Terms of Service

1. Agreement to Terms

By accessing or using our website, applications, and services (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

2. Changes to Terms

We may modify these Terms at any time. If we make changes, we will provide notice through the Services or by other means. Your continued use of the Services after the changes are made constitutes acceptance of the updated Terms.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Services, you must create an account. You agree to:

• Provide accurate and complete information
• Maintain and update your information
• Keep your account credentials secure
• Notify us of any unauthorized access

3.2 SMS Verification and Two-Factor Authentication

When you enable SMS verification or two-factor authentication:

• You consent to receive security codes via SMS
• You acknowledge that message and data rates may apply
• You agree to promptly notify us of phone number changes
• You understand that SMS delivery may be delayed or prevented
• You can opt out by replying STOP to any message
• Opting out may limit your access to certain features

4. Acceptable Use

You agree not to:

• Violate any laws or regulations
• Infringe intellectual property rights
• Submit false or misleading information
• Interfere with the operation of the Services
• Attempt to gain unauthorized access
• Use the Services for malicious purposes
• Share account access with unauthorized users
• Reverse engineer, decompile, or disassemble any part of the Services
• Use automated systems to access the Services without our permission
• Transmit viruses, malware, or other harmful code

5. Payment Terms

5.1 Fees and Billing

• You agree to pay all applicable fees
• Fees are non-refundable unless required by law
• We may change our fees upon notice
• You are responsible for applicable taxes

5.2 Subscription Terms

• Subscriptions automatically renew
• You may cancel at any time
• No refunds for partial billing periods
• Downgrade takes effect at the next billing cycle

5.3 Data Processing Units (DPUs)

• Each plan includes a monthly allocation of DPUs
• Unused DPUs do not roll over to the next billing period
• Overage charges apply at the rate specified in your plan
• You can monitor your DPU usage in your account dashboard

6. Intellectual Property

6.1 Our Rights

• We retain all rights to the Services
• Our trademarks and branding are protected
• You may not use our IP without permission

6.2 Your Content

• You retain rights to your content
• You grant us a license to use your content to provide the Services
• We may remove content that violates Terms
• You are responsible for maintaining backups of your data

6.3 Feedback

Any feedback, suggestions, or ideas you provide about the Services may be used by us without any obligation to you.

7. Privacy and Data Protection

7.1 Privacy Policy

Your use of the Services is subject to our Privacy Policy.

7.2 Data Processing

• We process data as described in our Privacy Policy
• You agree to our data collection practices
• You are responsible for obtaining necessary consents

7.3 Data Security

We implement appropriate technical and organizational measures to protect your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.

8. Third-Party Services

• We may integrate with third-party services
• Third-party terms may apply
• We are not responsible for third-party services
• You authorize us to access your third-party accounts as needed to provide the Services

9. API Usage

If you use our API:

• You agree to our API documentation and guidelines
• Rate limits and usage quotas apply
• We may suspend access for misuse or excessive usage
• API credentials must be kept confidential

10. Termination

We may suspend or terminate your access:

• For Terms violations
• For illegal or harmful activities
• For non-payment
• At our discretion with notice

Upon termination, your right to use the Services will immediately cease. You may request your data within 30 days of termination.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify us against claims arising from:

• Your use of the Services
• Your content
• Your violation of these Terms
• Your violation of any third-party rights

14. Governing Law

These Terms are governed by Utah law, without regard to conflict of law principles.

15. Dispute Resolution

15.1 Arbitration Agreement

• Disputes will be resolved by binding arbitration
• Class action waiver applies
• You may opt out within 30 days

15.2 Small Claims Exception

Claims eligible for small claims court are exempt from arbitration.

15.3 Arbitration Procedures

Arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules in St. George, Utah.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Cerebro.

16.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

16.3 No Waiver

Our failure to enforce any right will not constitute a waiver.

16.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

16.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control.

17. Contact Information

For questions about these Terms: