Terms of Service

1. Accepting these terms
2. Accounts and workspaces
3. Calling rules
4. Acceptable use
5. AI agents and their output
6. Credit and payment
7. Your content and data
8. Third-party services and AI assistants
9. Partners
10. Our rights
11. Suspension and ending
12. Disclaimers
13. Limitation of liability
14. Indemnity
15. Changes
16. Governing law
17. Contact

1. Accepting these terms

By creating an account, joining a workspace or using the Service you agree to these terms on behalf of yourself and the business you use it for. If you don’t agree, don’t use the Service. You must be at least 18 and able to enter into a contract.

2. Accounts and workspaces

• Give accurate sign-up details. New accounts are reviewed and approved by the Brainchat team before they can be used; we may decline an account.
• Keep your password and linked Telegram account secure. You are responsible for what happens under your account.
• Workspace owners decide who joins their workspace and with which role, and are responsible for their members’ use of it.

3. Calling rules

Phoning people is regulated. When you upload numbers, run a campaign, place an AI call or publish a call page, you are the caller and you must:

• have a lawful basis — such as consent or an existing customer relationship — to call each person, and keep evidence of it;
• follow the telemarketing, do-not-call, call-recording and data-protection laws of the places you call, including permitted calling hours;
• respect requests not to be called again (the agent records them as “do not call”);
• make sure callers can find out that they are speaking with an AI agent when the law requires it, and not instruct the agent to claim to be human;
• only use caller IDs assigned to your workspace.

Calls may be recorded and transcribed. You are responsible for telling the people you call when the law requires it.

4. Acceptable use

You must not use the Service to:

• harass, threaten, deceive or defraud anyone, or impersonate a person or organisation;
• make robocalls or bulk calls the law forbids, or call emergency services;
• collect payment card numbers, passwords, government ID numbers or health data over calls unless you are allowed to and have told us in advance;
• promote anything illegal, or adult, violent or hateful content;
• break, probe or overload the Service, get around its limits, or access other workspaces’ data;
• resell the Service except under a Brainchat partner agreement.

5. AI agents and their output

The agent speaks using AI models. It follows your instructions, knowledge and guardrails, but it can misunderstand, mishear or say something inaccurate. You are responsible for the instructions and knowledge you give it, for reviewing call results before relying on them, and for any promise made to a caller in your name. Don’t use the agent for decisions with legal or similarly significant effects on people without human review.

6. Credit and payment

• Calls are paid from prepaid call credit. You are charged per started minute of answered talk time at the price shown in the portal; unanswered calls are not charged.
• When credit runs out, campaigns pause until you top up.
• We may change prices with notice in the portal; changes apply to calls made after they take effect.
• Taxes, and any charges from your own providers, are your responsibility. Refunds of unused credit are handled case by case unless the law requires otherwise.

7. Your content and data

Your workspace content — numbers, scripts, knowledge, recordings, transcripts and CRM data — remains yours. You give us permission to host, process and transmit it only to provide and support the Service, as described in our Privacy Policy. You confirm you have the rights and consents needed to upload it. You can export your data and ask us to delete it.

8. Third-party services and AI assistants

The Service relies on providers such as Cloudflare, Google (Gemini), Voximplant and Telegram. Tools, APIs and MCP servers you connect, and AI assistants you connect Brainchat to (for example Claude or ChatGPT), are governed by their own terms; you are responsible for the data you send to them and the actions you ask them to take. Actions taken through a connected assistant are treated as actions by you.

9. Partners

If you use Brainchat through a partner (an agency offering it under its own brand), the partner may manage your workspace, credit and pricing. Your agreement with the partner covers those arrangements; these terms still govern your use of the Service.

10. Our rights

The Service, its software, voices, design and brand belong to Brainchat and its licensors. We give you a limited, non-exclusive, non-transferable right to use it under these terms. If you send us feedback, we may use it without obligation to you.

11. Suspension and ending

You can stop using the Service at any time. We may suspend or end access — with notice where reasonable — if you break these terms or the law, if your use puts people or the Service at risk, or if your account is unpaid. When an account ends we will delete workspace data as described in the Privacy Policy, after giving you a reasonable chance to export it unless the reason for ending makes that inappropriate.

12. Disclaimers

The Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all warranties, including fitness for a particular purpose and uninterrupted or error-free operation. Call connection depends on telephone networks we don’t control.

13. Limitation of liability

To the extent the law allows, Brainchat is not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue or data. Our total liability for any claim relating to the Service is limited to the amount you paid us in the three months before the claim. Nothing in these terms limits liability that cannot be limited by law.

14. Indemnity

You will defend and compensate Brainchat against claims by third parties — including people you called — arising from your calls, your content, or your breach of these terms or the law.

15. Changes

We may update these terms. We will change the date at the top and, for important changes, tell workspace owners in the portal or by email before they take effect. Continuing to use the Service after that means you accept the updated terms.

16. Governing law

These terms are governed by the laws of Bangladesh, and the courts of Dhaka have jurisdiction, unless the law where you live gives you the right to bring a claim elsewhere.

17. Contact

Questions about these terms: ariyantheguy@gmail.com.