U.S.C. §512) to Armonia Automation LLC's designated agent at:

DMCA Agent: [Name/Title]
Email: Support@mybrainpack.com
Address: [Physical address]

Armonia Automation LLC will respond to valid notices and may remove or disable access to the reported content.

14.2 Counter-Notice

If you believe content was removed by mistake or misidentification, you may submit a counter-notice consistent with the DMCA. If Armonia Automation LLC receives a valid counter-notice, Armonia Automation LLC may restore the content as permitted by law.

14.3 Global Takedown Requests

For copyright complaints outside the U.S., you may submit a takedown request to the same contact point with sufficient detail to identify the allegedly infringing content and your rights. Armonia Automation LLC will evaluate and respond consistent with applicable law.

14.4 Repeat Infringer Policy

Armonia Automation LLC maintains and reasonably implements a policy to terminate, in appropriate circumstances, users who are repeat infringers.

15. Fees, Billing, Taxes

If the Service includes paid features, you agree to pay all applicable fees and taxes. Pricing, billing terms, and (if applicable) credit usage rules will be presented at purchase or within the Service. Unless required by law, fees are non-refundable.

You are responsible for any taxes, duties, or governmental charges associated with your purchase, except taxes based on Armonia Automation LLC's net income.

16. Suspension and Termination

Armonia Automation LLC may suspend or terminate your access to the Service if Armonia Automation LLC reasonably believes you have violated these Terms, applicable law, or third-party rights, or if necessary to protect the Service, users, or third parties. You may stop using the Service at any time.

Upon termination, your right to access the Service ends, but Sections intended to survive will survive, including Sections 5, 7, 8, 11, 12, 17, 18, 19, 20, 21, and 22.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." ARMONIA AUTOMATION LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

ARMONIA AUTOMATION LLC DOES NOT WARRANT THAT OUTPUTS, CHAT RESPONSES, OR TRAINING MODE CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR PURPOSES.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT WILL ARMONIA AUTOMATION LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION.

IN NO EVENT WILL ARMONIA AUTOMATION LLC'S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ARMONIA AUTOMATION LLC FOR THE SERVICE IN THAT PERIOD OR (B) USD $100.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

19. Indemnification

You agree to defend, indemnify, and hold harmless Armonia Automation LLC and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from:

• (a) your User Content;
• (b) your use of the Service or Outputs in violation of law or third-party rights;
• (c) your breach of these Terms; or
• (d) any dispute between you and a third party related to your content or Outputs.

Armonia Automation LLC may assume control of the defense, and you will cooperate as reasonably requested.

20. Dispute Resolution; Arbitration; Class Action Waiver

Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules.

Arbitration

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its applicable rules. The seat of arbitration will be New York, New York, and the arbitration will be conducted in English by one arbitrator.

Exceptions

Either party may seek injunctive or equitable relief in court to prevent unauthorized use or abuse of the Service or infringement/misappropriation of intellectual property. Either party may also bring qualifying claims in small claims court.

Class Action Waiver

Disputes will be brought only on an individual basis. You waive any right to participate in a class, collective, or representative action to the maximum extent permitted by law.

If your local law requires a different dispute resolution process or prohibits arbitration/class waivers for consumers, those requirements will apply to you to the extent applicable.

21. Privacy Notice; Communications

Our Privacy Notice describes how Armonia Automation LLC collects, uses, and shares information, including User Content and usage logs, and is incorporated by reference.

Communications

Armonia Automation LLC may send you service-related communications (e.g., account notices, security alerts, receipts). Where offered, you may opt in to receive marketing or informational communications, and you can opt out of marketing communications at any time through the link provided in those messages or your account settings.

22. Miscellaneous

Assignment

You may not assign these Terms without Armonia Automation LLC's prior written consent. Armonia Automation LLC may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

No Waiver

Armonia Automation LLC's failure to enforce any provision is not a waiver.

Entire Agreement

These Terms and the Privacy Notice constitute the entire agreement between you and Armonia Automation LLC regarding the Service and supersede prior agreements on the subject.

Contact

Questions about these Terms may be sent to: Support@mybrainpack.com.