Welcome to Embrain AI. These Terms & Conditions (“Terms”) govern your access to and use of our website, applications, APIs, artificial intelligence tools, software, and related services (collectively, the “Services”).

By accessing or using Embrain AI, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with these Terms, you must not use our Services.

1. Eligibility

To use Embrain AI, you must:

Be at least 18 years old, or the age of majority in your jurisdiction.
Have the legal capacity to enter into a binding agreement.
Comply with all applicable local, state, federal, and international laws.

If you use the Services on behalf of a company or organization, you represent that you have the authority to bind that organization to these Terms.

2. Our Services

Embrain AI provides AI-powered products and services that may include:

AI chat assistants
Content generation
Writing assistance
Research assistance
Coding assistance
Image generation
Business productivity tools
Workflow automation
API access
Enterprise AI solutions

We continuously improve our platform and may add, modify, suspend, or discontinue features at any time without prior notice.

3. User Accounts

Certain features require you to create an account.

You agree to:

Provide accurate and current information.
Keep your login credentials confidential.
Notify us immediately of unauthorized account access.
Accept responsibility for all activity under your account.

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree to use Embrain AI responsibly and lawfully.

You must not:

Violate any applicable law or regulation.
Upload malicious software or harmful code.
Attempt unauthorized access to our systems.
Interfere with platform security or performance.
Reverse engineer or attempt to discover source code.
Use automated tools to abuse or overload our Services.
Circumvent security or usage limitations.
Use the Services to distribute spam or fraudulent content.
Infringe the intellectual property rights of others.
Use the Services for unlawful, deceptive, or harmful activities.

5. AI-Generated Content

Embrain AI uses artificial intelligence to generate responses based on user prompts.

Because AI technology is probabilistic:

Responses may contain inaccuracies.
Outputs may be incomplete or outdated.
AI-generated content should not be considered professional legal, financial, medical, or other regulated advice.
Users are solely responsible for reviewing and verifying AI-generated content before relying on it.

You assume all responsibility for decisions made using AI outputs.

6. User Content

You retain ownership of the content you submit to Embrain AI.

By submitting prompts, files, or other materials, you grant us a limited license to process that content solely to:

Operate the Services.
Generate requested outputs.
Maintain platform functionality.
Improve security and reliability.

Except as described in our Privacy Policy, we do not claim ownership of your content.

7. Intellectual Property

All software, technology, branding, logos, graphics, designs, text, databases, and platform functionality are the exclusive property of Embrain AI or its licensors.

Nothing in these Terms transfers ownership of our intellectual property.

You may not:

Copy
Redistribute
Modify
Sell
License
Reverse engineer
Commercially exploit

any portion of our Services without prior written permission.

8. Subscription & Payments

Some Services may require a paid subscription.

If you purchase a subscription:

You authorize payment using your selected payment method.
Subscription fees may recur automatically unless canceled.
Prices may change with reasonable notice.
Applicable taxes may be added where required by law.

Failure to complete payment may result in suspension or termination of access.

9. Refund Policy

Unless otherwise stated:

Subscription fees are generally non-refundable.
Partial billing periods are not refunded.
Refund requests may be reviewed individually where required by applicable law.

10. Service Availability

Although we strive to provide uninterrupted access, we do not guarantee that our Services will always be available.

Services may occasionally be interrupted due to:

Scheduled maintenance
Software updates
Security incidents
Internet failures
Third-party service interruptions
Events beyond our reasonable control

11. Third-Party Services

Our platform may integrate with third-party providers such as:

Payment processors
Cloud hosting providers
Authentication providers
Analytics services
APIs
Productivity tools

Your use of third-party services is subject to their respective terms and privacy policies.

12. Privacy

Your use of Embrain AI is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information.

By using our Services, you also agree to our Privacy Policy.

13. Feedback

If you submit suggestions, ideas, comments, or feedback regarding our Services, you grant Embrain AI a worldwide, royalty-free, perpetual license to use that feedback to improve our products and services without compensation to you.

14. Suspension & Termination

We may suspend or terminate access to the Services if:

You violate these Terms.
You misuse the platform.
Fraudulent activity is detected.
Your account poses security risks.
Required by law.

You may stop using the Services at any time.

15. Disclaimer of Warranties

The Services are provided “AS IS” and “AS AVAILABLE.”

To the maximum extent permitted by law, Embrain AI disclaims all warranties, whether express or implied, including warranties of:

Merchantability
Fitness for a particular purpose
Non-infringement
Availability
Accuracy
Reliability
Continuous operation

We do not guarantee that the Services will always be error-free or uninterrupted.

16. Limitation of Liability

To the fullest extent permitted by law, Embrain AI shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of the Services.

Our total liability for any claim relating to the Services shall not exceed the amount you paid to Embrain AI during the twelve (12) months preceding the claim, or USD $100 if no fees were paid, whichever is greater.

17. Indemnification

You agree to defend, indemnify, and hold harmless Embrain AI, its employees, officers, affiliates, contractors, and partners from any claims, damages, liabilities, costs, or expenses arising from:

Your use of the Services.
Your violation of these Terms.
Your infringement of any third-party rights.
Your misuse of AI-generated content.

18. Changes to the Services

We may update, modify, improve, suspend, or discontinue any part of the Services at any time.

We may also introduce new features, pricing plans, or service limitations as our platform evolves.

19. Changes to These Terms

We may revise these Terms from time to time.

Updated versions will be posted on this page with a revised Effective Date.

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

20. Governing Law

These Terms shall be governed by and interpreted under the laws of the State of New York, without regard to its conflict of law principles.

Any legal dispute arising from these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in New York, New York, unless otherwise required by applicable law.

21. Severability

If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and Embrain AI regarding your use of the Services.