Terms of Service

1. Description of Services

The Services allow users to create, personalize, and publish humorous, AI-assisted articles and content (including text, images, and other media) on custom, thematic domain names (e.g., OnlyOpinions.com, TextingFails.com). Users can share this content via built-in tools (e.g., text, email, link copying, etc.) to promote virality. The Services are ad-supported and may include premium subscriptions.

2. User Accounts

To use certain features, you must create an account by providing accurate information (e.g., name, email). You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized access at support@brainspam.com.

We reserve the right to suspend or terminate accounts at our discretion, including for violations of these Terms.

3. Content Creation, Ownership, and Rights

Your Content

You retain ownership of any content you create or upload ("User Content"), including articles, images, prompts, and shared links. However, by submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, distribute, modify, display, and perform your User Content in connection with providing and promoting the Services (e.g., for AI training, virality tracking, or display on the Site).

AI-Generated Content

Content generated via our AI tools is provided "as is." You are solely responsible for reviewing, editing, and ensuring the appropriateness of all User Content before publishing or sharing.

Prohibited Content

You must not create, upload, publish, or share User Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of privacy, or infringing on intellectual property rights.
• Promotes violence, discrimination, hatred, or harm based on race, ethnicity, religion, gender, sexual orientation, age, disability, or other protected characteristics.
• Contains explicit, obscene, or pornographic material not aligned with humorous intent (as determined by us).
• Impersonates others, spreads misinformation, or engages in spam, phishing, or malware distribution.
• Violates any law, regulation, or third-party rights.

We may, but are not obligated to, monitor, review, or remove User Content at any time. You assume all liability for your User Content, and we disclaim any responsibility for it.

4. Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms.
• Attempt to hack, disrupt, or overburden the Services (e.g., DDoS attacks, unauthorized access).
• Reverse engineer, decompile, or extract source code from the Services.
• Use automated tools (e.g., bots, scrapers) without our permission.
• Engage in commercial activities not expressly permitted (e.g., reselling access).
• Harass, stalk, or harm other users or third parties through the Services.

Violations may result in immediate termination of your account and legal action.

5. Intellectual Property

The Services, including software, designs, trademarks (e.g., "BrainSpam"), and AI tools, are owned by us or our licensors and protected by intellectual property laws. You are granted a limited, non-transferable license to use the Services for personal, non-commercial purposes only.

6. Subscriptions and Payments

If you subscribe to premium features, you agree to pay the fees as described. Subscriptions may auto-renew unless canceled. We use third-party processors for payments; we do not store full payment details. All fees are non-refundable except as required by law.

7. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Limitation of Liability

WE, OUR SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, OR REPUTATION, EVEN IF ADVISED OF SUCH POSSIBILITY.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE PRECEDING 12 MONTHS (OR $100 IF NO PAYMENT WAS MADE).

WE ARE NOT LIABLE FOR ANY USER CONTENT, INCLUDING CLAIMS OF DEFAMATION, INVASION OF PRIVACY, OR OTHER HARMS CAUSED BY USER-GENERATED MATERIAL. YOU ASSUME ALL RISKS ASSOCIATED WITH PUBLISHING OR SHARING CONTENT ON OUR PLATFORMS OR CUSTOM DOMAINS.

9. Indemnification

You agree to indemnify, defend, and hold harmless Knowledge Campus, Inc., its shareholders, officers, directors, employees, contractors, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your User Content, including any third-party claims of defamation, infringement, or harm.
• Your violation of these Terms or applicable laws.
• Your use or misuse of the Services.

This indemnification survives termination of these Terms or your account.

10. Termination

We may terminate or suspend your access to the Services at any time, without notice or liability, for any reason, including suspected violations. Upon termination, your license to use the Services ends, and we may delete your User Content.

You may terminate your account at any time by contacting support@brainspam.com.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Travis County, Texas. You consent to personal jurisdiction and venue therein.

We encourage informal resolution first; contact us at legal@brainspam.com.

12. Changes to These Terms

We may update these Terms at any time. Changes will be posted here with an updated "Last Updated" date. Continued use of the Services after changes constitutes acceptance.

13. Miscellaneous

• Severability: If any provision is held invalid, the remainder remains in effect.
• No Waiver: Failure to enforce any right does not waive it.
• Assignment: We may assign these Terms without your consent; you may not assign without our written approval.
• Entire Agreement: These Terms, along with our Privacy Policy, DMCA Copyright Policy, and Cookie Policy, constitute the full agreement.

14. Contact Us

For questions or notices:

• Knowledge Campus, Inc.
• BrainSpam
• 3267 Bee Caves Rd Suite 107-186
• Austin, TX 78746
• Email: legal@brainspam.com