Brain Agents AIBrain Agents AI

Terms of Service

Last updated: April 28, 2026.

These Terms of Service (the "Terms") govern the relationship between Brain Agents AI and the person or entity that creates an account on the Service (the "Customer"). By creating an account or using the Service, the Customer accepts these Terms. Capitalized terms not otherwise defined here are defined in the Privacy Policy.

1. Acceptance of Terms

The Customer agrees to these Terms by checking the acceptance checkbox at signup or by using the Service. Use of the Service after the effective date of any updated Terms constitutes acceptance of the update.

If the Customer is accepting these Terms on behalf of an organization, the Customer represents that they have authority to bind that organization, and "Customer" refers to that organization throughout these Terms.

2. Service description

Brain Agents AI is a self-serve, multi-cloud cost-and-optimization SaaS. The Service reads cost-and-optimization data from connected Customer cloud accounts on a strictly read-only basis, normalizes and stores it in Google Cloud us-east1, and provides dashboards and AI-agent insights to the Customer.

The Service does not read Customer code, workload contents, databases, storage objects, network traffic, secrets, or end-user data. The full security posture is described at /security, and the technical data flow, including each storage destination and the boundary between data that leaves the Customer's cloud and data that does not, is described at /security/data-flow.

The Service is provided as a software-as-a-service product. No on-premise deployment, source-code license, or custom-developed component is included.

3. Eligibility and account registration

The Service is offered to residents of the United States, Canada (excluding Quebec), Mexico, Argentina, Chile, Colombia, Peru, Uruguay, and other Latin American countries other than Brazil.

The Service is not offered to residents of European Union member states, the United Kingdom, Brazil, or Quebec.

Quebec carve-out. By creating an account, you confirm that you are not a resident of Quebec. The Service is not available to Quebec residents.

Geographic enforcement. Account creation is gated at the network edge by an allowlist of supported countries. Continued use of the Service from a non-supported jurisdiction may result in account termination.

Account information. The Customer agrees to provide accurate, current, and complete registration information and to keep it accurate over the life of the account. The Customer is responsible for keeping account credentials confidential and for all activity on the Customer's account. The Customer must notify Brain Agents AI promptly at [email protected] of any suspected unauthorized access.

Eligible age. The Service is not directed at users under the age of 13 or the equivalent minimum age in the user's jurisdiction. By creating an account, the Customer confirms they meet this requirement.

4. Acceptable use

The Customer may not, and may not permit any third party to:

  • resell or sublicense the Service to a third party,
  • scrape, crawl, or systematically extract content from the Service,
  • attempt to reverse engineer, decompile, or otherwise derive the source code of the Service, except to the extent applicable law prohibits such restrictions,
  • use the Service in a manner that consumes disproportionate resources, interferes with normal operation, or imposes load that the self-serve plan does not accommodate,
  • attempt to access another customer's data, workspace, or account,
  • use the Service to violate applicable law, including export-control law, sanctions regimes, or rules governing the Customer's industry, or
  • use the Service to develop a product or service that competes with the Service.

Brain Agents AI may suspend or terminate accounts in violation of this Section 4 with reasonable notice, or immediately and without notice when continued operation poses a security, legal, or operational risk.

5. Customer data and processing terms

This Section 5 sets out the processing terms that apply when Brain Agents AI processes Customer data on behalf of the Customer to provide the Service. By accepting these Terms, the Customer enters into both the customer agreement and the processor agreement with Brain Agents AI. No separate data processing agreement is required.

5.1 Scope of processing

Brain Agents AI reads, stores, and analyzes cost-and-optimization data from connected Customer cloud accounts, as described at /security/data-flow. The Service does not read Customer code, workload contents, databases, storage objects, network traffic, secrets, or end-user data.

The categories of data processed are:

  • line-item billing data ingested from connected cloud accounts,
  • optimization recommendations from each cloud's native advisors (GCP Recommender API, AWS Cost Explorer and Compute Optimizer, Azure Advisor),
  • resource metadata required to interpret cost data (resource identifiers, types, regions),
  • Customer account and workspace metadata,
  • support-channel content the Customer sends to Brain Agents AI.

The duration of processing is the term of the Customer's subscription plus the retention windows described in Section 5.6 and at /security/disconnect. The purpose of processing is to operate the Service and to provide the dashboards, recommendations, and AI-agent insights that constitute the Service.

5.2 Security measures

Brain Agents AI applies the security measures described at /security, which include encryption in transit (TLS 1.2 or higher), default Google Cloud encryption at rest, per-workspace BigQuery dataset isolation, least-privilege engineering access, and audit logging on access to Customer data.

5.3 Subprocessors

The current list of subprocessors that Brain Agents AI uses to operate the Service is at /security/subprocessors. Brain Agents AI will notify Customers of material changes to that list via email.

5.4 Customer rights

The Customer may exercise the rights described in the Privacy Policy, including access, deletion, and correction. The mechanics of cloud disconnection, subscription cancellation, and workspace deletion are described at /security/disconnect.

5.5 Breach notification

Brain Agents AI will notify affected Customers without undue delay upon becoming aware of a security breach affecting their data. The notice will describe the nature of the breach, the categories of data affected, the steps taken in response, and the points of contact for further information, to the extent known at the time of notice.

5.6 Data deletion and retention

Retention follows the windows described at /security/disconnect:

  • after subscription cancellation, a 30-day reactivation window applies, after which all workspace data is permanently deleted,
  • after Customer-initiated workspace deletion, a 7-day cooling period followed by a 90-day soft-delete window applies, for a maximum of 97 days from the deletion request before deletion is permanent,
  • raw billing snapshots in Google Cloud Storage are retained for 90 days for operational purposes,
  • when the Customer disconnects an individual cloud, that cloud's data is soft-deleted immediately and purged in the background, while other connected clouds continue to operate.

5.7 Cross-border data transfer

All Customer data is processed and stored in Google Cloud us-east1 in the United States. Customers in Canada and in the Latin American countries where the Service is offered consent to processing in the United States by using the Service.

5.8 License grant

The Customer grants Brain Agents AI a limited, non-exclusive, worldwide license to host, copy, transmit, store, display, and process Customer data solely to provide and operate the Service for the Customer. The Customer retains all ownership rights to Customer data. This license terminates on the schedule described in Section 5.6 above and at /security/disconnect.

5.9 Customer responsibilities

The Customer represents that it has the right to grant the license in Section 5.8 and to authorize Brain Agents AI to process the categories of data described in Section 5.1. The Customer is responsible for the accuracy, lawfulness, and quality of the data the Customer makes available through the connected cloud accounts.

6. Subprocessors

Brain Agents AI uses a small number of subprocessors to operate the Service. The full list, with each subprocessor's role, location, and the data category it accesses, is at /security/subprocessors.

Brain Agents AI will notify Customers of material changes to the subprocessor list via email. Material changes include the addition of a new subprocessor that processes Customer billing data and the replacement of an existing subprocessor with a new vendor.

7. Fees, payment, and refunds

Pricing. Subscription pricing is as displayed at signup or in the Customer's billing portal at the time the Customer subscribes. Brain Agents AI may change subscription pricing on renewal with reasonable notice; pricing changes do not apply to the current billing period.

Payment processor. Payment is processed by Stripe. Card numbers, expiration dates, CVCs, and similar payment-instrument details are collected directly by Stripe and never touch Brain Agents AI infrastructure. Brain Agents AI does not store card data.

Refund policy. All sales are final. When you cancel, your subscription remains active through the end of your current billing period and will not renew. We do not refund unused portions of a paid billing period. Within 7 days of your initial paid signup, you may request a full refund by emailing [email protected] for any reason, no questions asked.

Failed payment handling. If a payment fails, Brain Agents AI may suspend or terminate access for non-payment after reasonable notice. The Customer remains responsible for amounts owed for the period during which the Service was provided.

Taxes. Prices do not include taxes. The Customer is responsible for any sales, use, value-added, or similar taxes that apply to the Customer's purchase, other than taxes based on Brain Agents AI's net income.

Currency. All amounts are denominated in United States dollars unless otherwise stated at the point of purchase.

8. Intellectual property

Customer data. The Customer retains all rights, title, and interest in Customer data. Nothing in these Terms transfers ownership of Customer data to Brain Agents AI.

Service. Brain Agents AI retains all rights, title, and interest in the Service, including the software, dashboards, agents, knowledge-base content, documentation, and any improvements or derivative works of the Service. The Service is licensed, not sold; no rights are granted to the Customer except as expressly set out in these Terms.

Trademarks. "Brain Agents AI" and the Brain Agents AI logo are trademarks of Brain Agents AI. The Customer may not use these marks without prior written permission, except to factually identify the Customer as a user of the Service.

Feedback. Any feedback, comments, suggestions, or ideas the Customer provides about the Service may be used by Brain Agents AI without restriction and without obligation to the Customer. This includes the right to incorporate the feedback into the Service without compensation or attribution.

9. Disclaimers

Service availability. Brain Agents AI is provided on an "as available" basis. We do not currently offer a service-level agreement. Service availability is best-effort.

Warranties. The Service is provided "as is" and "as available." To the maximum extent permitted by applicable law, Brain Agents AI disclaims all warranties, whether express, implied, statutory, or otherwise, including any warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy of recommendations or insights, and quiet enjoyment. No advice or information obtained from Brain Agents AI or through the Service creates any warranty not expressly stated in these Terms.

AI-generated output. Insights, recommendations, projections, and other AI-generated output produced by the Service are informational only. The Customer is responsible for reviewing and validating AI-generated output before acting on it. Brain Agents AI does not warrant that AI-generated output is accurate, complete, fit for any specific purpose, or free of errors.

Third-party services. The Service depends on third-party platforms, including the Customer's connected cloud providers. Brain Agents AI is not responsible for the availability, accuracy, or behavior of third-party services, except to the extent expressly stated in these Terms.

10. Limitation of liability

To the maximum extent permitted by applicable law, the total aggregate liability of Brain Agents AI to the Customer arising out of or related to these Terms or the Service is limited to the fees paid by the Customer to Brain Agents AI in the twelve (12) months preceding the event giving rise to the claim.

To the maximum extent permitted by applicable law, neither party is liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill, even if advised of the possibility of such damages.

The limitations in this Section 10 do not apply to:

  • the Customer's payment obligations under Section 7,
  • the Customer's indemnification obligations under Section 11,
  • breach of confidentiality obligations,
  • a party's gross negligence, willful misconduct, or fraud, or
  • any liability that cannot be limited or excluded under applicable law.

The parties agree that the limitations in this Section 10 are an essential part of the bargain between them and that the fees set out in Section 7 reflect this allocation of risk.

11. Indemnification

By the Customer. The Customer will defend, indemnify, and hold harmless Brain Agents AI from and against any third-party claim arising out of or related to:

  • the Customer's misuse of the Service,
  • the Customer's violation of these Terms,
  • Customer data, including any claim that Customer data infringes a third party's rights or violates applicable law, or
  • the Customer's use of the Service in combination with non-Brain Agents AI products or services where the claim would not have arisen but for that combination.

By Brain Agents AI. Brain Agents AI will defend, indemnify, and hold harmless the Customer from and against any third-party claim that the Service, when used by the Customer in accordance with these Terms, infringes the third party's intellectual property rights.

Conditions. The party seeking indemnification under this Section 11 must (a) give the indemnifying party prompt written notice of the claim, (b) grant the indemnifying party sole control of the defense and settlement of the claim, provided that no settlement that imposes a non-monetary obligation on or admits liability of the indemnified party will be made without that party's prior written consent, and (c) provide reasonable cooperation in the defense at the indemnifying party's expense. Failure to comply with these conditions relieves the indemnifying party of its obligations under this Section 11 only to the extent the indemnifying party is materially prejudiced by the failure.

Mitigation. If the Service becomes, or in Brain Agents AI's reasonable judgment is likely to become, the subject of an infringement claim, Brain Agents AI may, at its option and expense, (i) modify the Service so that it is non-infringing, (ii) procure the right for the Customer to continue using the Service, or (iii) terminate the Customer's subscription and refund any fees prepaid for the period after the termination. This Section 11 sets out the Customer's sole and exclusive remedy for an infringement claim against the Service.

12. Term, termination, and effect of termination

Term. Subscriptions are monthly or annual as selected by the Customer at signup or in the billing portal. Each term renews automatically for a successive period equal to the prior term unless cancelled by the Customer before the renewal date.

Termination by the Customer. The Customer may cancel at any time from the billing portal. The refund policy in Section 7 applies.

Termination by Brain Agents AI. Brain Agents AI may terminate or suspend the Customer's subscription for cause, including material breach of these Terms, non-payment, or abuse of the Service, with reasonable notice. Brain Agents AI may terminate or suspend immediately and without notice when continued operation poses a security, legal, or operational risk.

Effect of termination. On termination, the Customer's access to the Service ends. Customer data is retained on the schedule described at /security/disconnect and Section 5.6, after which it is permanently deleted.

Surviving provisions. Sections 5 (Customer data and processing terms), 8 (Intellectual property), 10 (Limitation of liability), 11 (Indemnification), 13 (Governing law and dispute resolution), 14 (Order Form supersession), and 16 (Contact) survive termination of these Terms.

13. Governing law and dispute resolution

Governing law. These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before initiating arbitration, the parties will attempt to resolve any dispute informally for at least thirty (30) days after written notice of the dispute is delivered to the other party.

Arbitration. Any dispute arising out of or related to these Terms or the Service that is not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator. Hearings may be held in person or remotely at the arbitrator's discretion. Arbitration costs will be shared in accordance with the AAA Commercial Arbitration fee schedule. The arbitrator may award only the relief that a court could award under these Terms and applicable law. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. Disputes will be resolved on an individual basis. The customer and Brain Agents AI each waive the right to participate in any class action, collective action, or representative proceeding.

Small-claims carve-out. This arbitration clause does not apply to claims that qualify for small-claims court in the customer's jurisdiction.

Time limit. Any claim arising out of or related to these Terms must be brought within one (1) year after the claim accrues, or it is permanently barred, except where a longer period is required by applicable law.

14. Order Form supersession

These Terms apply unless modified by a mutually executed Order Form referencing them.

15. Changes to these Terms

Brain Agents AI may update these Terms from time to time. Material changes will be communicated by email to active customers. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of the Service after the effective date of an updated Terms constitutes acceptance of the update.

If a Customer does not accept a material change, the Customer's sole remedy is to cancel the subscription before the effective date of the change in accordance with Section 12.

16. Contact

For general questions, email [email protected].

For privacy and data-rights matters, email [email protected].

For security and vulnerability disclosures, email [email protected].

Mailing address:

Brain Agents AI c/o Summit Path LLC 30 N Gould St Ste N, Sheridan, WY 82801

Brain Agents AI is operated by Summit Path LLC, a Wyoming limited liability company.