Terms of Service

Last updated: October 29, 2025

1. Agreement to Terms

By accessing or using BrainPosh's website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Description of Services

BrainPosh provides software engineering services, including but not limited to:

  • Custom software development
  • Web and mobile application development
  • Cloud architecture and infrastructure
  • API development and integration
  • AI and machine learning solutions
  • Legacy system modernization

The specific scope, deliverables, timeline, and pricing for services will be outlined in separate project agreements or statements of work.

3. Use of Website

3.1 Permitted Use

You may use our website for lawful purposes only. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon the intellectual property rights of others
  • Transmit any harmful or malicious code
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the website or servers
  • Use automated systems to access the website without permission

3.2 Account Security

If you create an account with us, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Intellectual Property Rights

4.1 Our Intellectual Property

The website and its original content, features, and functionality are owned by BrainPosh and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Project Deliverables

Ownership of intellectual property rights in project deliverables will be specified in individual project agreements. Unless otherwise agreed in writing, BrainPosh retains ownership of all pre-existing intellectual property, tools, frameworks, and methodologies used in delivering services.

4.3 Client Materials

You retain all rights to materials, content, and information you provide to us. By providing such materials, you grant us a license to use them solely for the purpose of delivering our services to you.

5. Payment Terms

Payment terms will be specified in individual project agreements. General terms include:

  • Fees are due according to the payment schedule outlined in the project agreement
  • Late payments may incur interest charges
  • We reserve the right to suspend services for non-payment
  • All fees are non-refundable unless otherwise specified in writing

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of any agreement between us.

7. Warranties and Disclaimers

7.1 Service Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Specific warranties for deliverables will be outlined in project agreements.

7.2 Website Disclaimer

Our website is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, secure, or error-free.

8. Limitation of Liability

To the maximum extent permitted by law, BrainPosh shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from your use or inability to use our services
  • Any damages exceeding the amount paid by you for our services in the 12 months preceding the claim

9. Indemnification

You agree to indemnify and hold harmless BrainPosh and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services or violation of these Terms.

10. Term and Termination

These Terms remain in effect while you use our website or services. We may terminate or suspend your access immediately, without prior notice, for any reason, including:

  • Breach of these Terms
  • Non-payment of fees
  • Fraudulent or illegal activity
  • At our sole discretion

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which BrainPosh operates, without regard to its conflict of law provisions.

11.2 Arbitration

Any disputes arising from these Terms or our services shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property matters.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14. Entire Agreement

These Terms, together with any project agreements or statements of work, constitute the entire agreement between you and BrainPosh regarding the use of our services and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms of Service, please contact us using the form below: