Terms of Service

Last updated: December 14, 2024

PART 1: THE SERVICES AND YOUR RELATIONSHIP WITH US

1.1 Acceptance of Terms

By accessing or using any of our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Services.

1.2 The Nature of Our Services (No Legal Advice Disclaimer)

Brandon is a technology platform, not a law firm. We provide automated self-help legal information, document generation, and data analysis tools.

  • No Attorney-Client Privilege: Your communications with Brandon and the documents you create are not protected by the attorney-client privilege.
  • No Legal Advice: We cannot and do not provide legal advice, opinions, or recommendations about your legal rights, remedies, defenses, or strategies. Any information provided by our AI, documents generated, or responses to your questions are for informational and self-help purposes only.
  • You are Responsible: You are solely responsible for selecting the correct documents, verifying their accuracy, ensuring they comply with local laws, and using them properly. If you need legal advice, you must consult with a licensed attorney in your jurisdiction.

1.3 Eligibility and Account Requirements

  • Eligibility: You must be at least 18 years old and capable of forming a binding contract with Scyale, Inc. to use the Services.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use.

PART 2: ACCOUNTS, PAYMENTS, AND SUBSCRIPTIONS

2.1 Pricing and Billing

  • Subscription Fees: We charge fees for certain Services (a "Subscription"). All fees are in U.S. Dollars.
  • Automatic Renewal: Your Subscription will automatically renew at the end of the Subscription term unless you cancel it. We will automatically charge your payment method for the renewal term.
  • Price Changes: We reserve the right to change our prices. We will provide you with reasonable notice of any price changes.

2.2 Right to Cancel and Refunds

  • Cancellation: You may cancel your Subscription at any time. Cancellation will be effective at the end of your current billing period, and you will continue to have access until that time.
  • Refunds: All fees are generally non-refundable. Brandon may grant refunds at its sole discretion or as required by law. If you believe you are entitled to a refund, please contact us at support@getbrandon.ai.

2.3 Promotional Offers

Any promotional offer (e.g., free trials or discounted pricing) is limited to one per person/household and is subject to the specific terms of the offer. If you do not cancel before a free trial ends, you will be automatically charged the full Subscription fee.

PART 3: INTELLECTUAL PROPERTY AND USER CONTENT

3.1 Our Intellectual Property

All intellectual property rights in the Services, including the software, AI models, documentation, trademarks ("Brandon"), and content created by us, are owned by Scyale, Inc. or our licensors. You are only granted a limited, non-exclusive, non-transferable license to use the Services as authorized by these Terms.

3.2 User Content

  • Ownership: You retain all ownership rights in the data, text, documents, and other content you submit to the Services ("User Content").
  • License Grant: By submitting User Content, you grant Scyale, Inc. a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, and display the User Content to operate, improve, and develop the Services, including training the AI models.
  • Warranties: You represent and warrant that you have all necessary rights and permissions to submit the User Content and grant the license above.

3.3 Prohibited Uses

You agree not to use the Services to:

  • Violate any law or professional conduct rule (including those related to the Unauthorized Practice of Law).
  • Attempt to reverse-engineer, modify, or hack the Services or the underlying AI model.
  • Transmit any viruses, harmful code, or disruptive material.

PART 4: DISCLAIMERS AND LIMITATION OF LIABILITY

4.1 NO WARRANTIES (DISCLAIMER)

THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

4.2 Limitation of Liability and Indemnification

THIS SECTION IS CRITICAL. IT LIMITS OUR LIABILITY TO YOU.

  • Exclusion of Damages: To the maximum extent permitted by applicable law, in no event shall Scyale, Inc., its affiliates, officers, directors, employees, or agents be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for lost profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Services.
  • Cap on Liability: Our total liability to you for any claim arising out of or relating to these Terms or the Services, whether in contract, tort, or otherwise, shall in no event exceed the greater of: (a) the amount you paid to Scyale, Inc. for the Services in the twelve (12) months preceding the claim, or (b) $100 or another fixed low amount.
  • Indemnification: You agree to indemnify, defend, and hold harmless Scyale, Inc. and its affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Services or your breach of these Terms.

PART 5: DISPUTE RESOLUTION AND CLASS ACTION WAIVER

5.1 Mandatory Arbitration

You and Scyale, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration, rather than in court, except that you or we may assert claims in small claims court if the claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

5.2 No Class Actions

You and Scyale, Inc. agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. You are waiving your right to participate in a class action lawsuit.

5.3 Exceptions

This arbitration agreement does not preclude you or us from seeking injunctive relief in a court of law to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights.

PART 6: GENERAL LEGAL TERMS

6.1 Governing Law

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

6.2 Changes to the Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Services after the changes become effective constitutes your acceptance of the new Terms.

Contact Information

Legal Name: Scyale, Inc.

Email: support@getbrandon.ai