Terms of Service

Your BrainDrive is yours. These Terms govern the optional services BrainDrive LLC provides — not your personal BrainDrive installation or the data on it. If any BrainDrive service is suspended or discontinued, your self-hosted BrainDrive continues to function independently.

BrainDrive is an open source, AI-powered personal knowledge system — a Second Brain you own. For full control and freedom, you can self-host your BrainDrive on your own hardware or the host of your choice.

We also offer the following optional services:

BrainDrive Concierge (managed hosting) is the easy button — we host your BrainDrive instance on our infrastructure and handle everything: hosting, updates, backups, and security are all included, along with a reasonable amount of AI model usage. Your instance runs in an isolated container, separate from other users’ data. You get the full BrainDrive experience without managing any of the technology yourself. If your AI usage exceeds what’s included, you can purchase additional credits through BrainDrive Models (see Section 5).

BrainDrive Models is an optional pay-as-you-go AI credit service for self-hosted users. You purchase credits, receive an API key, and use that key in your self-hosted BrainDrive installation to access AI models through BrainDrive’s infrastructure. BrainDrive Models does not include managed hosting — your BrainDrive instance runs on your own hardware.

BrainDrive Community (community.braindrive.ai) is a public discussion forum for all BrainDrive users. Some sections may be restricted to BrainDrive Concierge subscribers. The Community is free to join and does not require a paid subscription.

These Terms apply to BrainDrive Concierge, BrainDrive Models, and the BrainDrive Community, not the self-hosted open-source version used independently.

BrainDrive uses artificial intelligence to help you organize, explore, and build on your personal knowledge. All AI-generated content — including summaries, suggestions, plans, and responses — is informational only and does not constitute professional advice of any kind, including but not limited to financial, medical, legal, or career advice.

BrainDrive empowers you with AI tools to help you think, decide, and flourish — you own your decisions just like you own your data.

No professional relationship. Use of BrainDrive does not create a professional-client, advisor-client, doctor-patient, attorney-client, or any other professional relationship between you and BrainDrive LLC. BrainDrive is a software tool, not a licensed professional.

AI limitations. AI models can produce inaccurate, incomplete, or misleading output. You are responsible for evaluating and verifying any AI-generated content before relying on it. BrainDrive does not guarantee the accuracy, completeness, or suitability of AI-generated content for any purpose.

AI processing. When you use AI features, your prompts and relevant context are processed by AI models. For BrainDrive Models and Concierge, requests are sent to BrainDrive’s infrastructure — the AI model may be a third-party provider or a model hosted directly by BrainDrive. When a third-party provider is used, we enforce privacy settings: prompt logging is disabled and data collection is denied. When BrainDrive hosts the model directly, your prompts are processed entirely on our infrastructure and are not shared with any third party. In either case, your prompts are not used to train AI models. BrainDrive may change, add, or host model providers at any time to improve the service. For self-hosted users with their own API keys, requests are routed to the provider you configure. See our Privacy Policy for details.

To use BrainDrive Concierge, you must:

• Be at least 18 years old. During signup, you will confirm that you are 18 years of age or older. If we discover that an account belongs to someone under 18, we will suspend the Concierge hosting service and offer data export to a parent or guardian before deletion. This does not affect any self-hosted BrainDrive installation.
• Be a United States resident. BrainDrive Concierge is currently available only to US residents. Availability may expand in the future. If we discover that an account belongs to a non-US resident, we will notify the user, provide a 30-day window to export data, and then suspend the Concierge hosting service. The user may continue using BrainDrive self-hosted.
• Provide accurate information. You must provide a valid email address and keep your account information current.
• Keep your account secure. You are responsible for maintaining the security of your account credentials. Notify us immediately at info@braindrive.ai if you believe your account has been compromised.

To use BrainDrive Models, you must:

• Be at least 18 years old.
• Provide a valid email address for API key delivery and account identification.
• Keep your API key secure. You are responsible for all usage on your key, whether or not you authorized it.

• BrainDrive Concierge currently costs $25 per month. Pricing may change — see “Price Changes” below.
• Your subscription automatically renews each month. By subscribing, you consent to recurring monthly charges.
• Payments are processed by Stripe. BrainDrive never sees or stores your credit card number.
• You will receive an email notification 3–7 days before each renewal with the renewal date, amount, and instructions for how to cancel.
• See our Refund & Cancellation Policy for details on cancellation, refunds, and failed payments.

Included AI Usage. Your Concierge subscription includes a reasonable amount of AI model usage each month. If your usage significantly exceeds normal patterns, we will notify you and may ask you to purchase additional credits through BrainDrive Models. We will not charge you for overage or suspend AI access without notifying you first.

Price Changes. BrainDrive may change the Concierge subscription price. If we increase the price, we will notify you by email at least 30 days before the new price takes effect. The new price will apply to your next billing cycle after the notice period. If you do not agree to the new price, you may cancel your subscription before it takes effect — you will not be charged the higher amount. Your BrainDrive data can be exported and moved to a self-hosted installation at any time.

BrainDrive Models is a separate, pay-as-you-go service available to anyone running a self-hosted BrainDrive instance. It is not a subscription.

Purchasing Credits

• You may purchase AI credits in any amount between $5 and $25 per transaction. These limits may change.
• Payments are processed by Stripe. BrainDrive never sees or stores your credit card number. By completing a purchase, you agree to these Terms and our Privacy Policy.
• Upon successful payment, you will receive an API key via email and on-screen. This key is your credential for accessing BrainDrive Models.

How Credits Work

• Credits are applied to your API key as a usage budget. Each AI model request consumes credits based on the model’s token pricing.
• Pricing. When BrainDrive routes your request to a third-party AI model provider, a service fee is applied on top of the provider’s cost to cover infrastructure, support, and service operation. When BrainDrive hosts the AI model directly, BrainDrive sets the token pricing. In either case, credit consumption rates are determined by BrainDrive and may change as models and providers change.
• Credit balances reflect your remaining usage budget, not a cash balance. Credits are not a stored-value instrument, gift card, or currency.

Your API Key

• Your API key is delivered to you once. You are responsible for storing it securely. We do not retain a copy of your key after delivery.
• If you lose your API key, your remaining credit balance is still associated with your email address. Contact info@braindrive.ai for assistance.
• Do not share your API key. You are responsible for all usage on your key, whether or not you authorized it.

Key Portability

• Your API key works with any self-hosted BrainDrive installation. You may use it on multiple devices or reinstall BrainDrive without losing your credit balance.
• Your key is tied to your email address, not to a specific installation.

Refunds

• Credits are non-refundable. Once purchased, credit balances cannot be converted back to cash or refunded, except as required by applicable law.
• Service issues. If you experience a technical issue that prevents you from using purchased credits (e.g., our service is down for an extended period), contact info@braindrive.ai. We handle these requests on a case-by-case basis.
• Chargebacks. If you initiate a chargeback or payment dispute with your bank, your API key will be automatically revoked. If the dispute is resolved in BrainDrive’s favor, your key will be reinstated.

Credit Expiration

• Credits do not expire as long as your account is in good standing.
• BrainDrive reserves the right to introduce an expiration policy in the future with at least 90 days’ written notice to affected users.

Credit Exhaustion & Service Suspension

• If your credit balance reaches zero, your API key will stop processing requests. No charges will be incurred beyond your purchased balance. Your self-hosted BrainDrive continues to function — you can use local models (e.g., Ollama) or add more credits at any time.
• If your BrainDrive Models access is suspended for a Terms violation, your remaining credits are forfeited. Your self-hosted BrainDrive installation and all data on it are unaffected.

You own your data. Content you create, upload, or store in your BrainDrive Library belongs to you. BrainDrive does not claim ownership of your content.

Limited license to operate the service. By using BrainDrive Concierge, you grant us a limited license to store, process, and transmit your content solely for the purpose of operating the service on your behalf. This license exists only to make the service work — we will not use, sell, share, license, or monetize your content for any other purpose.

BrainDrive Models users: Your Library content and chat history remain on your own hardware. We do not have access to it. When you make an AI request through BrainDrive Models, your prompt is sent to BrainDrive’s infrastructure for processing. If the request is handled by a third-party AI model provider, your prompt is forwarded to that provider and the response is returned to you. If the request is handled by a model hosted directly by BrainDrive, your prompt is processed entirely on BrainDrive’s infrastructure. In either case, we do not store, log, or read the content of your prompts or responses.

Data portability. You can export your complete data (Library files and database) at any time via the in-app export feature. We believe your data should be as easy to take with you as it is to create.

Content monitoring. We do not routinely or proactively monitor, review, or access the content you store in your Library or your chat history. For Concierge users, there are limited circumstances in which we may access your data — see our Privacy Policy for details. For BrainDrive Models users, your data is on your own hardware and we do not have access to it.

Your use of BrainDrive services is subject to our Acceptable Use Policy, which defines what you can and cannot do on the service. The Acceptable Use Policy is incorporated into these Terms by reference.

BrainDrive can connect to outside services and tools on your behalf — such as email, messaging, calendars, and other third-party services. These connections are configured by you and act under your direction.

BrainDrive Concierge: Only tools and connections that have been reviewed and approved by the BrainDrive team are available on managed hosting. You may not install unapproved tools or bypass connection restrictions on managed hosting.

Self-hosted users: You may configure any tools or external connections you choose. BrainDrive is not responsible for third-party tools or services you connect to your self-hosted instance. You are responsible for any credentials, API keys, or permissions you grant to your BrainDrive installation.

The BrainDrive Community at community.braindrive.ai is a public discussion forum powered by Discourse.

Your posts are public. Content you post on the forum — including posts, replies, and your profile information — is visible to anyone on the internet, including search engines. Do not post private or sensitive information on the forum.

Content license. By posting on the forum, you grant BrainDrive a non-exclusive, royalty-free license to display, distribute, and archive your posts as part of operating the forum. You retain ownership of your content. You may request deletion of your account and posts at any time (see Section 10).

Moderation. BrainDrive administrators and moderators may read, edit, move, or delete posts to maintain community standards and enforce these Terms and the Acceptable Use Policy. We reserve the right to remove content or suspend forum access for behavior that is abusive, harassing, spamming, or otherwise harmful to the community.

Community access. Access to the BrainDrive Community is a privilege, not a right. We may restrict or revoke forum access for violations of these Terms or the Acceptable Use Policy, independent of any Concierge or Models account status.

BrainDrive Concierge

You can cancel your subscription at any time from the billing settings page in your account.

• Cancellation takes effect at the end of your current billing period. You retain full access until then.
• After your billing period ends, your hosted instance is suspended and your data is preserved on our servers for 30 days.
• During the 30-day period, you can log in and export your data.
• After 30 days, your data is permanently deleted from our active systems.
• Encrypted backups may retain your data for up to 90 days as backups naturally rotate per our retention schedule. These backups are encrypted and access-restricted.
• Your self-hosted option remains. After cancellation, you can continue using BrainDrive on your own hardware at no cost. If you exported your data before cancellation, you can import it into a self-hosted instance and pick up where you left off.

For full details, see our Refund & Cancellation Policy.

BrainDrive Models

BrainDrive Models has no subscription to cancel. Your API key remains active as long as you have a credit balance and your account is in good standing. To delete your BrainDrive Models account, contact info@braindrive.ai. See Section 5 (Refunds) for the credit refund policy.

BrainDrive Community

You can request deletion of your forum account by contacting info@braindrive.ai. Posts you made may be anonymized rather than deleted to preserve discussion continuity. If you prefer full post deletion, let us know and we will accommodate where possible.

BrainDrive respects the intellectual property rights of others. If you believe content on our service infringes your copyright, please follow the process in our DMCA Policy.

Repeat infringers. We maintain a policy of terminating the accounts of users who are repeat copyright infringers, as described in our DMCA Policy.

By You

You may cancel your Concierge account at any time. See Section 10 for the cancellation and data preservation process. For BrainDrive Models, contact info@braindrive.ai to delete your account. For the Community forum, see Section 10.

By BrainDrive — With Notice

If we determine that you have violated these Terms or the Acceptable Use Policy, we will notify you of the violation and, where appropriate, give you a reasonable opportunity to address it. If the violation is not resolved, we may suspend or terminate your access to BrainDrive services (Concierge hosting and/or Models API access).

By BrainDrive — Immediate

We reserve the right to immediately suspend or terminate your access to BrainDrive services without prior notice in the following circumstances:

• Active security threats to the service or other users
• Illegal activity
• Legal compulsion (court orders, sanctions, law enforcement with proper process)
• Fraud
• Actions that endanger other users or platform integrity
• Abuse of BrainDrive Models, including but not limited to: using the API to generate harmful, illegal, or prohibited content; sharing, reselling, or redistributing API access; automated or programmatic abuse that circumvents intended usage patterns; or any use that violates the AI model provider’s usage policies
• Repeated or severe violations of community standards on the BrainDrive Community forum

If we suspend or terminate your service access immediately, we will notify you promptly with an explanation (unless prohibited by law). For Concierge users, your data will be preserved for 30 days so you can export it (unless legally prohibited). For BrainDrive Models users, your API key will be revoked and remaining credits will be forfeited.

What suspension and termination do NOT affect: Your self-hosted BrainDrive installation, your locally stored data, your ability to run BrainDrive on your own hardware, and your ability to use local or third-party AI models that you configure yourself. BrainDrive is open-source software — suspension of our hosted services does not limit your use of the software itself.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BRAINDRIVE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the service will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant the accuracy or reliability of any AI-generated content.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINDRIVE LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO BRAINDRIVE IN THE 12 MONTHS PRECEDING THE CLAIM.

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

You agree to indemnify, defend, and hold harmless BrainDrive LLC, its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the service
• Your content
• Your violation of these Terms or the Acceptable Use Policy
• Your violation of any third-party rights

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Informal Resolution First. Before filing any formal dispute, you agree to contact us at info@braindrive.ai and attempt to resolve the matter informally. We will make a good-faith effort to resolve the issue within 30 days. Most concerns can be resolved quickly this way.

Binding Arbitration. If we cannot resolve a dispute informally, you and BrainDrive agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or the service through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration will be conducted remotely (by phone, video, or written submission) unless otherwise agreed. The arbitrator’s decision will be final and binding, and may be entered as a judgment in any court of competent jurisdiction.

No Class Actions. You and BrainDrive agree that disputes will be resolved on an individual basis only. Neither party may bring claims as a plaintiff or class member in any class action, consolidated action, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

Small Claims Exception. Either party may bring an individual action in small claims court in lieu of arbitration, provided the claim falls within the court’s jurisdictional limits.

Costs. BrainDrive will pay all AAA filing and arbitrator fees for claims under $10,000, unless the arbitrator determines the claim is frivolous. For claims above $10,000, fees will be allocated according to AAA rules. Each party bears its own attorneys’ fees unless the arbitrator awards them to the prevailing party.

Opt-Out. You may opt out of this arbitration agreement by sending written notice to info@braindrive.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in the State of Delaware, and you consent to personal jurisdiction in those courts.

BrainDrive shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, power outages, internet or telecommunications failures, failures of third-party service providers (including AI model providers and hosting infrastructure), government actions, or labor disputes. We will make reasonable efforts to resume service as soon as practicable and will notify affected users of any material disruption.

We may update these Terms from time to time. If we make material changes, we will notify you by email at least 30 days before the changes take effect. We will also post the updated Terms on our website with a revised “Last Updated” date.

Your continued use of the service after the effective date of updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you may cancel your account before the changes take effect.

• Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, DMCA Policy, and Refund & Cancellation Policy, constitute the entire agreement between you and BrainDrive regarding the service.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. BrainDrive may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.

If you have questions about these Terms, contact us at:

Email: info@braindrive.ai

Website: braindrive.ai