LAST UPDATED: 8/13/2025
1. Introduction
These terms of service, as amended from time to time, are a legal agreement between GigaBrain Corporation, its affiliates and any of our or their respective successors or assigns (collectively, “Company” “our,” “we” or “us”) and you (“you”) regarding your use of Company’s website located at http://www.thegigabrain.com (the “Site”) and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively with the Site, the “Services”). The Services are offered to you by Company and its development and technology partners, suppliers, service providers, licensors and licensees (collectively, “Third Party Providers”) who may assist in the development, hosting, operation, distribution, marketing, publication or exploitation of the Services. Your access to and the use of the Services is subject to your acceptance of the terms, conditions, policies and notices contained herein (this “Agreement” or “Terms of Service”).
Your access to and use of the Services constitutes your acceptance, without modification, of this Agreement and our Privacy Policy, which you can view here: https://thegigabrain.com/privacy.html . In addition, we require your express acceptance to this Agreement and the Privacy Policy, the terms of which are incorporated herein by reference, when you register to access and use the Services. If you do not agree to be bound by this Agreement or the Privacy Policy, then you are not permitted to register for access or use of the Services and are not to use or access the Services.
The Terms of Service apply whether you are a user that registers an account with the Services or an unregistered user. You agree that by clicking “Sign Up” or otherwise registering, downloading, accessing, or using the Services, you are entering into a legally binding agreement between you and Company regarding your use of the Services. You acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not access or otherwise use any of the Services.
We may amend any of the terms of these Terms of Service by posting the amended terms. Your continued use of the Services after the effective date of the revised Terms of Service constitutes your acceptance of the terms.
PLEASE NOTE: SECTION 16, WHICH CONTAINS JURISDICTION-SPECIFIC PROVISIONS, SPECIFIES HOW WE RESOLVE DISPUTES AND CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST COMPANY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION. BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS AND YOU ACCEPT ALL OF ITS TERMS.
BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM RECEIVING THE SERVICES.
2. Services Overview
Company’s Services scans volumes of discussions on Reddit and other online communities to find the most useful posts and comments for users. In addition, the Services provide a marketplace which enables connections between users and certain users who answer questions on the Site (“Microexperts”). Company is not in the business of providing or selling information or education that is within any Microexpert’s area of expertise. Users of the Site, not Company, provide the content in Answers and the Microexperts determine which questions to provide an answer via the Site (“Answer”).
MICROEXPERTS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF COMPANY. YOU HEREBY ACKNOWLEDGE THAT COMPANY SIMPLY FACILITATES THE CONNECTION BETWEEN YOU AND MICROEXPERTS AND DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR ANY SUCH EXCHANGE AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR ANY ANSWER OR EXCHANGE WITH A MICROEXPERT, INCLUDING BUT NOT LIMITED TO WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Microexperts may be subject to a review process before they can be verified as a Microexpert. Although Company may perform such verification, Company cannot confirm that any Microexperts or User is who they claim to be or that they will provide an Answer that will be satisfactory or knowledgeable. Any reference on the Services to a Microexpert being an expert or credentialed in some manner is only used to denote a user that has the ability to provide Answers.
Answers by Microexperts on the Site are provided by Microexperts not the Company and are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. By answering questions, Microexperts do not intend to form, and do not form attorney-client or doctor-patient relationships with you. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. No professional-client relationships shall be formed on the Site. Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Site and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.
The Site is an Internet-based forum. Information and materials submitted in the content of your forum discussions, profiles, qualifications, comments, and posts are not private or confidential and it may be read, collected, and used by others.
Your solicitation of questions directly to Microexperts (off of the public forms of the Site) as well as the corresponding Answers will not be displayed publicly by the Company; provided, however we may, in our discretion, publicly share and/or display questions and Answers on the Site or elsewhere in any anonymous fashion, without reference to your name or other personally identifiable information. Any such one-to-one communications with Microexperts do not give rise to any privilege, including, without limitation attorney-client or doctor-patient.
3. User Account Registration; Representations and Warranties
All users, including Microexperts, must register with us and create an account (“User Account”). To establish a User Account, you may be required to provide Company with certain personal information, including without limitation, your first and last name, date of birth, e-mail address, username, and phone number. You agree that you will supply accurate information, and that you will update that information promptly if it changes. Company reserves all rights to pursue legal action against all persons who misrepresent personal information or who are otherwise untruthful about their identity, and to suspend or cancel User Accounts registered with inaccurate or incomplete information. Multiple accounts may not be created sharing the same name, email, credit card or payment processing account(s). By registering for a User Account, you agree that we may display your username and profile picture, if any.
You are solely responsible for maintaining the confidentiality of your User Account, your password and for restricting access to your computer. If you permit others to use your User Account credentials, you agree to these Terms of Service on behalf of all other persons who use the Services under your User Account or password, and you are responsible for all activities that occur under your User Account or password.
Unless expressly permitted in writing by Company, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your account. Company reserves all available legal rights and remedies to prevent unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. YOU AGREE THAT YOU HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR USER ACCOUNT, AND THAT ALL RIGHTS IN AND TO THE USER ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF COMPANY.
In addition to the representations and warranties otherwise included herein, all Users represent and warrant that:
4. Payment
The Services allow users to post questions to Microexperts, facilitates communication with Microexperts and enables delivery of Answers, among other services. When asking a question of a Microexpert, you may provide them with monetary consideration of various increments, including “coffee,” “meal” or other denomination of your choosing. In order to facilitate these payments, you will be required to provide your payment method details directly to our Third Party Provider.
Microexperts will answer questions in their discretion; provided, however questions associated with higher compensation are more likely to be provided priority. Company does not guarantee that you will receive an Answer, or that you will be satisfied with your Answer or communication with a Microexpert. You agree that any amount that was charged upon posting your question, whether you receive an Answer or not, may be retained by Company in consideration for access to the Services.
Microexperts can choose to declare that they will be donating all or a portion of their proceeds, up to 100%, to a charitable organization of their choice. This donation happens off of the Services and the Company is in no way affiliated with charitable organizations.
Users of the Services may be liable for any taxes or similar charges required to be collected and/or paid on payments made or received hereunder. In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that Company may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting. In jurisdictions where Company facilitates the collection and/or remittance of sales tax on behalf of Microexperts, you instruct and authorize Company to collect taxes on your behalf, and/or to remit such taxes to the relevant tax authority. You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law. You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements.
For any and all payment issues, users should contact help@thegigabrain.com.
Company is under no obligation to provide any refunds and all payments and exchanges are final.
5. License
The Services are owned and operated by Company. Unless otherwise indicated, all content, information, and other materials on the Services (excluding User Content, set out in Section 6 below), including, without limitation, Company’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Company or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Company, by agreeing to these Terms of Service you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Services for your personal use or internal business use only. Company reserves all rights not expressly granted in these Terms of Service.
6. User Content
The Services may allow you to upload and distribute content or to post, transmit, perform, or store content, or other data or materials on the Services, including, without limitation reviews (“User Content”). Questions and Answers shall be considered User Content.
To the extent permitted by applicable law, Company takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Services. Your use of the Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Company is not liable for any statements or representations included in User Content. Company does not endorse any User Content, opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, we reserve the right to remove, screen, or edit any User Content posted or stored on the Services at any time and without notice, including where such User Content violates these Terms of Service or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Services.
i. License to Company
You will retain ownership rights in and to your User Content. The foregoing notwithstanding, unless otherwise agreed to herein or in a written agreement between you and Company that was signed by an authorized representative of Company, if you submit, transmit, display, perform, post, or store User Content using the Services, you grant Company and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Company and its sub-licensees are allowed to use them to the extent indicated in these Terms of Service. As noted in Section 2 of these Terms of Service, your questions and any Answers will be private, however we may publicly display questions and Answers in an anonymous fashion without reference to your name or private information.
ii. User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (a) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content does not and will not: (I) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (II) defame any other person; (c) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (d) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or confidential information of any third parties. Company reserves all rights and remedies against any users who breach these representations and warranties.
iii. Content is Uploaded at Your Own Risk
To the furthest extent permitted by applicable law, you hereby agree that Company shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against Company for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY COMPANY HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
7. Prohibited Conduct
YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Services.
You agree that you will comply with these Terms of Service and will not:
i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
ii. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the User Accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity;
iii. send junk mail or spam to users of the Services, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
iv. harvest or collect email addresses or other contact information of other users from the Services;
v. defame, harass, abuse, threaten, or defraud users of the Services, or collect or attempt to collect, personal information about users or third parties without their consent;
vi. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Services or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Services, (c) features that enforce limitations on the use of the Services or User Content, or (d) the copyright or other proprietary rights notices on the Services or User Content;
vii. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
viii. modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
ix. interfere with or damage the operation of the Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
x. relay email from a third party’s mail servers without the permission of that third party;
xi. access any website, server, software application, or other computer resource owned, used, and/or licensed by Company, including but not limited to the Services, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures we may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by Company, including but not limited to the Services;
xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Services;
xiii. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
xiv. use or attempt to use another user’s User Account without authorization from that user;
xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access; and
xvi. use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy, or to establish a competing service.
8. Digital Millennium Copyright Act
We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the Services if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:
i. provide your physical or electronic signature;
ii. identify the copyrighted work that you believe is being infringed;
iii. identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website;
iv. provide us a way to contact you, such as your address, phone number or email address;
v. provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
vi. provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:
GigaBrain Corporation
Attn: DMCA Agent
530 Technology Drive, Suite 100
Irvine, CA 92618
Email: help@thegigabrain.com
9. Trademarks
The Company logos, and any other product or service name, logo, or slogan used by Company, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of Company, and may not be used in whole or in part in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company, without our prior written permission.
All other trademarks referenced in the Services are the property of their respective owners. Reference on the Services to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
10. Third-Party Content; Social Media
You are responsible for deciding if you want to access or use third-party websites or applications that link from the Services (the “Reference Sites”). Company does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
As part of the functionality of the Site, you may link your User Account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).
Our Service may display search results from YouTube. By using the Service, you acknowledge and agree to being bound by the YouTube Terms of Service.
11. Idea Submission
If you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”) such Submissions shall be deemed and shall remain the property of Company in perpetuity. By making any Submission, the sender automatically grants, or warrants that the owner of such material expressly grants, Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) throughout the universe and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for any purpose that Company chooses, whether internal, public, commercial, or otherwise, without any compensation, credit or notice to the sender whatsoever. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Company relating to unsolicited Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality.
12. Termination
To the fullest extent permitted by applicable law, Company reserves the right, without notice and in our sole discretion, to terminate your license to use the Services (including to post User Content) and to block or prevent your future access to and use of the Services, including where we reasonably consider that: (i) your use of the Services violates these Terms of Service or applicable law; (ii) you fraudulently use or misuse the Services; or (iii) we are unable to continue providing the Services to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (a) the Services, (b) any term of these Terms of Service, (c) any policy or practice of Company in operating the Services, or (d) any content or information transmitted through the Services, is to terminate your account and to discontinue use of any and all parts of the Services.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company, its affiliated companies, and each of our respective Third Party Providers, contractors, employees, officers, directors, agents, third-party suppliers, licensors, and partners (individually and collectively, the “Indemnified Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Services, any User Content you post, store, or otherwise transmit in or through the Services, your violation of the rights of any third party, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the Indemnified Parties of any third-party claim, and Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY COMPANY; (B) THE INDEMNIFIED PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING ANY MATERIALS AS WELL AS USER CONTENT; (C) COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
15. Limitation of Liability and Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT SHALL COMPANY OR THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE USER CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM COMPANY OR FROM A MICROEXPERT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES; AND (II) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, COMPANY SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THE SERVICES AND MATERIALS, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF SERVICE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16. Applicable Law and Venue; Arbitration
PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service or the Privacy Policy (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days prior to initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person or entity to the other in accordance with the Notice section below. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. Notwithstanding the foregoing, Company may seek (and obtain) injunctive or other equitable relief in any court of competent jurisdiction. Without limiting or waiving any right or remedy to which Company or its assigns may be entitled under these Terms of Service or applicable law, in the event of any actual or threatened breach of these Terms of Service by you or on your behalf, Company would be irreparably damaged if these Terms of Service were not specially enforced and, as such, you agree that Company shall be entitled, without the need to post bond or other security or provide proof of damages, to obtain injunctive relief or other equitable relief in any court of competent jurisdiction. You may not, in any circumstance, seek to enjoin or limit the availability of any of Company’s products or services. To the full extent permitted by law: (I) no arbitration shall be joined with any other; (II) there is no right or authority for any claim related to these Terms of Service or Company’s products or services to be arbitrated on a class action basis or to utilize class action procedures; and (III) there is no right or authority for any claim to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THIS AGREEMENT, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. YOU UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed and enforced under, the laws, rules and regulations of the United States of America and the laws, rules and regulations of the State of California, excluding conflict of law rules and principles.
YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Miscellaneous
i. Waiver
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
ii. Severability
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
iii. Notice
In accordance with provisions in this Agreement requiring Company to give notice to you, we will do so by means of a general notice on our website or electronic mail to your email address on record in your User Account (if you have created a User Account), the choice of which being at our discretion. Any provisions in this Agreement requiring you to give notice to Company can be done so by means of email to: help@thegigabrain.com by first class mail, postage prepaid, or overnight courier to:
GigaBrain Corporation
530 Technology Drive, Suite 100
Irvine, CA 92618
iv. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
v. Survival
Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, and Sections 12 -17.
vi. Entire Agreement
The Terms of Service is the entire agreement between you and Company relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Service made by Company as set forth herein.
The Aire app ("Aire") is a video generation social platform owned and operated by GigaBrain Corporation that enables users to create AI-generated videos through community voting and credit-based systems. By using Aire, you agree to be bound by these Terms of Service in their entirety, including this section specific to Aire.
Aire provides two methods for video generation:
Community Voting System: Users submit video prompts and starting frame images. The most upvoted prompts each hour are automatically generated using AI video models. By participating, you acknowledge that generation is subject to community preference and is not guaranteed.
Credit-Based Generation: Users can purchase or earn credits to generate videos on-demand. Generated videos may be published at the user's discretion or kept private.
Credit Earning: Users may earn credits when their published videos receive upvotes from other users. Credit earning rates are determined by Company in its sole discretion and may be modified at any time without notice.
Credit Purchasing: Credits may be purchased individually or through subscription plans. All credit purchases are final and non-refundable except as specifically provided in Section xviii below.
Credit Costs: The cost of generating videos using credits may be modified by Company at any time without prior notice. Changes apply to future generations only.
Anti-Abuse Measures: Company reserves the right to remove credits earned through illicit means including but not limited to: creating multiple accounts, vote manipulation, account takeover, coordinated inauthentic behavior, or any other method deemed fraudulent by Company in its sole discretion.
User-Generated Prompts: You retain ownership of original text prompts you create. However, you grant Company a worldwide, royalty-free license to use prompts for video generation and platform operation.
AI-Generated Videos: Videos generated through Aire's AI models are owned by the user who initiated the generation, subject to the license grants in Section 6 of these Terms.
Third-Party Content: You represent that any starting frame images or prompt content you submit does not infringe third-party rights including copyrights, trademarks, publicity rights, or privacy rights.
In addition to Section 7 prohibitions, the following are specifically prohibited on Aire:
Harmful Content Generation:
Platform Manipulation:
Intellectual Property Violations:
Automated Filtering: Company employs automated systems to prevent generation of prohibited content. These systems may reject prompts or starting frames that violate these Terms.
Human Review: Company reserves the right to review generated content and user prompts. Violations may result in content removal, credit forfeiture, or account suspension.
AI Model Limitations: AI-generated content may be inaccurate, inappropriate, or unintended. Company does not guarantee the quality, accuracy, or appropriateness of generated videos.
User Responsibility: You are solely responsible for all content you generate, publish, or share through Aire. You agree to indemnify Company for any claims arising from your use of the video generation features.
No Guarantee of Generation: Company does not guarantee that prompts will be selected for community generation or that credit-based generation will always be available.
Content Removal: Company may remove any generated content that violates these Terms or applicable law, regardless of credits spent or community votes received.
Commercial Rights: Users may use their generated videos for commercial purposes, subject to these Terms and applicable law.
Platform Promotion: By publishing videos on Aire, you grant Company the right to use your content for platform promotion, marketing, and feature demonstrations.
Third-Party Licensing: Company does not guarantee that generated content is free from third-party intellectual property claims. Users assume all risk for commercial use.
Users must be at least 18 years old to generate video content on Aire. By using video generation features, you represent that you are of legal age and have the capacity to enter into these Terms.
Feature Changes: Company may modify, suspend, or discontinue video generation features, credit systems, or community voting at any time without notice or liability.
Data Export: Users are responsible for downloading or saving their generated content. Company is not obligated to preserve content upon platform modification or discontinuation.
Content Restrictions: Generated content must comply with applicable laws in your jurisdiction. Some content legal in your location may still violate these Terms.
Export Controls: Video generation technology may be subject to export controls. International users are responsible for compliance with applicable trade regulations.
Right to Refuse Service: Company reserves the right to refuse video generation services to any user for any reason.
Credit Expiration: Unused credits may expire according to terms disclosed at time of purchase or earning.
System Resources: Video generation consumes significant computational resources. Company may implement queue systems, rate limits, or usage caps to manage demand.
DMCA Compliance: Company complies with the Digital Millennium Copyright Act. If you believe generated content infringes your copyright, please follow the procedures outlined in Section 8 of these Terms.
Content ID Systems: Company may implement automated systems to detect and prevent generation of potentially infringing content based on copyrighted material.
Repeat Infringer Policy: Users who repeatedly generate content that infringes third-party copyrights may have their accounts terminated and lose all credits without refund.
Counter-Notification: If your content is removed due to a copyright claim you believe is invalid, you may submit a counter-notification following DMCA procedures.
Export Control Compliance: Aire's video generation technology may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and sanctions administered by the Office of Foreign Assets Control (OFAC).
Restricted Territories: Users in certain countries or territories may be restricted from accessing video generation features due to applicable trade laws and sanctions.
User Representations: By using video generation features, you represent that you are not located in a restricted territory and are not subject to any trade sanctions or export control restrictions.
Compliance Monitoring: Company reserves the right to monitor usage patterns and restrict access to ensure compliance with applicable export control laws.
Content Storage: Generated videos and associated prompts may be stored on Company servers for operational purposes. Company does not guarantee permanent storage of user content.
Retention Periods:
User Deletion Rights: Users may request deletion of their generated content, subject to legal retention requirements and technical limitations.
Backup and Recovery: Company may maintain backup copies of content for technical and legal purposes, which may persist beyond user deletion requests.
Biometric Data Processing: When generating videos depicting human faces or forms, Aire may process biometric identifiers. By uploading starting frame images containing people, you consent to this processing.
Consent Requirements: You represent that you have obtained all necessary consents from individuals depicted in starting frame images for biometric processing and video generation.
State Law Compliance: Users in jurisdictions with specific biometric privacy laws (including Illinois, Texas, and Washington) acknowledge that video generation may involve biometric data processing subject to those laws.
Data Minimization: Company processes biometric data only as necessary for video generation and does not store biometric templates beyond the generation process.
Third-Party Rights: You are solely responsible for ensuring you have rights to submit images of other people for video generation purposes.
If you encounter content on Aire that you believe violates these Terms of Service, please report it immediately using the in-app reporting tools or by contacting help@thegigabrain.com with relevant details.
No Refunds - General Rule: All credit purchases, subscription fees, and other payments are final and non-refundable, except as specifically provided below.
Fraud Exception: If a fraudulent transaction occurs on your account without your permission, Company may provide a refund if:
Fraud Investigation: Company reserves the right to investigate suspected fraudulent activity, which may include temporarily suspending account access and credit usage during the investigation period.
Chargeback Protection: Users who initiate chargebacks for legitimate transactions may have their accounts terminated and forfeit all credits and content.
Additional Refund Limitations: Refunds under the fraud exception are limited to the monetary value of unused credits and do not include:
Refund Processing: Approved fraud-related refunds will be processed to the original payment method within 10-15 business days. Company may require additional verification before processing refunds.
Prevention Measures: Company may implement additional security measures, including transaction limits or verification requirements, to prevent future fraudulent activity on your account.
Subscription Terms: Subscription plans renew automatically unless cancelled. Company may modify subscription terms, pricing, or credit allocations with 30 days notice.
Failed Generations: If video generation fails due to technical issues on Company's end, Company may, in its sole discretion, refund the credits used for that specific generation.
This applies even if:
By using Aire's video generation features, you acknowledge the inherent risks of AI-generated content and agree to use the platform responsibly and in compliance with all applicable laws.