Terms of Service

1. Who We Are

Brain Lead is an independent software vendor that develops and sells productivity and marketing automation tools. We are not a service provider, email sender, or marketing agency. We sell software only. We have no visibility into, control over, or involvement in how purchasers use the software after delivery.

2. Software Is a Tool — You Are the Operator

Our software is a general-purpose tool, similar to a word processor or spreadsheet application. The software itself does not send emails, make calls, or contact anyone. You — the purchaser and operator — are solely and exclusively responsible for every action taken using the software, including but not limited to:

• Every email, SMS, or message sent using the software
• Every list, database, or contact file you load into the software
• Every SMTP server, API key, or sending infrastructure you connect
• Every campaign, sequence, or automation you configure and execute
• All consequences, legal or otherwise, of your use

3. Complete Disclaimer of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Brain Lead provides all software "AS IS" with no warranties of any kind, express or implied
• Brain Lead is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages of any kind
• Brain Lead is not liable for any fines, penalties, legal fees, or regulatory actions imposed on you by any government, authority, or third party
• Brain Lead is not liable for account suspensions, bans, or terminations by any third-party platform
• Brain Lead is not liable for any loss of business, revenue, data, or reputation
• Brain Lead's total liability to you under any circumstances shall not exceed zero (0) USD

4. Your Legal Compliance Obligation

You are solely responsible for ensuring your use of the software complies with all laws and regulations applicable in your jurisdiction and the jurisdictions of your recipients, including but not limited to:

• Anti-spam laws in your country and the countries of your recipients
• Data protection and privacy laws applicable to you
• Telecommunications regulations in your jurisdiction
• Terms of service of any third-party platform, API, or service you use with our software
• Any industry-specific regulations applicable to your business

Brain Lead does not provide legal advice. Consult a qualified attorney in your jurisdiction before using any marketing software.

5. Full Indemnification

You agree to fully indemnify, defend, and hold harmless Brain Lead, its developers, affiliates, resellers, and agents from and against any and all claims, demands, lawsuits, investigations, regulatory actions, fines, penalties, damages, losses, costs, and expenses (including legal fees) arising from or related to:

• Your use or misuse of the software
• Your violation of any law, regulation, or third-party rights
• Any content, data, or messages you send using the software
• Your breach of these Terms

6. No Refunds

All sales are final and non-refundable. Due to the digital and immediately deliverable nature of our software, no refunds are issued under any circumstances, including but not limited to: change of mind, inability to use the software, account suspension by a third party, or legal issues arising from your use.

7. License Restrictions

Your license is personal and non-transferable. You may not resell, sublicense, share, or redistribute the software or your license key. You may not reverse engineer, decompile, or attempt to extract source code. Violation results in immediate license termination with no refund.

8. Termination

Brain Lead may terminate your license at any time, for any reason, with or without notice. Upon termination you must immediately cease all use and delete all copies. No refund is owed upon termination.

9. No Relationship

Nothing in these Terms creates any partnership, joint venture, employment, agency, or franchise relationship between you and Brain Lead. You are an independent operator using a software tool.

10. Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

11. Entire Agreement

These Terms, together with the EULA, constitute the entire agreement between you and Brain Lead regarding the software and supersede all prior agreements or understandings.

12. Contact

@brain_lead on Telegram  ·  brain_lead@outlook.com