General Terms of Service

BrainMix.ai is a software service and registered brand owned by Goowai Edit, a company organized under Italian law, headquartered in Sant'Agata di Militello (ME), Italy, VAT ID IT02918700838 (“Goowai Edit”, “BrainMix.ai”, “we”, “us”).

These General Terms of Service (“Agreement”) constitute a legally binding contract between the subscriber or user of the Services (“User”, “Customer”, or “you”) and BrainMix.ai. By registering, accessing, or using the Services or the Website, you acknowledge that you have read, understood, and agree to be bound by these terms. If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you hold the legal authority to bind that entity. If you lack such authority or disagree with any term, you may not use the Services.

1. The Services

The “Services” comprise an online analytics and marketing decision-support suite for advertising, e-commerce, and digital traffic data, accessible at brainmix.ai and authorized subdomains (the “Website”). The Services allow Users to inspect and unify data across connected ad channels, audit campaign efficiency, calculate true Marketing Efficiency Ratio (MER), identify budget waste, and generate reports, analyses, copy, and visual ad concepts via integrated artificial intelligence systems.

The Services include updates, enhancements, and improvements released by BrainMix.ai during your subscription term (“Updates”). Supplementary modules may be governed by specific terms that take precedence for those specific add-ons.

2. Account and Credentials

Access requires authorized login credentials. The User holds sole responsibility for maintaining credential confidentiality and for all actions executed through their account, and must promptly notify BrainMix.ai of any unauthorized use. Credentials may not be shared, assigned, or transferred. The User warrants that information provided is accurate and that they are at least 18 years of age with full legal capacity.

3. Acceptable Use Policy

The User agrees to use the Services in strict compliance with applicable laws. Specifically, the User shall not:

• engage in unlawful, deceptive, fraudulent, discriminatory, or infringing activities;
• attempt unauthorized access, circumvent security protections, or bypass rate limits;
• reverse engineer, decompile, scrape, copy, or resell the software or build a competing service;
• use the Services to deanonymize, track, or profile individual consumers, or cross-associate ad commenters;
• employ AI tools for prohibited purposes under Article 5 of Regulation (EU) 2024/1689 (EU AI Act) or to generate deceptive or unconsented impersonation content;
• upload special categories of personal data (Art. 9 GDPR) or data without a legitimate processing basis.

4. Third-Party Integrations and Platforms

The Services integrate with third-party platforms (“Third Parties”) including Meta Ads, Google Ads, Shopify, and Klaviyo. These external platforms are operated by third parties outside our control. Integration does not imply sponsorship or affiliation; all trademarks belong to their respective proprietors.

The User authorizes data synchronization and remains responsible for complying with the respective Terms of Service of each third party. Authorizations can be revoked at any time via platform settings.

5. Artificial Intelligence & Generated Outputs

Certain features rely on machine learning algorithms and third-party foundation models. Outputs (diagnostics, copy drafts, visual concepts, sentiment classifications) are generated probabilistically and may contain hallucinations, errors, or inaccuracies.

Outputs have purely informative, decision-support character: they do not constitute professional, legal, tax, financial, or advertising advice and do not guarantee business or commercial outcomes.

The User remains solely responsible for human review and validation of all AI outputs before deploying, publishing, or relying on them. The User warrants having necessary rights for any input materials uploaded.

6. Personal Data Protection

Personal data processing is governed by our Privacy Policy. For imported store data, the Customer acts as Data Controller and Goowai Edit acts as Data Processor under Article 28 GDPR. A complete Data Processing Agreement (DPA) is available upon request.

7. Intellectual Property

BrainMix.ai, software code, UI design, graphics, trademarks, and documentation are proprietary assets of Goowai Edit or licensors. The User receives a limited, revocable, non-exclusive, non-transferable license to use the Services during their subscription.

The Customer retains all rights in their own business data and grants BrainMix.ai only the rights strictly necessary to execute the Services.

8. Fees, Subscription & Termination

Fees are billed according to the agreed pricing schedule or order form. Either party may terminate with the advance notice specified in the subscription terms. Upon termination, access ceases and data is handled according to our Privacy Policy.

9. Suspension & Express Termination

BrainMix.ai reserves the right to suspend accounts immediately in cases of material breach, security threat, or non-payment, and may terminate the Agreement by operation of law pursuant to Article 1456 of the Italian Civil Code.

10. Warranties and Limitation of Liability

The Services are provided on an “as is” and “as available” basis without warranty of uninterrupted or error-free operation. BrainMix.ai is not liable for disruptions stemming from force majeure, telecommunications outages, or third-party platform API changes.

To the maximum extent permitted by applicable law, BrainMix.ai shall not be liable for loss of profits, indirect damages, or consequential losses. In all events, BrainMix.ai's aggregate liability shall be capped at the fees paid by the Customer in the preceding twelve (12) months.

11. Indemnification

The User agrees to defend and indemnify BrainMix.ai from third-party claims arising from unlawful platform usage, breach of this Agreement, or publication of infringing ad content.

12. Confidentiality

Each party shall maintain confidentiality regarding the non-public business information of the other party received under this Agreement.

13. Governing Law and Jurisdiction

This Agreement is governed by the laws of Italy. The exclusive forum for any disputes arising from or in connection with this Agreement shall be the Court of Patti (Messina, Italy), without prejudice to mandatory statutory consumer protections where applicable.