Terms and Conditions
Cerebro (“Cerebro”, “Company”, “we” or “us”) provides its Services (as described below) to you through its website located at www.cerebroai.ai and through its mobile applications and other interactive properties owned and operated by Cerebro (collectively, the “Site”), subject to the following Terms of Use. The Site is an online community for creative professionals. It enables users to access and/or purchase courses, post photographs, images, and videos, share comments, opinions, and ideas, promote their work, and participate in contests and promotions. These services, including any new features and applications, and the Site, are referred to as the “Services”.
1. Acceptance of Terms of Use
These Terms of Use form a binding agreement between you and Cerebro. By accessing and using the Services, whether as a guest or a registered user, you agree to these Terms of Use and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Services. If you are using the Services on behalf of a business, that business also agrees to these terms.
2. Changes to the Terms of Use
Cerebro may revise and update these Terms of Use at its discretion. Changes will be posted on this page, and we will indicate the date of the last update. Your continued use of the Services after the changes are posted means you accept the updated Terms. Check this page regularly for any updates, as they are binding on you.
3. Access to the Services
Cerebro reserves the right to modify or discontinue, temporarily or permanently, any part of the Services without notice. You agree that Cerebro will not be liable for any modification, suspension, or discontinuation of the Services. Access to certain parts of the Services may be restricted to registered users or subject to regional availability.
4. Registration
To access certain features of the Site, you may be required to register by providing accurate, current, and complete information. You agree to update your registration details as necessary. If you provide inaccurate or incomplete information, Cerebro reserves the right to suspend or terminate your account.
5. Account Security
You are responsible for maintaining the confidentiality of your login credentials and are accountable for all activities under your account. Notify Cerebro immediately of any unauthorized use of your account. Cerebro is not responsible for any loss resulting from unauthorized access due to your failure to safeguard your account information.
6. User Conduct
6.1 Use of the Service
The Services are for personal, non-commercial use only. Without explicit written permission from Cerebro, you may not distribute, reproduce, modify, or commercially exploit any part of the Services.
6.2 Prohibited Uses
You agree not to use the Services for any illegal purpose or in violation of these Terms. This includes but is not limited to harassment, harmful content, copyright violations, and fraudulent activities. You are prohibited from using any automated tools (such as bots) to interact with the Services.
7. User Contributions
All content you upload to the Site (e.g., photographs, videos) remains your property, but you grant Cerebro a non-exclusive, worldwide, royalty-free license to use, modify, and distribute your content across various media. You also grant other users the right to share your content through social media linked to the Site.
8. Disputes Between Users
You are responsible for your interactions with other users. Cerebro is not liable for disputes between users but reserves the right to get involved if necessary.
9. Intellectual Property Rights
All content and features on the Site are owned by Cerebro or its licensors and are protected by intellectual property laws. You are granted a limited, non-transferable license to use the content for personal, non-commercial purposes. Unauthorized use may result in termination of access.
10. Copyright Complaints
If you believe that any content on the Site infringes your intellectual property rights, you can notify Cerebro’s copyright agent. Your notice must include specific information, such as the material in question and your contact details. Cerebro will take appropriate action, including removing the content if necessary.
11. Monitoring and Enforcement
Cerebro reserves the right to monitor user activity and enforce the Terms of Use. We may remove or refuse to display any content that violates these terms or is deemed inappropriate. Your account may also be suspended or terminated for violating the Terms of Use.
12. Geographic Restrictions
Cerebro’s Services may not be available in all regions, and it is your responsibility to ensure compliance with local laws when using the Services. You warrant that you are not located in any country subject to U.S. trade sanctions.
13. Fees
Cerebro offers Services for a fee. You agree to pay for any content or Services you purchase, and you authorize Cerebro to charge your selected payment method. All fees are non-refundable unless otherwise specified, and the prices are subject to change.
14. Refunds
Refund policies vary based on the Service. Refunds are not available for accounts that violate the Terms of Use. For purchases made through third-party platforms (e.g., Apple App Store), their refund policy applies.
15. Subscription Terms
Subscription plans grant you access to certain content for a specific period. Subscriptions automatically renew unless canceled before the renewal date. You are responsible for managing your subscription settings. Subscription fees are non-refundable, except as otherwise specified.
16. Disclaimer of Warranties
The Services are provided "as is" without any warranties of any kind. Cerebro does not guarantee that the Site or Services will be error-free, secure, or available at all times. You use the Services at your own risk.
17. Limitation of Liability
To the fullest extent allowed by law, Cerebro will not be liable for any damages resulting from your use or inability to use the Services, including any loss of data, revenue, or business opportunities.
18. Indemnification
You agree to indemnify and hold Cerebro and its affiliates harmless from any claims, losses, or damages resulting from your violation of these Terms of Use or your use of the Services.
19. Governing Law and Jurisdiction
These Terms of Use are governed by the laws of the State of New York. Any legal actions or proceedings must be brought in the courts of New York. By using the Services, you consent to this jurisdiction and venue.
20. Dispute Resolution
Any disputes between you and Cerebro will be resolved through binding arbitration. You agree to waive your right to a jury trial or to participate in a class action. Arbitration will be conducted in New York, and the costs will be shared unless deemed otherwise by the arbitrator.
21. Limitation on Time to File Claims
You must bring any claim related to these Terms of Use within one year after the cause of action arises, or your claim will be barred.
22. Waiver and Severability
If Cerebro does not enforce a right under these Terms, it does not waive that right. If any provision of the Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
23. No Third-Party Beneficiaries
These Terms of Use do not create any third-party beneficiary rights. You may not assign your rights under these Terms without Cerebro’s consent.
24. Entire Agreement
These Terms, along with the Privacy Policy, constitute the entire agreement between you and Cerebro and supersede all previous agreements or understandings related to the Services.
25. Language
The English version of these Terms of Use will prevail in case of any conflict with translations into other languages.
26. SMS Consent
By consenting to Cerebro's SMS marketing, you agree to receive text notifications, including marketing offers and transactional messages. Message frequency varies, and you may opt-out at any time by replying STOP to any message. Standard message and data rates apply.