Electronic Brain Terms of Use

1.1. These Terms of Use (the “Terms”) govern the use of “the Electronic Brain platform” (the “Product”), an artificial intelligence agent offered at https://electronicbrain.ai/ by Electronic Brain Inc. (“Electronic Brain”). The Terms apply between Electronic Brain and any natural or legal person who accesses or uses the Product (the “User”). Electronic Brain and the User are each referred to as a “Party” and together as the “Parties”.

1.2. By accepting these Terms electronically when creating an account, or by using the Product in any way, the User confirms that they have read, understood and accepted these Terms. Anyone who does not accept these Terms must not use the Product.

1.3. A person accepting these Terms on behalf of a company or other legal entity represents that they are authorized to bind that entity. In that case, “User” also refers to that entity.

1.4. The User represents that they are at least 18 years old and have full legal capacity.

1.5. The usage guidelines and any feature-specific terms that Electronic Brain publishes on the Platform form part of these Terms. The Privacy Policy explains how Electronic Brain processes personal data; the User should read it alongside these Terms.

3.1. The Product is an AI agent provided over the internet through a web browser, without requiring any installation. The scope of the Services consists of the Product’s current technical and functional features and the features and usage limits of the Subscription Plan the User selects.

3.2. The Product is new and continuously evolving. Electronic Brain may add, change or remove features, adjust usage limits, or offer new Services. Changes that materially reduce the core functions of a paid Subscription Plan will be notified to the User reasonably in advance.

3.3. Electronic Brain may offer certain features as beta, preview or trial versions. Such features may be limited in time or functionality, may change or be withdrawn at any time, and are provided “as is”. Additional terms may apply to certain features; where they conflict with these Terms, the additional terms prevail for that feature.

3.4. If Electronic Brain decides to discontinue the Product entirely, it will give the User advance notice and refund any fees paid in advance for the unused period.

3.5. Services not expressly included in the Product, such as consulting, custom integration, customization or enterprise deployment, are outside the scope of these Terms. Electronic Brain may offer such services separately, and they will be governed by a separate agreement between the Parties.

4.1. When creating an Account, the User must provide accurate, current and complete information and keep it up to date. Electronic Brain may use this information to communicate with the User about the Services.

4.2. The User may not share the Account’s login credentials or make the Account available to anyone else. All activity carried out through the Account is deemed to be the User’s activity.

4.3. The User must notify Electronic Brain immediately, at [email protected], upon becoming aware of any unauthorized access to the Account or any breach of its security.

4.4. If the User registers with an email address belonging to an employer or another organization, the Account may be linked to that organization’s account with Electronic Brain. In that case, the organization’s administrator may be able to manage the Account and access its Content. Electronic Brain will notify the User before linking, unless the organization has already informed the User.

4.5. Electronic Brain may refuse an Account registration on reasonable grounds. Electronic Brain may also close a free Account that has been inactive for more than 12 (twelve) months, after giving the User prior notice.

5.1. Electronic Brain will provide the Services in accordance with these Terms and with due care.

5.2. Electronic Brain will maintain reasonable and appropriate technical and organizational security measures for the security, integrity and availability of the Services, in line with applicable law and industry standards.

5.3. Electronic Brain may temporarily suspend access to the Services for maintenance and updates. Planned maintenance will be announced in advance where possible. In urgent cases, such as preventing abuse, meeting legal requirements or addressing security or operational issues, access may be suspended without prior notice.

5.4. The User is responsible for the security of its own devices, networks, browsers and accounts, and of any Third-Party Services it connects to the Product. Electronic Brain is not liable for any security incident, data breach or unauthorized access arising from or attributable to any of these.

5.5. Electronic Brain provides general support for the use of the Product through documentation, help content and the support channels specified on the Platform.

6.1. The User will use the Product only in accordance with these Terms and applicable law. The User may not, and may not help anyone else to:

1. (i)use the Product for any unlawful, harmful, fraudulent or abusive purpose, or in a way that infringes the intellectual property, privacy, personality or other rights of any person;
2. (ii)copy, modify, sell, lease, distribute or create derivative works of the Product or any part of it;
3. (iii)reverse engineer, decompile, disassemble or otherwise attempt to discover the Product’s source code, models, algorithms, infrastructure or operating logic, except where applicable law expressly permits this;
4. (iv)scrape, crawl or otherwise extract data or Outputs from the Product by automated means, or access the Product through bots or scripts, unless Electronic Brain expressly permits it;
5. (v)circumvent or attempt to circumvent usage limits, access restrictions, security measures or safety mitigations, or interfere with or disrupt the Product (for example by introducing malware or overloading it);
6. (vi)use the Product, its Outputs or its Actions to gain unauthorized access to any system, account or information, or to deceive any person;
7. (vii)present Outputs as human-generated when they are not, where this would mislead others;
8. (viii)use the Product or its Outputs to develop or train a product, service or AI model that competes with the Product, or resell access to the Product;
9. (ix)use Outputs about a person to make decisions that have a legal or similarly significant effect on that person (such as decisions on credit, employment, education, housing, insurance or health) without appropriate human review.

6.2. The User is responsible for obtaining and securing the internet connection, devices, browsers and software needed to access the Product.

6.3. The User is liable for all damages incurred by Electronic Brain and/or third parties as a result of the User’s breach of this Section. In that case, Electronic Brain may restrict or suspend the User’s access to the Product under Section 17 and exercise its legal rights.

7.1. The User acknowledges that the Product is based on artificial intelligence (“AI”) technologies that are still developing in terms of accuracy, reliability and safety. Because of their probabilistic nature:

1. (i)Outputs may be inaccurate, incomplete, outdated or misleading, even when they appear detailed or confident;
2. (ii)Actions may contain errors or may not be carried out as the User intended;
3. (iii)Outputs may be similar to those generated for other users and may not be unique;
4. (iv)Outputs may not reflect Electronic Brain’s views, and a reference to a third-party product or service in an Output does not mean that the third party endorses or is affiliated with Electronic Brain.

7.2. Outputs and Actions always require human interpretation, verification and oversight. The User must evaluate Outputs for accuracy and suitability, and independently confirm them, before using, sharing or acting on them. Outputs are not legal, financial, investment, medical or other professional advice and must not be used as a substitute for it.

7.3. The User is responsible for all Actions the Product carries out at the User’s direction or with the User’s approval, including Actions in connected Third-Party Services, and for their consequences. The User should review an Action before approving it where the Product asks for approval.

7.4. Relying on, using or making decisions based on Outputs or Actions is entirely at the User’s own discretion and risk. Electronic Brain is not responsible for the consequences of using Outputs or Actions without appropriate human review and verification.

8.1. As between the Parties, and to the extent permitted by applicable law, the User retains all rights it holds in its Inputs. Subject to the User’s compliance with these Terms, Electronic Brain assigns to the User any rights it may have in the Outputs. This assignment does not cover outputs generated for other users or content belonging to third parties.

8.2. The User is solely responsible for its Content. The User represents and warrants that it has all rights, licenses and permissions needed to provide its Inputs, to have Electronic Brain process them under these Terms, and to have the Product carry out Actions, including in connected Third-Party Services. The User also warrants that its Inputs and the Actions it directs do not violate these Terms, the rights of third parties or applicable law. If Electronic Brain is required to make any payment because of the User’s Content, Electronic Brain reserves the right of recourse against the User.

8.3. Electronic Brain processes Content to provide, maintain, secure and improve the operation of the Services, to comply with applicable law, and to enforce these Terms.

8.4. Electronic Brain does not use the User’s Content to train its own AI models or products.

8.5. The Services are provided through the cloud infrastructure and AI service providers that Electronic Brain uses. Content may be processed and stored on these providers’ infrastructure to the extent necessary to provide the Services.

8.6. The User is responsible for backing up its important data. Unless Electronic Brain acted with intent or gross negligence, Electronic Brain is not liable for the deletion, corruption or loss of Content.

8.7. Electronic Brain may use anonymized and aggregated usage statistics, which cannot identify the User or the substance of its Content, to monitor and improve the operation of the Services.

9.1. At the User’s choice, the Product may be used together with Third-Party Services, and Outputs may include content obtained from them. Third-Party Services are subject to their own terms and privacy policies, and the User uses them at its own risk.

9.2. Electronic Brain does not control Third-Party Services and is not responsible for their availability, content, security or operation, or for any loss arising from their use.

10.1. The Product may be offered under free and/or paid Subscription Plans. The fees, billing periods and scope of paid plans are announced on the Platform. Unless stated otherwise, fees exclude VAT and other applicable taxes.

10.2. When purchasing a paid Subscription Plan, the User must provide complete and accurate billing information and a valid payment method.

10.3. Fees are charged in advance at the start of each billing period. Paid subscriptions renew automatically for the same period, and the User’s payment method is charged on each renewal date, until the User cancels. To avoid the next charge, the User must cancel before the renewal date.

10.4. If a payment cannot be completed, Electronic Brain may downgrade the User to a free plan or suspend the Services until payment is received. Electronic Brain’s continued provision of the Services without receiving payment does not constitute a waiver of its receivables.

10.5. Electronic Brain may change its fees. Fee increases will not apply during a billing period already paid for; they will be notified to the User at least 30 (thirty) days in advance and will apply from the next renewal. A User who does not accept the increase may cancel before that renewal.

10.6. Banking and payment service provider charges are borne by the User. Electronic Brain is not liable for errors caused by third-party payment service providers. Unless these Terms or mandatory law provide otherwise, fees paid are non-refundable.

10.7. Questions about fees, charges or invoices, and any dispute of a charge, can be sent to [email protected].

10.7. For Users who qualify as consumers, their rights under Turkish Consumer Protection Law No. 6502 and the Regulation on Distance Contracts are reserved.

11.1. All software (including source code, object code and documentation), models, trademarks, logos, designs, databases, know-how and all other intellectual and industrial property rights, whether registered or not, used, developed or provided by Electronic Brain in connection with the Product, the Platform and the Services (“Intellectual Property Rights”) belong exclusively to Electronic Brain or its licensors.

11.2. Nothing in these Terms may be construed as an assignment or transfer of Intellectual Property Rights to the User. Electronic Brain grants the User a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to use the Product only for the duration of, and in accordance with, these Terms.

11.3. The User may not remove, obscure or alter any copyright, trademark or other proprietary notices on the Product. The User may not use Electronic Brain’s or the Product’s name, logo or trademarks in a way that suggests affiliation, sponsorship or endorsement without Electronic Brain’s prior written consent.

11.4. Electronic Brain may freely use any comments, suggestions and feedback the User provides about the Product, without any obligation or payment to the User. Providing feedback is voluntary.

12.1. Anyone who believes that content on or generated through the Product infringes their intellectual property or other rights, or violates these Terms or the law, may notify Electronic Brain at [email protected]. The notice should identify the right concerned, describe the content and where it is located, and include the sender’s contact details and a statement that the information provided is accurate.

12.2. Electronic Brain may remove or disable access to content it believes violates these Terms or the law, or that is alleged to be infringing, and may close the accounts of repeat infringers where appropriate.

13.1. To the extent permitted by mandatory law, the Services, Outputs and Actions are provided “as is” and “as available”. Electronic Brain does not warrant that the Services will be uninterrupted, accurate, secure or error-free, that they will be fit for any particular purpose of the User, or that Content will not be lost or altered.

13.2. Except in cases of intent or gross negligence, Electronic Brain is not liable for any indirect, incidental, consequential, special or punitive damages, including but not limited to loss of profit, revenue, goodwill, data or business opportunity, under any legal theory (contract, tort or otherwise), even if Electronic Brain was advised of the possibility of such damages.

13.3. Notwithstanding anything to the contrary in these Terms, Electronic Brain’s total liability for all claims arising from these Terms or the Services is limited to the greater of (i) the total fees actually paid by the User to Electronic Brain in the 12 (twelve) months preceding the date the claim arose, and (ii) 100 USD.

13.4. The limitations in this Section do not apply to liability that cannot be excluded or limited under mandatory law, including the rights of consumers.

14.1. A User that uses the Product on behalf of a business or organization will, to the extent permitted by law, indemnify Electronic Brain, its affiliates and personnel against all losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from third-party claims relating to the User’s use of the Services, its Content, the Actions it directs or its breach of these Terms.

15.1. Electronic Brain processes the User’s personal data obtained during Account creation and use of the Product as a data controller under Turkish Personal Data Protection Law No. 6698 (“KVKK”) and related legislation. Details of this processing are set out in the Privacy Policy published on the Platform.

15.2. Where Inputs contain personal data of third parties, the User acts as data controller and Electronic Brain as data processor with respect to that data. The User is responsible for ensuring a valid legal basis for processing that data and providing it to the Product, for informing the data subjects, and for obtaining their explicit consent where required.

15.3. The User acknowledges that, because the Services are provided through the service providers referred to in Section 8.5, personal data may be processed outside Türkiye. Electronic Brain carries out such transfers in compliance with the conditions set out in KVKK.

15.4. Each Party is solely responsible for its own acts or omissions that breach KVKK and for any resulting damages suffered by the other Party.

16.1. The User will keep confidential any non-public information of Electronic Brain that it may access while using the Product, including technical information, software, product roadmaps, features in testing and any information that should reasonably be considered confidential by its nature (“Confidential Information”). The User will not disclose Confidential Information to third parties without Electronic Brain’s prior written consent and will use it only to use the Product.

16.2. Electronic Brain will keep the User’s Content confidential. Electronic Brain shares Content only with its service providers to the extent necessary to provide the Services, and with competent authorities where required by law.

16.3. Confidentiality obligations do not apply to information that is or becomes public, was lawfully in the receiving Party’s possession beforehand, is lawfully obtained from third parties, or is independently developed. Where disclosure is required by law or by order of a competent authority, disclosure will be limited to what is required.

16.4. The obligations in this Section survive termination of these Terms for as long as the relevant information remains confidential.

17.1. These Terms take effect upon the User’s acceptance and remain in force until terminated by either Party. Paid Subscription Plans are valid for the subscription period specified on the Platform and renew under Section 10.3.

17.2. The User may stop using the Product at any time, may delete its Account at any time in its account settings on the Platform, and may cancel its subscription through the Platform or by contacting Electronic Brain at [email protected]. A cancelled paid subscription continues until the end of the period already paid for and does not renew.

17.3. Electronic Brain may terminate these Terms without cause by giving the User at least 30 (thirty) days’ notice. In that case, fees paid in advance for the unused period will be refunded pro rata.

17.4. If the User breaches these Terms, Electronic Brain will notify the User to remedy the breach. If the breach is not remedied within 30 (thirty) days of the notice, Electronic Brain may terminate these Terms. However, Electronic Brain may immediately suspend the User’s access or terminate these Terms, without refund, in the event of a breach of Section 6, non-payment, where this is required to comply with the law, or where the User’s use creates a risk of harm to the Product, Electronic Brain, other users or third parties.

17.5. A User who believes its access was suspended or terminated in error may object by contacting Electronic Brain at [email protected]. Electronic Brain will review the objection in good faith.

17.6. Upon termination of these Terms for any reason, the User’s right to use the Product ends automatically. Subject to any statutory retention obligations, Electronic Brain may delete the Content and other data associated with the Account within a reasonable period after termination. Where a User deletes its own Account, Content it contributed to a shared workspace remains available to that workspace’s other members, as described in the Privacy Policy. Provisions that by their nature should survive termination (including fees outstanding, intellectual property, disclaimers and limitation of liability, indemnity, confidentiality and dispute resolution) remain in force.

18.1. Events beyond the Parties’ control that prevent or delay performance of their obligations constitute force majeure. These include natural disasters, fire, pandemics, war, terrorism, cyberattacks, infrastructure or power outages, widespread outages of service providers, strikes, lockouts, embargoes and administrative or legal measures.

18.2. Neither Party is liable for delay or non-performance caused by force majeure. The affected Party will notify the other Party within a reasonable time and make reasonable efforts to mitigate its effects.

18.3. If force majeure continues for more than 2 (two) months, either Party may terminate these Terms by written or electronic notice without any liability for compensation.

19.1. The User must comply with all sanctions and export control laws applicable to it and to Electronic Brain. The User may not use the Product in, or provide access to it from, any country or region subject to comprehensive sanctions, and represents that neither it nor anyone using its Account is a person or entity listed on an applicable sanctions list. Inputs may not include material whose export or transfer requires a government license.

19.2. Electronic Brain may comply with requests and orders of courts, governmental and law enforcement authorities relating to the Services or to information processed under these Terms, within the limits of applicable law.

20.1. Scope. This Section applies to Users who reside in the United States. If this Section conflicts with any other provision of these Terms, this Section prevails for those Users. Nothing in these Terms limits any right a User has under the mandatory consumer protection or privacy laws of the User’s state of residence.

20.2. California privacy rights. Electronic Brain processes the personal information of California residents in accordance with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (together, the “CCPA”). The Privacy Policy contains Electronic Brain’s notice at collection, lists the categories of personal information collected, and explains how California residents may exercise their rights to know, access, delete and correct their personal information, to opt out of the sale or sharing of personal information, and to limit the use of sensitive personal information. Electronic Brain will not discriminate against a User for exercising these rights. Electronic Brain does not sell or share personal information for cross-context behavioral advertising. Requests may be submitted at [email protected] directly or through an authorized agent.

20.3. Other state privacy laws. Residents of other U.S. states with comprehensive consumer privacy laws (such as Colorado, Connecticut, Virginia and Texas) may have similar rights, as described in the Privacy Policy. Under California Civil Code Section 1798.83 (“Shine the Light”), California residents may request information about any disclosure of their personal information to third parties for those third parties’ direct marketing purposes.

20.4. Children. The Product is not directed to children under 13, and Electronic Brain does not knowingly collect personal information from children under 13 in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If Electronic Brain learns that it has collected such information, it will delete it. Parents or guardians who believe this has happened may contact Electronic Brain at [email protected].

20.5. Automatic renewal. For paid subscriptions, including free trials that convert into paid subscriptions, Electronic Brain will, in accordance with the California Automatic Renewal Law (Business and Professions Code Section 17600 et seq.) and similar state laws: (i) clearly disclose, before purchase, the price, the renewal frequency, that the subscription will renew until cancelled, and how to cancel; (ii) obtain the User’s express consent to the automatic renewal terms; (iii) send an acknowledgment of these terms and of the cancellation method after purchase; (iv) let the User cancel online through the Platform, using the same medium used to subscribe, without unnecessary steps; (v) notify the User in advance of any price change and before a free trial converts into a paid subscription, where required; and (vi) send an annual reminder for subscriptions that renew annually or more frequently, stating the renewal terms, the amount charged and how to cancel.

20.6. Notice to California consumers. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Questions or complaints about the Product may be sent to Electronic Brain at [email protected].

20.7. Copyright notices (DMCA). Electronic Brain responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512. A notice must be sent to Electronic Brain’s designated agent at [email protected] and must include: (i) the physical or electronic signature of the copyright owner or a person authorized to act on its behalf; (ii) identification of the copyrighted work claimed to be infringed; (iii) identification of the allegedly infringing material and information reasonably sufficient to locate it; (iv) the complaining party’s contact information; (v) a statement of good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and (vi) a statement, under penalty of perjury, that the notice is accurate and that the sender is authorized to act on behalf of the owner. A User whose material is removed may submit a counter-notice as provided in the DMCA. Electronic Brain will terminate the accounts of repeat infringers in appropriate circumstances.

20.8. Disclaimer for US Users. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, OUTPUTS AND ACTIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND ELECTRONIC BRAIN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ELECTRONIC BRAIN’S LIABILITY IS LIMITED AS SET OUT IN SECTION 13. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER THE LAW OF YOUR STATE.

20.9. US export controls and sanctions. Without limiting Section 19, the User must comply with the U.S. Export Administration Regulations and the sanctions programs administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). The User represents that it is not located in a country or region subject to a comprehensive U.S. embargo and is not listed on any U.S. government restricted party list, including OFAC’s Specially Designated Nationals List and the Commerce Department’s Entity List and Denied Persons List.

20.10. Governing law for US Users. Section 21.7 applies to U.S. Users, except that it does not deprive a U.S. User who is a consumer of the protection of mandatory provisions of the law of the User’s state of residence, or of the right to bring an individual claim in a small claims court of competent jurisdiction.

21.1. Amendments. Electronic Brain may update these Terms, for example to reflect changes in the Services or pricing, changes in law, or for security, safety or abuse-prevention reasons. The current version is published on the Platform. Changes that materially and adversely affect the User will be notified by email or through the Platform at least 30 (thirty) days before they take effect; other changes take effect when published. Continued use of the Product after the changes take effect constitutes acceptance. A User who does not accept the changes must stop using the Product and may close its Account.

21.2. Notices. Notices between the Parties are given to the email address registered in the User’s Account, through in-Platform notifications, or to Electronic Brain at [email protected]. Notices sent to the User’s registered email address are deemed valid notices.

21.3. Evidence. The User agrees that, in any dispute, Electronic Brain’s system records, electronic records and logs constitute evidence under Article 193 of Turkish Code of Civil Procedure No. 6100, without prejudice to the User’s right to submit counter-evidence.

21.4. Assignment. The User may not assign its rights and obligations under these Terms to third parties without Electronic Brain’s prior written consent. Electronic Brain may assign these Terms to its affiliates or to a successor in the event of a merger, acquisition or transfer of assets.

21.5. Waiver and severability. Failure or delay in exercising a right does not constitute a waiver of that right. If any provision of these Terms is held invalid or unenforceable, it will be applied to the maximum extent permissible and the validity of the remaining provisions is not affected.

21.6. Entire agreement and precedence. These Terms, together with the documents incorporated in Section 1.5 and the Subscription Plan terms announced on the Platform, constitute the entire agreement between the Parties regarding the Product. If Electronic Brain and the User have signed a separate written agreement, that agreement prevails on any conflicting matters.

21.7. Governing law and jurisdiction. These Terms are governed by the laws of the Republic of Türkiye. Before starting legal proceedings, the Parties will try in good faith to resolve any dispute amicably by contacting each other in writing. The Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction over disputes arising from these Terms. Electronic Brain’s right to seek interim injunctive relief from competent courts, particularly against breaches of Section 6, is reserved. For Users who qualify as consumers, the right to apply to Consumer Arbitration Committees and Consumer Courts under Law No. 6502 is reserved.

21.8. Effective date. These Terms consist of 21 (twenty-one) sections, including this one, and take effect on 27 October 2026, the date of their publication on the Platform.