Terms of Service

These Terms of Service govern your access to and use of Brainiark Marketing OS, including our website, application, AI agents, workspaces, content tools, social media integrations, analytics features, notifications, and related services.

By creating an account, connecting a social platform, accessing the service, or using Brainiark Marketing OS, you agree to these Terms. If you do not agree, you should not use the service.

Brainiark Marketing OS is an AI-powered marketing operating system designed to help businesses plan, create, manage, and execute marketing through an agent-first workspace.

The platform may help users create Brand Brains, strategies, content ideas, campaigns, captions, scripts, creative briefs, content calendars, social feeds, notifications, and marketing recommendations.

You must have the legal authority to enter into these Terms and to use Brainiark Marketing OS on behalf of yourself, your company, your clients, or your organization.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to provide accurate account information and to keep it updated.

Brainiark Marketing OS allows users to create workspaces for brands, businesses, campaigns, clients, or teams.

You are responsible for the information, assets, social accounts, content, and users you add to a workspace.

If you invite team members or collaborators, you are responsible for managing their access and ensuring they comply with these Terms.

You retain ownership of the content, brand information, assets, prompts, strategies, campaigns, images, videos, documents, captions, calendar items, ideas, and other materials you upload, create, save, or generate through the platform.

You grant Brainiark Technologies a limited license to host, store, process, display, modify, transmit, and use your content only as needed to operate the service, provide AI features, enable integrations, support collaboration, troubleshoot issues, and improve platform functionality.

You represent that you have the rights and permissions needed to upload, use, publish, schedule, or process any content you provide to the platform.

Brainiark Marketing OS uses AI agents and AI models to assist with marketing workflows. AI outputs may include brand positioning, strategies, ideas, captions, scripts, campaign plans, creative directions, calendar suggestions, performance summaries, and recommendations.

AI-generated outputs may be incomplete, inaccurate, non-unique, outdated, or unsuitable for a specific purpose. You are responsible for reviewing, editing, approving, and validating outputs before using or publishing them.

You should not rely on AI outputs as legal, financial, medical, investment, tax, or professional advice.

If you connect a social media account, you authorize Brainiark Marketing OS to access, process, display, schedule, publish, analyze, or sync data from that platform according to the permissions you grant.

You are responsible for ensuring that any post, campaign, caption, asset, or scheduled content complies with applicable law, advertising rules, intellectual property rights, and each social platform's terms and policies.

Social platforms may change their APIs, permissions, review requirements, rate limits, or features at any time. Brainiark Technologies is not responsible for failures or limitations caused by third-party platform changes, expired tokens, permission issues, identity checks, or unavailable APIs.

You agree not to misuse the service, interfere with platform operations, attempt unauthorized access, reverse engineer the service, overload infrastructure, bypass security controls, or use the platform to distribute harmful, illegal, deceptive, infringing, abusive, discriminatory, or misleading content.

You may not use Brainiark Marketing OS to copy third-party content without permission, impersonate others, violate social platform policies, scrape content unlawfully, or publish content that infringes intellectual property or privacy rights.

The platform may help users analyze public content, benchmark brands, competitor accounts, public URLs, social posts, and market references.

This functionality is intended for research, inspiration, market intelligence, and original content creation. It should not be used for unauthorized copying, plagiarism, or misuse of third-party content.

You are responsible for ensuring that your use of third-party references complies with applicable laws, platform terms, copyright rules, and fair use principles.

Some features may require a paid subscription or paid usage plan. Pricing, limits, and plan details may be shown in the platform, on our website, or in an order form.

You agree to pay applicable fees and taxes for paid services. Subscription renewals, cancellations, refunds, and billing changes may be governed by the plan terms presented at purchase.

Our Privacy Policy explains how we collect, use, store, process, disclose, and protect information. By using Brainiark Marketing OS, you also agree to the practices described in our Privacy Policy.

You can review the Privacy Policy at /privacy and the user data deletion instructions at /data-deletion.

Brainiark Marketing OS may integrate with third-party services such as social media platforms, AI providers, hosting providers, file storage providers, analytics tools, payment processors, and communication tools.

Your use of third-party services may be governed by their own terms and privacy policies. Brainiark Technologies is not responsible for third-party services, outages, policies, data handling, or platform changes.

We may update, modify, suspend, or discontinue parts of the service at any time. We may also release new features, change existing features, or limit access where needed for security, maintenance, legal compliance, or product improvement.

We do not guarantee that the service will be uninterrupted, error-free, secure, or available at all times.

The service is provided on an as-is and as-available basis. To the fullest extent permitted by law, Brainiark Technologies disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and reliability.

You are responsible for reviewing all marketing materials, claims, AI outputs, campaign recommendations, and published content before commercial use.

To the fullest extent permitted by law, Brainiark Technologies will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, lost data, business interruption, reputational harm, or failed marketing outcomes.

Our total liability for any claim related to the service will be limited to the amount you paid to Brainiark Technologies for the service during the three months before the event giving rise to the claim, or the minimum amount permitted by law if no fees were paid.

You may stop using the service at any time. We may suspend or terminate access if you violate these Terms, create risk for the platform or other users, fail to pay fees, misuse integrations, or if required by law.

After termination, certain provisions will continue to apply, including ownership, licenses needed for prior operation, disclaimers, limitations of liability, and legal compliance provisions.

We may update these Terms from time to time. When we make changes, we may update the Last Updated date on this page.

If changes are significant, we may notify users through the platform, email, or other reasonable means. Continued use of the service after updates means you accept the revised Terms.

If you have questions about these Terms, contact Brainiark Technologies at legal@brainiark.com.

Website: https://brainiark.com

Business address: To be updated before final legal publication.