Terms of Service

Last updated: April 2, 2026

These terms govern your use of Brain, developed The Up Sp. z o.o. ("Brain,", "we," "us," "our"). By accessing or using our services, you agree to be bound by these terms. If you're agreeing on behalf of a company, you represent that you have authority to bind that company.

1. The service

Brain provides a deterministic truth layer for autonomous AI systems, including conflict detection, consensus scoring, governance gates, and audit trail generation. The service is available via API, SDK, CLI, and MCP server.

We offer Brain in two deployment models:

• Cloud-hosted — we manage infrastructure; your knowledge graph data is processed in isolated environments
• Self-hosted / VPC — you deploy Brain within your own infrastructure; no data leaves your environment

2. Your data

You own your data. Brain processes your knowledge graph content, conflict resolutions, and audit trails solely to provide the service. We do not use your data to train models, improve our algorithms, or for any purpose beyond operating Brain for you.

For self-hosted and VPC deployments, your data never touches our infrastructure. Period.

3. Account responsibilities

You are responsible for:

• Maintaining the security of your API keys and account credentials
• All activity that occurs under your account
• Ensuring your use of Brain complies with applicable laws and regulations
• The accuracy and legality of data you process through Brain

4. Acceptable use

You agree not to:

• Reverse-engineer, decompile, or attempt to extract the source code of Brain
• Use Brain to process data in violation of applicable privacy laws
• Attempt to circumvent usage limits or access controls
• Resell or sublicense access to Brain without written permission
• Use Brain in any manner that could harm, disable, or impair the service

5. Service availability

We target 99.9% uptime for our cloud-hosted service. We will provide reasonable advance notice of scheduled maintenance. We are not liable for downtime caused by circumstances outside our reasonable control, including third-party service failures, natural disasters, or government actions.

6. Payment terms

Paid plans are billed monthly or annually as selected. Prices are exclusive of taxes. We will provide at least 30 days notice before any price increase takes effect. You may cancel at any time; access continues through the end of the paid period.

7. Intellectual property

Brain, including our consensus scoring algorithms, conflict detection pipelines, and governance gate architecture, is our intellectual property. Your use of Brain does not grant you any rights to our underlying technology beyond the license to use the service.

You retain all rights to your data, knowledge graphs, and any outputs generated by your use of Brain.

8. Limitation of liability

Brain is a governance and compliance tool, not a substitute for legal, medical, financial, or other professional advice. While Brain is designed to help enforce constraints and detect conflicts, you are ultimately responsible for the decisions made by your AI systems.

To the maximum extent permitted by law, our total liability for any claims related to the service shall not exceed the fees you paid in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify and hold us harmless from claims arising from your use of Brain, your data, or your violation of these terms. We will indemnify you against claims that Brain infringes a third party's intellectual property rights.

10. Termination

Either party may terminate this agreement with 30 days written notice. We may suspend access immediately if you violate these terms. Upon termination, we will provide a 30-day window to export your data (cloud-hosted deployments). After that window, your data will be deleted.

11. Governing law

These terms are governed by the laws of the Republic of Poland, without regard to conflict of laws principles. Disputes will be resolved in the courts of Warsaw, Poland.

12. Changes to these terms

We may update these terms from time to time. Material changes will be communicated via email at least 30 days before they take effect. Continued use after changes take effect constitutes acceptance.