ebrain's Terms and Conditions Decoded

- The Dutch version of the Agreement is the authoritative text, meaning non-Dutch speakers may not fully understand the binding terms they agree to.
- eBrain may modify, extend, or improve the Service with only 30 days notice, giving customers little time to react to adverse changes.
- eBrain can refuse or withdraw registrations, Order Forms, or Account applications on vague "reasonable grounds," including "incompatibility with the Service's intended use profile."
- The customer is fully liable for all activities under its Account, including unauthorized access by third parties, placing an unfair burden on the customer.
- Minimum age of 18 is required, with no exceptions for supervised or authorized use by younger individuals.
- For Order Form Subscriptions, the agreement automatically renews unless notice of non-renewal is given at least 30 days before the end of the current term, which can be easily missed.
- Unused AI credits or tokens do not roll over to the next billing cycle and are non-refundable, even upon termination, which may be unfair if the customer pays for them in advance.
- The customer is responsible for the accuracy, lawfulness, and quality of Customer Content, and must warrant that all necessary consents and rights are obtained, creating broad and potentially burdensome obligations.
- The customer must ensure that AI output in regulated professional contexts (legal, medical, financial) is reviewed by an appropriately qualified person, creating compliance risks if not followed.
- AI functional outputs may not be used to train, fine-tune, or develop competing AI models, which could be seen as limiting competition and innovation.
- The customer is prohibited from using the Service for high-risk AI purposes listed in Annex III of the EU AI Act, including employment and credit scoring, but eBrain defines these purposes broadly.
- eBrain may qualify as a "provider" under the EU AI Act, while the customer is a "deployer," placing significant obligations on the customer, including human oversight.
- eBrain retains the right to change sub-processors with only 30 days advance notice, and the customer's only recourse is to object, potentially disrupting service.
- eBrain may use the customer's name and logo for marketing unless the customer opts out, which may not be obvious or easy to do.
- Feedback from the customer is granted a perpetual, irrevocable, worldwide, royalty-free, and sublicensable license to eBrain, without any compensation.
- Beta Features are provided "as is" with no support or availability commitments, and customers are advised not to use them in production, which may still pose risks.
- The switching process for data portability under the EU Data Act requires a two-month notice period, which may be excessive and hinder smooth transitions.
- Even when switching to another provider, the customer may be liable for early termination compensation, including repayment of any discount received, which could be a significant financial burden.
- eBrain can terminate the Agreement for its convenience with only 30 days notice, but the customer cannot do the same without paying compensation in many cases.
- eBrain can immediately suspend service or terminate the Agreement if the customer breaches Acceptable Use policies, security needs, or enters insolvency, without a cure period.
- AI output is provided "as is" with no warranty of accuracy, completeness, or suitability, and the customer must critically assess it before use.
- eBrain's total liability is limited to the greater of €1,000 or the total Fees paid in the 12 months prior, which may be insufficient for significant damages caused by eBrain's failures.
- eBrain is not liable for indirect or consequential damages, including lost profits, lost revenue, reputational damage, or data loss, even if caused by eBrain's breach.
- All disputes must be submitted to the competent court of the District Court of Amsterdam under Dutch law, which may be inconvenient for customers outside the Netherlands.
- The customer must indemnify eBrain for a