We’re Excited to Have You!
Thank You for choosing Braiins. We’re thrilled to have You with us! To ensure everything goes smoothly, here are our General Terms and Conditions. We’ll keep it clear and straightforward. Let’s get started!
Scope of the Terms
Please note that these Terms govern the use of all Software provided by Braiins.
If specific product terms are provided for particular Software, those terms will take precedence over these Terms to the extent of any differences.
Agreeing to the Terms
First and foremost, You should know that by electronically expressing Your consent, downloading, copying, installing, or otherwise using all or any portion of our Software, You’re accepting all these Terms on Your behalf and on behalf of all legal entities or individuals whom You represent or for whose devices You are acquiring the Software. Please take a moment to read them carefully.
If You don’t agree with these Terms, do not continue with the installation, do not use the Software, and delete or destroy any copies You have or control.
Keeping You Updated
We reserve the right to change or update these Terms at any time. When we do so, we’ll publish the new version on our Website in advance. Please note that we won’t notify You directly about any changes, so we kindly ask You to check our Website regularly for the latest updates.
Effective Date
These Terms, or any update to them, are effective as of the date indicated at the top of this document. This date shows when the latest version will become effective or when it became effective.
What Do These Terms Mean?
To help you navigate through these Terms, it’s useful to know that any capitalized terms used in this document shall have the meanings given to them in this Definitions section, unless explicitly stated otherwise:
Just a Heads-Up About Section Headings
The section headings in these Terms are for your convenience only and won’t affect the meaning or interpretation of any terms and clauses in the document.
Our Promise on Software Rights
First of all, we want to assure You that we hold all the necessary rights to the Software, so we can grant You a limited use License and meet any other obligations under these Terms.
Your License to Use
As long as you stick to these Terms, we grant You a non-exclusive, worldwide License to use the Software as described in these Terms. The license agreement, covering the content as per these Terms (and any specific product terms, if applicable), between You and Braiins generally takes effect as soon as You download, copy, install, or otherwise begin using the Software in any manner. For paid Software, however, the license agreement is only finalized with the commencement of the Subscription Period (i.e., only after we receive Your payment).
Please note that specific product terms may, of course, narrow the scope of the License. Be sure to review all relevant documents to understand any specific licensing details and our mutual obligations outlined in the license agreement.
Who Owns What?
Remember, the Software is licensed to you, not sold. Braiins keeps all rights and ownership, including intellectual property rights. We also reserve the right to grant additional licenses to third parties whenever we like and under any conditions we desire.
Fees and Payments
If not specified otherwise, our Software is provided and licensed free of charge.
If there’s a fee, it applies to the Subscription Period and will be clearly advertised, stated in the order, or noted in the specific product terms. Unless stated otherwise, prices don’t include taxes, duties, other governmental fees, or other charges—so you’re responsible for any extra costs. Payment is only complete when Braiins has received it in full, whether it's funds, cryptocurrency, or other value.
Do I receive an invoice?
Yes, once we get your payment, we’ll send you an invoice to the email address you provide. For legal reasons you hereby consent to receive invoices in electronic form.
On What Devices Can You Use It?
Here’s the deal: with the License we give You, You can download and install the Software on a single device that You own. If You want to use it on someone else’s device, make sure You’re authorized to accept these Terms on behalf of such third party. This ensures that the third party will also be covered under these Terms and be part of our agreement.
The specific product terms may specify the allowed number of devices, meaning that You may use or support the Software on no more than the agreed number of devices.
How to Use the Software and What It Works With
The License generally allows You to install and use the Software solely on compatible hardware and operating systems it’s designed for, and only for the specified purposes. Details on compatibility and intended use are available on the Website or provided to You by Braiins through other means, such as specific product terms or advertisements. If You’re unsure about what’s allowed, please give us a shout before using the Software.
If the specific product terms do not state otherwise, the Software is generally intended for personal use only. This means You may install and use the Software exclusively on Your own personal devices intended for use by You and, if applicable, by individuals residing in Your household. If You wish to use the Software for commercial purposes, in a business, etc., always make sure to check the specific terms that apply to You (especially for paid Software, where the version of the License You purchased determines the conditions).
Under no circumstances is the Software provided or approved for use by any government entity.
Keep It Cool: What You Can’t Do
To keep things simple, any use of the Software and any related rights other than as expressly set forth herein is strictly prohibited. In particular, You may not:
No Free Support
Given that the Software is provided "as is”, we’re not obligated to provide any support or maintenance for the Software unless we say otherwise.
No Source Code Here
You won’t get the source code for the Software under these Terms.
Staying Connected
As You probably know, but just to reiterate, the Software may require a stable internet connection for optimal use, including for activation, registration, and downloading Updates. It is therefore Your responsibility to ensure that You have a reliable connection to support these functions, and You acknowledge that without it, the Software may not function properly or at all. You agree not to interfere with or circumvent any such embedded functions of the Software.
Deployment of Updates
Braiins may occasionally (including at any time during the Subscription Period) deploy Updates to the Software without Your specific consent or approval. As a result, You may be unable to use the Software until the Update is fully installed or activated.
Data Transmission
The Software might send some info from Your device to Braiins for analysis and improvement. By using the Software, You’re cool with such data transmission.
Backup Copy
You are permitted to create one backup copy of the Software. However, You may only use this backup copy to reinstall the Software.
Transfer To Another Device
You may uninstall the Software and install it on another device; however, under no circumstances may You perform this operation with the intent to share the License across more devices than You are permitted.
First of all, we want to assure You that we hold all the necessary rights to the Software, so we can grant You a limited use License and meet any other obligations under these Terms.
Your License to Use
As long as you stick to these Terms, we grant You a non-exclusive, worldwide License to use the Software as described in these Terms. The license agreement, covering the content as per these Terms (and any specific product terms, if applicable), between You and Braiins generally takes effect as soon as You download, copy, install, or otherwise begin using the Software in any manner. For paid Software, however, the license agreement is only finalized with the commencement of the Subscription Period (i.e., only after we receive Your payment).
Please note that specific product terms may, of course, narrow the scope of the License. Be sure to review all relevant documents to understand any specific licensing details and our mutual obligations outlined in the license agreement.
Who Owns What?
Remember, the Software is licensed to you, not sold. Braiins keeps all rights and ownership, including intellectual property rights. We also reserve the right to grant additional licenses to third parties whenever we like and under any conditions we desire.
Fees and Payments
If not specified otherwise, our Software is provided and licensed free of charge.
If there’s a fee, it applies to the Subscription Period and will be clearly advertised, stated in the order, or noted in the specific product terms. Unless stated otherwise, prices don’t include taxes, duties, other governmental fees, or other charges—so you’re responsible for any extra costs. Payment is only complete when Braiins has received it in full, whether it's funds, cryptocurrency, or other value.
Do I receive an invoice?
Yes, once we get your payment, we’ll send you an invoice to the email address you provide. For legal reasons you hereby consent to receive invoices in electronic form.
How Long Does the License Last?
Unless otherwise stated in the specific product terms, the License is good for one (1) month. If You keep using the Software after the term expires, a new license agreement under the updated Terms will automatically kick in on the first day You use the Software.
When Can Braiins Terminate the License?
Braiins may terminate the license agreement and the License with three (3) days' notice for any reason or without a reason. In the event of any breach of these Terms, specific product terms, or any other binding document to which you have agreed, Braiins may terminate the license agreement and the License immediately, without prior notice.
If the Subscription Period is conditioned upon the payment of a fee or rate and Braiins has not received the payment by the due date, it will be considered that you have waived the License, i.e., the License will be terminated immediately.
What Happens After Termination?
Once the License is terminated, You must immediately stop using the Software. Some or all of the Software might stop working without any prior notice.
Under no circumstances will you ever have the right to a refund of any proportionate part of the subscription fee paid for the remaining or unused portion of the Subscription Period.
Can I Terminate the License?
As a consumer, generally you have the legal right to withdraw from the agreement without providing any reason within fourteen (14) days from the date of the agreement's conclusion.
However, once the license agreement is concluded, you expressly request that we commence the performance of the license agreement immediately, allowing you to start using the Software right away. In this context, you acknowledge that you will not have the right to withdraw from the license agreement.
For the same reason, termination during the Subscription Period is not possible under any circumstances, and You cannot claim a refund of any fees already paid.
Automatic Renewal of Subscription Period
Unless otherwise specified in the specific product terms, your License will automatically renew at the end of each Subscription Period for the same duration as the previous one, provided that Braiins successfully processes and receives payment for the renewal. This means that when your Subscription Period ends, Braiins will attempt to charge You (using your stored credit card, bank account details, or other payment methods) for the next Subscription Period.
You agree that payment will be processed in the same manner as your previous payment, with the understanding that the renewal price may differ from what You paid for the last Subscription Period. Please also note that before automatic renewal is processed, You may not be able to use the Software during this interim period. However, as soon as the Subscription Period is successfully renewed, You will receive the License, and a new license agreement based on the current Terms will come into effect.
If Braiins is unable to process the payment on the first attempt, we may retry to collect the payment within 15 days after the end of the Subscription Period. We may also contact You to update your payment details. If we are ultimately unable to process and collect the payment, the Subscription Period will not be renewed, and the License will be considered terminated on the last day of the previous Subscription Period.
Will You Notify Me Before My Subscription Period Ends?
We usually notify You in advance when your Subscription Period (and thus your License) is about to expire, but we are not obligated to do so and may not always have the opportunity to do so (for example, if You haven't provided contact details that allow us to send such notifications). Therefore, it is always your responsibility to stay informed about when your Subscription Period ends and what the renewal price will be.
Can I Cancel the Automatic Renewal?
You can always request to cancel the automatic renewal by contacting us through the channels listed in these Terms. The automatic renewal will be canceled once We confirm it. However, if You’re in a hurry, You can always prevent the renewal by blocking the payment through your payment method.
So where are the legal disclaimers?
We know legal stuff can be a bit dry, but there are a few important points we need to mention, just to keep everything clear and above board. Don’t worry, we’ll keep it straightforward, and we’re here to make sure there’s no confusion for either side.
Compliance with Export Laws
The Software might be subject to export laws in the Czech Republic, and in the country where it’s delivered or used. These laws include restrictions on destinations, end users, and end use. You agree to follow these laws.
Restrictions on Functionalities
Some features of the Software, like encryption, could face import or export restrictions if You move the Software out of the delivery country. It’s up to You to stick to these restrictions.
Do you offer any warranty?
Braiins provides the Software “as is” and makes no other warranties about it, whether express, implied, or statutory. Specifically, we don’t guarantee any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Guarantee of Performance
We don’t promise that the Software will meet Your needs, or that it will always work smoothly, securely, or without errors. We also don’t guarantee that the results from using the Software will be effective, accurate, or reliable, or that any errors or defects will be fixed.
Limitation of Liability
Under no circumstances shall Braiins be liable to You for any direct, indirect, special, consequential, punitive, or any other damages and costs, including but not limited to, loss of profit, loss of revenue, or loss of business opportunity arising out of or in connection with these Terms and the granted License, under any theory of liability, even if we’ve been advised of the possibility of such damages.
This limitation applies specifically to all matters related to the Software, as well as any services, if Braiins provides such services to You. It also applies to situations where Braiins knew or should have known about the possibility of such damages.
Legal Limits
In some places, it might not be possible to completely disclaim liability and warranties. Where that’s the case, Braiins limits its liability and warranties to the fullest extent permitted by applicable law.
No Obligation to Provide Services
Just so You know, if Braiins does any extra stuff to help the Software work or provides other related services, it’s not legally required to do so. And even if we do help out, there’s no promise that we’ll keep doing it in the future.
Service Limitations
Any limits on liability we talked about in Section 6 also apply to any services or extra activities Braiins might provide. So, the same rules apply across the board.
What’s Up with Beta Versions
When You’re using a version of the Software marked as “Beta” (or similar terms like “pilot,” “test release,” “developer preview,” “preliminary”, etc.), You’re getting a sneak peek at a new version before it’s fully polished and tested.
Risks and What to Expect
Choosing to use a Beta version means You’re rolling with some extra risk. Beta versions might have bugs or glitches, could be down from time to time, or might not work as smoothly as the final version. It’s all part of the testing process!
Are my personal data safe with you?
Absolutely. We are committed to minimizing the collection of your personal data and handling it with the utmost care, as detailed in our Braiins Privacy Policy.
Confidentiality and Non-Disclosure Agreement
You are required to maintain strict confidentiality regarding all sensitive information related to Braiins. This encompasses, but is not limited to, details about our company, the Software, the License, payment terms, information about Braiins's partners, or any information that is clearly identified as confidential or explicitly marked as such by Braiins.
You must keep this information secure and cannot disclose it to any third party without prior written consent from Braiins. In the event of a breach of this confidentiality obligation, you will be held accountable for compensating Braiins for any resulting damages.
How to Reach Us
If You need to send any notices to Braiins, just drop us a line at info@braiins.com. We’ll consider your notice delivered once we’ve confirmed it.
Keeping Us in the Loop
If You find out that there might be an issue with the License rights, let us know right away. This includes if You get a pre-action letter or if there’s any litigation about the License. If something looks like it could compromise the rights we’ve granted You, please share any necessary info and work with us to help keep those rights intact.
Mass Communications
For any general updates or messages to You and other Software users, we might post them on a designated, easy-to-find part of the Website. These communications will be considered delivered thirty (30) days after they’re posted.
Applicable Law
These Terms and any contractual relationship arising from them, as well as any disputes arising out of them (including any claims under any liability theory), are governed by the laws of the Czech Republic. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Consumer Rights
This choice of law clause does not deprive consumers of their rights under the mandatory provisions of the law of their country of habitual residence, if such law would otherwise be applicable pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
Friendly Resolution
Braiins always operates in a customer-friendly manner and strives to resolve any issues amicably. We ask You to do the same. Therefore, You agree to notify us of any disputes arising out of or in connection with these Terms or any contractual relationship arising from them. You also agree to attempt an out-of-court dispute resolution before bringing any dispute before the courts.
Court Jurisdiction
Any disputes arising out of or in connection with these Terms or any contractual relationship arising from them shall be decided with final effect by the courts of the Czech Republic, specifically by the District Court for Prague 8 or, if the regional court acts as the court of first instance, by the Municipal Court in Prague.
Intellectual Property Disputes
For disputes involving intellectual property rights, Braiins may seek an injunction or other appropriate relief to preserve its rights in any court of its choice. You consent to the exclusive jurisdiction and venue of such courts.
ODR Platform
If You are a consumer residing in the European Union, Norway, Iceland, or Liechtenstein, You may be entitled to address Your dispute through an online dispute resolution platform established by the European Commission (the “ODR Platform”). The ODR Platform facilitates out-of-court resolutions for disputes related to online purchases of goods and services between consumers and traders based in the European Union, Norway, Iceland, and Liechtenstein. You can access the ODR Platform by following this link: http://ec.europa.eu/consumers/odr/.
Some Necessary Boilerplates…
If any clause of these Terms is found to be illegal, invalid, or unenforceable, in whole or in part, under any law, the legality, validity, and enforceability of the remaining clauses shall not be affected. In such an event, the parties shall replace the illegal, invalid, or unenforceable clause with a legal, valid, and enforceable clause that, to the greatest extent possible, achieves a similar effect as the original clause, given the content and purpose of these Terms.
You are already aware that You may not transfer or sublicense the License. You should also know that similarly, You may not transfer any of your rights or obligations under these Terms, nor the license agreement or any other contractual relationship between us and you, to any third party without Braiins’s written consent. Similarly, you are not permitted to set off any of your claims against Braiins’s claims without Braiins’s written consent.
On the other hand, You agree to any future changes in the License provider, including the legal assignment of the license agreement or any other contractual relationship between our company and You to a new entity. We will, of course, notify you of such changes in advance.
If you fail to enforce any provision of these Terms and Braiins does not take immediate action, or if Braiins does not enforce any other provision, this does not constitute a waiver of any rights Braiins may have. Braiins retains the right to take action or enforce provisions in the future.
All provisions of these Terms that by their nature extend beyond the termination of the mutual legal relationship, including but not limited to those related to dispute resolution and applicable law, shall survive the termination of that relationship.
These Terms are provided in English. Any translations are for convenience only, and the English version shall prevail in the event of any discrepancy.
Any Issues with These Terms?
We always attempt to make legal documents as brief and user friendly as possible, but we cannot completely make do without them.
If You don’t agree with any part of these Terms, we’re sorry to hear that. Please stop using the Software and delete or destroy any copies You have. If that’s the case, let us know—we’re here to help and will do our best to find a solution.
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