Brainbank

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and SC MUSINOX ASSET MANAGEMENT SRL ("Company," "we," "us," or "our") concerning your access to and use of the Brainbank mobile application (the "App") and any related services (collectively, the "Services").

By downloading, installing, accessing, or using the App, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.

IMPORTANT: These Terms include provisions that limit our liability to you and require you to resolve disputes with us through binding arbitration on an individual basis, not as part of any class or representative action.

ACCEPTANCE OF TERMS
CHANGES TO TERMS
ELIGIBILITY
ACCOUNT REGISTRATION
SUBSCRIPTIONS AND PAYMENTS
USER CONTENT
PROHIBITED CONDUCT
INTELLECTUAL PROPERTY RIGHTS
THIRD-PARTY SERVICES
BETA FEATURES AND MODIFICATIONS
DISCLAIMERS
LIMITATION OF LIABILITY
INDEMNIFICATION
TERMINATION
GOVERNING LAW AND DISPUTE RESOLUTION
MISCELLANEOUS
CONTACT INFORMATION

1. ACCEPTANCE OF TERMS

By creating an account, downloading, accessing, or using the Brainbank App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your acceptance of these Terms will be treated as acceptance by that organization.

2. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. When we make changes, we will:

Update the "Last updated" date at the top of these Terms
Notify you through the App or via email for material changes
Provide you with reasonable notice before the changes take effect

Your continued use of the Services after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services and may delete your account.

3. ELIGIBILITY

Age Requirement: You must be at least 13 years of age to use the Services. If you are under 18 years of age, you represent that you have obtained consent from your parent or legal guardian to use the Services.

By using the Services, you represent and warrant that:

You are at least 13 years old
You have the legal capacity to enter into these Terms
You are not prohibited from using the Services under any applicable laws
All information you provide to us is accurate, current, and complete

4. ACCOUNT REGISTRATION

4.1 Creating an Account

To access certain features of the Services, you must create an account by providing:

A valid email address
A secure password

4.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or use of your account

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.3 Account Information

You agree to provide an accurate and valid email address during registration and to update it if it changes. We reserve the right to suspend or terminate your account if the email address you provide is invalid or fraudulent.

5. SUBSCRIPTIONS AND PAYMENTS

5.1 Subscription Plans

Brainbank offers the following subscription tiers:

Free Plan: Limited to 20 cards and 2 decks with core study features
Premium Plan: Unlimited cards and decks, advanced features including Cards at Risk, and upcoming AI-powered flashcard generation
- Monthly subscription: $9.99 USD per month
- Annual subscription: $99.99 USD per year

Pricing is subject to change. We will notify you of any price changes in advance and give you the opportunity to cancel your subscription before the new price takes effect.

5.2 Payment Processing

All payments are processed through:

Apple App Store for iOS users
Google Play Store for Android users

We use RevenueCat to manage subscriptions across platforms. RevenueCat helps us track your subscription status and provide a consistent experience across devices.

By purchasing a subscription, you agree to the applicable app store's terms and conditions. We do not have access to your payment card information.

5.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date. You will be charged the then-current subscription price.

To cancel your subscription:

iOS: Go to Settings → [Your Name] → Subscriptions → Brainbank → Cancel Subscription
Android: Go to Google Play Store → Menu → Subscriptions → Brainbank → Cancel Subscription

5.4 Refunds

All subscription purchases are subject to the refund policies of Apple App Store and Google Play Store:

Apple: Refund requests must be submitted directly to Apple. See Apple's refund policy.
Google: Refund requests must be submitted directly to Google. See Google's refund policy.

We do not have the ability to issue refunds directly. All refund decisions are made by the respective app store.

5.5 Free Trial

We may offer free trial periods for Premium subscriptions. If you do not cancel before the trial period ends, you will automatically be charged for a subscription at the then-current price. Free trial eligibility may be limited to one per user.

5.6 Changes to Subscriptions

We reserve the right to:

Modify subscription features and benefits
Change pricing with advance notice
Discontinue any subscription plan

6. USER CONTENT

6.1 Ownership of Your Content

You retain all ownership rights to the content you create in the App, including:

Flashcard content (questions, answers, cloze deletions)
Deck names and descriptions
Custom settings and preferences

We do not claim ownership of your User Content.

6.2 License to Use Your Content

By creating content in the App, you grant us a worldwide, non-exclusive, royalty-free, transferable license to:

Store, process, and display your content to provide the Services to you
Back up your content for data protection and recovery purposes
Enable you to share your content with other users (for future features such as shared decks or community features)
Use aggregated, anonymized data derived from your content for analytics and improving our Services

This license exists only for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new features. This license ends when you delete your content or account, except where your content has been shared with others and they have not deleted it.

6.3 Responsibility for Your Content

You are solely responsible for your User Content and the consequences of posting or sharing it. You represent and warrant that:

You own or have the necessary rights to use and authorize us to use your User Content
Your User Content does not violate these Terms or any applicable laws
Your User Content does not infringe any third-party rights, including intellectual property rights, privacy rights, or publicity rights

You acknowledge that you are solely responsible for the accuracy, completeness, and correctness of the information in your flashcards. We do not verify, review, or guarantee the accuracy of any User Content. You should not rely solely on flashcards as your only source of information for important decisions, exams, professional purposes, or matters affecting health, safety, or legal obligations.

You are also responsible for ensuring that any images you upload to your flashcards do not infringe third-party copyrights, trademarks, or privacy rights. Images are stored in our cloud servers and may be compressed for storage optimization.

6.4 Prohibited Content

You may not create, upload, or share content that:

Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Infringes any intellectual property or other proprietary rights
Contains viruses, malware, or other harmful code
Impersonates any person or entity or misrepresents your affiliation with a person or entity
Contains personal information of others without their consent
Is spam or unsolicited advertising

6.5 Brainbank Certified Decks

We provide pre-made, verified flashcard decks ("Certified Decks") that you can add to your account. By adding a Certified Deck:

The deck content is copied to your account and becomes part of your User Content
You may edit or delete the copied content as you wish
We retain ownership of the original Certified Deck templates
We may update Certified Deck content to add new cards or correct errors
Updates will be applied automatically while preserving your study progress
Certified Decks count toward your card and deck limits under your subscription plan

7. PROHIBITED CONDUCT

You agree NOT to:
Use the Services for any illegal purpose or in violation of any laws
Attempt to gain unauthorized access to the Services, other user accounts, or our systems
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App
Use any automated means (bots, scrapers, etc.) to access the Services
Interfere with or disrupt the Services or servers or networks connected to the Services
Attempt to bypass any security measures or access control mechanisms
Use the Services to transmit viruses, malware, or other harmful code
Impersonate another user or person
Collect or harvest any information about other users
Use the Services in a manner that could damage, disable, overburden, or impair our servers or networks
Violate any applicable laws or regulations
Engage in any fraudulent activity, including payment fraud or subscription abuse

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Intellectual Property

The Services, including the App, website, software, technology, content, trademarks, service marks, logos, and all related intellectual property rights are and will remain the exclusive property of SC MUSINOX ASSET MANAGEMENT SRL and its licensors.

Our intellectual property includes but is not limited to:

The Brainbank name, logo, and branding
The App's design, layout, and user interface
Our implementation and integration of the FSRS (Free Spaced Repetition Scheduler) algorithm
All software code, databases, and functionality
All content we create and provide

8.2 Limited License to Use the App

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Download and install the App on devices you own or control
Access and use the Services for your personal, non-commercial use

This license does not grant you any rights to:

Modify, reproduce, distribute, create derivative works, or publicly display any part of the Services
Use the Services for any commercial purpose
Remove any copyright, trademark, or other proprietary notices

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free right to use, modify, and incorporate such Feedback for any purpose without compensation or attribution to you.

8.4 Copyright Infringement

We respect intellectual property rights. If you believe that any content in the Services infringes your copyright, please contact us at marius@brainbank.space with:

A description of the copyrighted work you claim has been infringed
The location of the infringing material in the Services
Your contact information
A statement that you have a good faith belief that the use is not authorized
A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner

9. THIRD-PARTY SERVICES

The Services may contain links to or integrate with third-party websites, applications, or services ("Third-Party Services"), including:

Firebase (authentication and cloud storage)
Mixpanel (analytics)
RevenueCat (subscription management)
Google AI Services (for AI-powered features)
Sentry (error tracking and crash reporting)
Apple App Store and Google Play Store

Your use of Third-Party Services is subject to their own terms of service and privacy policies. We are not responsible for:

The content, accuracy, or functionality of Third-Party Services
Your interactions with Third-Party Services
Any loss or damage arising from your use of Third-Party Services

We do not endorse or assume any responsibility for any Third-Party Services.

10. BETA FEATURES AND MODIFICATIONS

Beta and Experimental Features: Some features of the Services may be designated as beta, preview, experimental, or early access ("Beta Features"). Beta Features may include AI-powered flashcard generation and other upcoming features.
Beta Features are provided "as is" and may:
Contain bugs or errors
Not function as intended
Be modified or discontinued at any time without notice
Not be made generally available
You acknowledge that Beta Features are experimental and agree to use them at your own risk.

10.1 Modifications to the Services

We reserve the right to:

Modify, suspend, or discontinue the Services (or any part thereof) at any time
Add, remove, or modify features, functionality, or content
Impose limits on certain features or access to the Services

We will make reasonable efforts to notify you of material changes to the Services, but we are not liable for any modification, suspension, or discontinuation of the Services.

11. DISCLAIMERS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION

Educational Tool Disclaimer: Brainbank is a study tool designed to help you learn and retain information. We do not guarantee any specific learning outcomes, academic performance, test scores, or other results. Your success depends on many factors beyond our control, including your own effort, study habits, and the quality of content you create.

FSRS Algorithm: The FSRS (Free Spaced Repetition Scheduler) algorithm is designed to optimize your review schedule based on your performance. However, we make no guarantees about its effectiveness for any particular individual or subject matter.

No Professional Advice: The Services are not a substitute for professional advice (medical, legal, financial, academic, or otherwise). Any content in the Services, including user-generated content, should not be relied upon as professional advice.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SC MUSINOX ASSET MANAGEMENT SRL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
ANY LOSS OF PROFITS, REVENUE, DATA, OR USE
ANY LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR USER CONTENT
ANY LOSS RESULTING FROM ERRORS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURES OF THE SERVICES
ANY LOSS RESULTING FROM YOUR RELIANCE ON CONTENT IN THE SERVICES
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
$100 USD (ONE HUNDRED US DOLLARS)

These limitations apply even if we have been advised of the possibility of such damages and regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SC MUSINOX ASSET MANAGEMENT SRL and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use or misuse of the Services
Your violation of these Terms
Your User Content, including any infringement of intellectual property rights or violation of privacy rights
Your violation of any applicable laws or regulations
Your violation of any rights of another person or entity

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

14. TERMINATION

14.1 Termination by You

You may terminate your account at any time by:

Going to Settings → Delete Account in the App
Contacting us at marius@brainbank.space

When you delete your account:

Your access to the Services will be immediately terminated
Your User Content will be deleted within 30 days (except as required by law or as permitted by our Privacy Policy)
Your subscription will continue until the end of the current billing period (no refunds for partial periods)

14.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Services at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms
Fraudulent, abusive, or illegal activity
Payment fraud or subscription abuse
Attempting to reverse engineer, hack, or compromise the security of the Services
At our discretion for any other reason

While we reserve the right to terminate for any reason, we will make reasonable efforts to provide notice and an opportunity to remedy violations when appropriate.

If we terminate your account for violation of these Terms, you will not be entitled to a refund of any subscription fees.

14.3 Effect of Termination

Upon termination:

All licenses granted to you in these Terms will immediately terminate
You must immediately cease all use of the Services
Sections that by their nature should survive termination will survive, including but not limited to: User Content (license grant), Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, and Governing Law

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

15.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the courts of Romania, and you consent to the personal jurisdiction of such courts.

15.3 Informal Resolution

Before filing a formal legal action, you agree to first contact us at marius@brainbank.space and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within 60 days. If we cannot resolve the dispute within 60 days, either party may pursue formal legal action.

15.4 No Class Actions

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15.5 Time Limitation

Any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.

16. MISCELLANEOUS

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines posted in the Services, constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision. No waiver will be effective unless made in writing and signed by an authorized representative of SC MUSINOX ASSET MANAGEMENT SRL.

16.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms at any time without your consent, including in connection with a merger, acquisition, or sale of assets.

16.5 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, push notifications (such as daily study reminders, overdue card alerts, and streak reminders), and in-app messages. These communications may include notices about your account, promotional offers, and other information concerning the Services. You agree that all agreements, notices, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

16.7 App Store Terms

If you download the App from the Apple App Store or Google Play Store, you acknowledge and agree that:

These Terms are between you and SC MUSINOX ASSET MANAGEMENT SRL, not with Apple or Google
Apple and Google are not responsible for the App or its content
Apple and Google have no obligation to provide maintenance or support for the App
You will comply with all applicable third-party terms when using the App
Apple and Google are third-party beneficiaries of these Terms and have the right to enforce these Terms against you

16.8 Language

These Terms may be translated into other languages for your convenience. In the event of any conflict between the English version and a translated version, the English version shall prevail.

17. CONTACT INFORMATION

If you have any questions, concerns, or feedback about these Terms or the Services, please contact us:

SC MUSINOX ASSET MANAGEMENT SRL
Email: marius@brainbank.space
Address: Romania

We will make reasonable efforts to respond to your inquiry within a reasonable time frame.

By using Brainbank, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

TERMS OF SERVICE