Welcome to Brainers, the social networking platform dedicated to the exchange of innovative ideas and creative collaboration. By using our platform, you agree to adhere to the following terms and conditions. Please read this document carefully, as using Brainers' services implies your explicit acceptance of these terms.
Brainers builds technologies and services that enable people to connect with each other, build communities, and grow businesses. The present Terms of Use ("Terms of Use") govern how you use Brainers, Brainers Messenger, and the other products, features, applications, services, technologies, and software we offer (Brainers Products or Products), except where we expressly state that separate terms of use apply (and not these). In cases where ads are displayed within Brainers Products, these Terms of Use also govern how Brainers uses information to show you ads. These Products are provided to you by Brainers LLC. Therefore, these Terms represent an agreement between you and Brainers LLC.
Our products enable you to connect with your friends and communities and receive personalized content and ads (in cases where ads are displayed within Brainers Products) that we believe are relevant to you and your interests.
Our Privacy Policy explains how we collect and use your information, including for the purpose of showing you ads if you choose to use our Products for free with ads, and the provision of Brainers Products described below. You can also access your privacy settings within the relevant Brainers Product at any time to review the privacy options available to you regarding how we use your information.
Our products offer numerous ways to express yourself and communicate with friends, family, and others about what's important to you - for example, you can share status updates, photos, videos, and stories across all the Brainers Products you use (depending on your chosen settings), send messages or make voice or video calls to a friend or a group of people, create events or groups, or add content to your profile, and we may show you statistics about how others interact with your content. We engage in research to develop, test, and improve our products. This includes analyzing the information we have about our users and understanding how people use our products, for instance, by conducting surveys, testing and troubleshooting new features. We also develop and use advanced technologies, such as artificial intelligence, machine learning systems, and augmented reality, so that people can use our products safely, regardless of physical ability or geographic location. For example, such technologies help people with vision problems understand who or what is in photos or videos shared on Brainers. We also build sophisticated network and communication technologies to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to protect our community and our products.
For more information on how we use information to provide, develop, and improve Brainers products, please see our Privacy Policy. We promote the safety, security, and integrity of our products, combat harmful behavior, and ensure the safety of our user community: Users will build communities on the Brainers platform only if they feel protected and safe. We work hard to maintain the security (including availability, authenticity, integrity, and confidentiality) of our products and services. We work with dedicated teams around the world, collaborate with external service providers and partners, as well as other relevant entities, and develop advanced technical systems to detect potential misuse of our products, harmful behavior towards others, and situations where we are able to help or protect our community, including responding to user reports about content that may violate our policies. If we detect such content or behaviors, we will take appropriate action, which may include notifying you, offering help, deleting or restricting content items, restricting access to certain features, disabling an account, or involving law enforcement agencies. Learn more about the restrictions we may impose on the use of Brainers, including information on how we enforce policies, procedures, measures, and tools regarding content here. In some cases, the Oversight Board may review our decisions, depending on the terms of use and its internal regulations. Learn more here. We provide consistent and seamless experiences across Brainers company products, regardless of our contract with you: We design our systems so that your experience is consistent and seamless across the different Brainers Products you use based on your choices. For example, we use information about the people you interact with on Brainers to help you connect more easily with them on Brainers Messenger, and we allow you to communicate through Messenger with a company you follow on Brainers. Communicating with you: We may need to send you communications, such as emails or product alerts, to respond to you or to inform you about any issues related to the products, research, or the terms of use and our policies. For more information, see our Privacy Policy. Ensuring access to our products: To operate our global services and allow you to connect with people around the world, we need to transfer, store, and distribute content and data to our data centers, to partners, service providers, merchants, and in our systems around the world, including outside your country of residence. Using this global infrastructure is necessary and essential for providing our products. This infrastructure may be owned, operated, or controlled by Brainers LLC or by its affiliates. For more information on how we transfer, store, or process information, see our Privacy Policy.
How our services are funded Protecting user privacy is an essential aspect of how we designed our advertising system. If ads are displayed within Brainers, they will be relevant and useful without disclosing your identity to advertisers. We do not sell your personal information to advertisers and do not share information that directly identifies you (such as your name, email address, or other contact information) with advertisers unless we ask for and receive the user's express permission. Instead, we allow advertisers to tell us details such as their business goal and the type of audience they want to see their ads (for example, users aged 18 to 35 who live near the advertiser's store in Italy). We then display their ad to users who we believe it may be relevant to. We also provide advertisers with reports on the results of their ads to help them understand how users interact with their content within and outside Brainers. For example, we provide advertising agencies and advertisers with general demographic and interest information to help them better understand their audience, such as the fact that an ad was seen by women aged 25 to 34 from Madrid who like software engineering. We do not share information that can directly identify you (information such as your name and email address that can be used to contact or identify you) unless you give us express permission. Learn more about how Brainers ads work here. You can learn about how we collect and use your information in our Privacy Policy, including more details about the different types of information used to show you ads (if we show you ads on Brainers). You can control the types of ads and advertisers you see, as well as the types of information we use to determine which ads to show you. Learn more.
Your commitments to Brainers and our community We provide these services to you and others to support the progress of our mission. In return, we need you to make the following commitments:
Who can use Brainers When people stand behind their opinions and actions, our community becomes safer and more accountable. Therefore, it is necessary for you to do the following: Provide your real name for your account, the same name you use in everyday life. Provide accurate information about yourself. Create only one account (your own) and use it for personal purposes. Do not share your password, give others access to your Brainers account, or transfer your account to another person (without our permission). You cannot use Brainers if: You are under 13 years old. You have been convicted of sexual offenses. We have previously disabled your account for violations of our Terms of Use, Community Standards, or other terms of use and policies that apply to your use of Brainers. If we disable your account for a violation of our Terms of Use, Community Standards, or other policies and terms of use, you agree not to create another account without our permission. Permission to create a new account is granted at our sole discretion and does not mean or imply that the disciplinary action was wrong or unjustified. Applicable laws prohibit you from receiving our software, products, or services.
What you can share and do within Brainers: We want people to use Brainers Products to express themselves and share content important to them, but not at the expense of the safety and well-being of others or the integrity of our community. Therefore, you agree not to engage in the behaviors described below (or to encourage or support others to do so): It is forbidden to use our products to undertake any actions or to distribute any: Content that violates these Terms of Use, community standards, and other terms of use and policies that apply to your use of our products. Content that is illegal, misleading, discriminatory, or fraudulent (or that helps someone else use the Products in such a way). Content that you do not own or for which you do not have the necessary rights to distribute. Content that violates another person's rights, including intellectual property rights (such as by infringing on another person's property rights or trademarks or by distributing or selling counterfeit or pirated products), except where an exception or limitation applies under applicable law. You are not allowed to upload viruses or malicious code, use the services to send spam, or undertake any actions that could disable, overload, interfere with, or affect the proper functioning, integrity, operation, or appearance of the services, systems, or our products. It is forbidden to access or collect data from our products using automated means (without our prior permission) or to attempt to access data you do not have permission to access. We reserve all rights against text and data extraction. It is forbidden to mandate, request, or collect usernames or passwords or to impersonate access tokens. You are not allowed to sell, license, or purchase data obtained from us or our services, except as provided in the Platform Terms of Use. It is forbidden to misuse any reporting, conflict signaling, or dispute contesting channel, for example, by sending fraudulent, repeated, or unfounded reports or complaints. Learn more about our policy on frequent transmission of reports and evidently unfounded complaints in our Data Misuse Policy. We may delete, block, or restrict content that violates these provisions. We may also suspend or disable your account for behavior that violates these provisions, as specified in Section 4.2. If we delete, block, or restrict content you have shared for violating community standards, you will be notified and given explanations about all the options you have to request another review, except where you have seriously or repeatedly violated these terms of use or if doing so could expose us or others to legal liability, harm our user community, compromise or affect the integrity or functioning of any of our services, systems, or products, if we are restricted due to technical limitations, or if we are prohibited from doing so for legal reasons. For information about suspending or closing your account, see Section 4.2 below. To support our community, we encourage you to report content or behaviors you believe violate your rights (including intellectual property rights) or our terms of use and policies, if this feature exists in your jurisdiction. We may also delete, block, or restrict access to content, features, services, or information if we determine that such action is reasonably necessary to avoid or reduce the misuse of our services or negative effects on Brainers, from a legal or regulatory standpoint. Learn more about our complaint management process here.
Permissions you give us To provide our services, we need you to grant us certain permissions: Permission to use the content you create and share: Certain content you share or upload, such as photos or videos, may be protected by intellectual property laws. You remain the owner of the content you create and share on Brainers and the other products of Brainers company you use, and nothing in these terms of use deprives you of your rights to your own content. You can share your content unrestrictedly with anyone, anywhere you want. However, to provide our services, we need some legal permissions from you to use this content. However, to provide our services, we need some legal permissions from you (known as a "license") to use this content. This is exclusively for the purpose of providing and improving our products and services, as described in Section 1 above. Specifically, when you share, post, or upload content that is subject to intellectual property rights on or in connection with our products, you grant us a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly display or show, and translate your content and to create derivative works based on it (in accordance with your privacy and application settings). This means, for example, that if you share a photo on Brainers, you give us permission to store, copy, and distribute it to other people (again, in accordance with your settings), such as Brainers Products or service providers that support those products and services. The license will end when your content is deleted from our systems. You can delete individual content you share, post, and upload at any time. Additionally, all content posted in your personal account will be deleted if you delete your account. Learn more about how to delete your account. Deleting your account does not automatically delete content you post as a page administrator or content you create collectively with other users, such as photos from shared Albums, which may still be visible to other album members. Deleting content may take up to 90 days after we start the account deletion process or after we receive a request to delete the account. If you send content to the trash, the deletion process will automatically begin in 30 days, unless you decide to delete the content earlier. While such content is being deleted, it is no longer visible to other users. After deleting content, it may take up to another 90 days for it to be deleted from backup copies and disaster recovery systems. Content will not be deleted within 90 days of account deletion or the start of the content deletion process in the following situations: if your content has been used by others in accordance with this license, and they have not deleted it (in which case this license will continue to apply until the respective content is deleted); or if deleting within 90 days is not possible due to technical limitations of our systems, in which case we will complete the deletion as soon as technically possible; or if immediate deletion would restrict our ability to: investigate or identify illegal activities or violations of our conditions and policies (for example, to identify or investigate misuse of our products or systems); protect the safety, integrity, and security of the Products, systems, services, and our users, as well as to defend ourselves; comply with a request from a judicial or administrative authority, a law enforcement institution, or a government agency; in this case, the content will be kept for a duration that does not exceed the period necessary for the purposes for which it was retained (the exact duration will vary from case to case). In each of the cases presented above, this license will continue until the content has been completely deleted. Permission to use your name, profile picture, and information about your actions in connection with ads and sponsored or commercial content: Your name, profile picture, and information about your actions on Brainers may be used in connection with or related to ads, offers, and other forms of sponsored or commercial content we display in our Products, without compensating you for it. For example, we may show your friends that you are interested in a promoted event or that you liked a Brainers Page created by a brand that paid us to display its ads on Brainers. Ads and such content are only visible to people who have your permission to see your actions on Brainers Products. You can learn more about your ad settings and preferences. Permission to update the software you use or download: If you download or use our software, you give us permission to download and install software updates, where available.
Limitation of use of our intellectual property If you use content protected by intellectual property rights that belong to us and that we make available in our products (for example, images, designs, videos, or sounds we provide and that you add to the content you create or distribute on Brainers), we reserve all rights to this content (but not to your content). You may use our copyrights or trademarks (or any similar marks) only as expressly permitted by the brand use instructions or with our prior written consent. You must obtain our written permission (or permission under an open source license) to modify, translate, create derivative works, decompile, or apply reverse engineering techniques to our products or their components or to attempt in any other way to extract the source code from us, except where an exception or limitation applies under applicable law or if your behavior is related to the Brainers bug bounty program.
Additional provisions
Updating our Terms We constantly strive to improve our services and develop new features so that you and our community can enjoy better Products. Therefore, it may be necessary to periodically update these terms of use to accurately reflect our services and practices, to promote a safe and secure experience when using our products and services, and/or to comply with applicable law. We will not make changes unless the provisions are no longer adequate or are incomplete, and only if the changes are justified and adequately take into account your interests, or if the changes are necessary for safety and security purposes or to comply with the law. We will notify you (for example, by email or through our products) at least 30 days before we make changes to these terms and give you the opportunity to review them before they take effect, except where changes are mandatory under the law. After any updated terms take effect, you must comply with them if you wish to continue using our products. We hope you will continue to use our products, but if you do not agree with our updated terms and no longer wish to be part of the Brainers community, you can always delete your account.
Suspension or closure of the account We want Brainers to be a space where people feel welcome and safe to express themselves and share their thoughts and ideas. If we determine that you have obviously, seriously, or repeatedly violated the terms or our policies, including, in particular, our community standards, we may suspend or permanently disable your access to Brainers Products and permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe on other people's intellectual property rights or if we are required to do so for legal reasons. Learn more about how we handle repeated violations of our content policies here. Additionally, our Data Misuse Policy, which refers to the frequent provision of evidently illegal content, is outlined here. We may disable or delete your account if, after registration, your account is not confirmed, if it is not used and remains inactive for an extended period, or if we detect that someone may have used it without your permission and we cannot confirm your ownership of the account. Learn more about how we disable and delete accounts. If we take such measures, we will notify you and explain all the options you have to request a review, except where doing so could expose us or others to legal liability; harm our user community; compromise or affect the integrity or functioning of any of our services, systems, or Products; if we are restricted due to technical limitations, or if we are prohibited from doing so for legal reasons. Learn more about our complaint management process here. You can learn more about what you can do if your account has been disabled and how to contact us if you believe we have disabled it by mistake. If you delete your account or if we disable or delete it, the agreement between us represented by these Terms will end, but the following provisions will still apply: 3.3.1, 4.2-4.5.
Limitation of liability No part of these terms intends to exclude or limit our liability in the event of death, bodily injury, or fraudulent misrepresentation caused by our negligence, nor to affect your legal rights. We will exercise professional diligence in providing our products and services to you and in maintaining a safe, secure, and error-free environment. Since we have acted with professional diligence, we do not accept liability for losses that are not caused by our breach of these Terms or otherwise by our acts; losses that could not have been reasonably foreseen by you and us at the time these Terms took effect, and events beyond our reasonable control.
Disputes If a claim or dispute arises from or in connection with your use of Brainers Products as a consumer, both you and we agree that you can resolve your claim or dispute against us, and we can resolve the claim or dispute against you, in any competent court in your main country of residence that has jurisdiction over your claim or dispute, and the law of that country will apply without regard to provisions on conflict of laws. If a claim or dispute arises between users, related to the use of Brainers Products in any other capacity, including, but not limited to, access to or use of Brainers Products for business or commercial purposes or that brought by an entity on your behalf, you agree that any such claim or dispute must be resolved in a competent court in Romania and that Romanian law will apply to such a claim or dispute without regard to provisions on conflict between laws.
Others These Terms (previously known as the Statement of Rights and Responsibilities) represent the entire agreement between you and Brainers LLC regarding your use of our products. These terms of use replace any previous agreements. Some of the products we offer are also regulated by additional conditions. If you use any of these products, you will be given the opportunity to agree to the additional conditions, which will become part of the agreement between us and you. For example, if you access or use our Products for commercial or professional purposes, such as buying ads, selling products, developing applications, managing a group or a page for your business, or using our measurement services, you must agree to the commercial use terms of use. If you post or distribute content that includes music, you must comply with the requirements for using music. To the extent that there are additional conditions that conflict with these Terms, the additional conditions will apply only in relation to that conflict. If any part of these Terms of Use is found to be unenforceable, the unenforceable provision will be deemed modified to the minimum extent necessary to make it enforceable, and if it cannot be made enforceable, then it will be removed, and the remaining part will remain valid and continue to have effect. If we cannot enforce a part of these terms, this will not be considered a waiver. Any amendment or waiver of these terms must be made in writing and signed by us. You will not transfer any rights and obligations you have under these Terms to other parties without our consent. You can designate a person (called a legacy contact) to manage your account if it is converted into a memorial account. If you activate this in your settings, only the person you designate as a legacy contact or a person you have identified in a valid will or similar legal document expressing clear consent regarding the disclosure of your content in the event of death or incapacity will be able to request limited disclosure of information from your account after it is converted into a memorial account. These Terms of Use do not give third parties any beneficiary rights. All our rights and obligations under these Terms can be assigned by us without restrictions as a result of a merger, acquisition, or sale of assets, or by operation of law or otherwise. We may need to change the username associated with your account in certain situations (for example, if someone else requests the username and it does not appear to be related to the name you commonly use). We always appreciate your feedback and other suggestions about our products and services. However, we can use feedback and other suggestions without any restriction or obligation to compensate you for them, and we have no obligation to keep them confidential. If there is a partial or total change of ownership or control of our products and associated assets, this could result in the transfer of your information to the new owner.
Other conditions and policies that may apply to you Community Standards: These guidelines describe our standards regarding the content you post on Brainers and your activity on Brainers and in other Brainers Products. How we enforce our content policies: This section provides more information about the restrictions we may impose on the use of Brainers, including information on how we enforce policies, procedures, measures, and tools regarding content. Data Misuse Policy: This policy sets out how we may suspend access to Brainers if we determine that you have frequently provided evidently illegal content or how we may suspend the processing of reports or complaints if we determine that you have frequently sent evidently unfounded reports or complaints. You can also learn more about how we handle repeated violations of our content policies here. Complaint management process: This section provides information about the procedural regulations that apply to our internal complaint management system. Commercial Use Terms of Use: These terms apply if you access or use our products for commercial or professional purposes, including advertising, operating an application on our platform, using our measurement services, managing a group or a page for a business, or selling goods and services. Community Payments Terms: These terms apply to payments made through Brainers Products. Commercial Policies: These rules describe the policies that apply when you offer products or services for sale on Brainers. Music Use Guidelines: These guidelines describe the policies that apply if you post or distribute content that includes music on any of the Brainers Products. Our Advertising Policies: These policies apply to partners who advertise within Brainers Products and specify the types of advertising content allowed by partners who advertise within Brainers Products. Ad-Free Terms of Use: These terms of use apply if you have an ad-free subscription. Self-Managed Ads Terms of Use: These terms of use apply when you use self-managed ad creation interfaces to create, submit, or deliver advertising content or other commercial or sponsored activities or content. Brainers Pages, Groups, and Events Policy: These guidelines apply if you create or manage a Brainers Page, group, or event, or if you use Brainers to communicate or manage a promotion.
1.1 Necessity of KYC Verification: To ensure a safe and transparent community, Brainers implements Know Your Customer (KYC) verification procedures. These measures are designed to prevent fraud, including the creation of multiple accounts for illicit purposes.
1.2 Withdrawal of Funds: Users wishing to withdraw funds accumulated on Brainers, whether from the referral program or platform activity, must have an account verified according to the KYC procedure. This requirement is essential to ensure financial integrity and combat system abuse.
2.1 Using the Platform without KYC: Brainers emphasizes that KYC verification is not mandatory for basic use of the platform. All users can enjoy the basic functionalities of our social network without completing the KYC process.
2.2 Limitations without KYC: However, access to certain advanced features, including the withdrawal of funds generated through the referral program and other monetized activities, will be limited until successful completion of KYC verification.
3.1 How to Complete KYC: To meet KYC requirements, users will need to provide official identification documents, which may include, but are not limited to, a passport, national identity card, or driver's license. The process may also involve verifying address and other personal information.
3.2 Privacy and Security: Brainers takes the privacy and security of user data seriously. All information collected as part of the KYC procedure is processed and stored in accordance with the highest security standards and applicable data protection legislation.
4.1 User Compliance: By accepting these terms and conditions, users commit to complying with all applicable laws and regulations in using the Brainers platform. Failure to adhere to these terms may result in suspension or termination of access to Brainers' services.
4.2 Limitation of Liability: Brainers aims to maintain a safe and secure platform, but cannot fully guarantee the absence of risks, including potential fraud or abuse. Users assume responsibility for the security of their accounts and all activities conducted under their authentication on the platform.
Brainers reserves the right to modify these terms and conditions at any time without prior notice. Users are encouraged to periodically review the document for any changes. Continuing to use the platform after such modifications constitutes their acceptance by users.
By using Brainers, you explicitly and unconditionally agree to the terms and conditions presented in this document. Thank you for choosing Brainers to connect and collaborate in a safe and innovative environment.
