1. Who we are and what these terms cover
These Terms of Service govern your use of midbrain.ai, the MidBrain Memory application at memory.midbrain.ai, and our related APIs, MCP server, documentation, and integrations (together, the “Services”). The Services are provided by Midbrain Inc., 500 W 2nd St, Suite 1900, Austin, TX 78701, United States (“MidBrain,” “we,” “us,” or “our”).
By creating an account or using the Services, you agree to these terms. If you do not agree, do not use the Services. If you use the Services on behalf of an organisation, you confirm that you have authority to bind it, and “you” includes that organisation.
If you have a separate agreement with us, including an order form or data processing agreement, that agreement controls to the extent it conflicts with these terms on the subject it covers. Third-party software and published research may carry separate licences, which remain applicable.
2. Accounts and access
You must be legally able to enter into a binding agreement to use the Services. Provide accurate account information and keep it up to date. You are responsible for safeguarding your credentials and API keys and for the users, clients, and agents you authorise to access your account.
Grant access only to people and systems you intend to authorise. Review the permissions and shared-memory settings of your integrations. Notify us promptly at support@midbrain.ai if you suspect unauthorised access or a compromised key.
3. Memory and AI-assisted features
MidBrain Memory helps applications and agents store, organise, retrieve, and reuse information and feedback. Available features and limits depend on your plan, configuration, and the documentation for the Services.
Retrieved information, summaries, learned procedures, and other AI-assisted results can be inaccurate, incomplete, outdated, or unsuitable for a particular task. Review results before relying on them. You are responsible for deciding how to use them and for supervising actions taken by your connected applications and agents.
Do not rely on the Services as the sole basis for decisions that could affect a person’s health, safety, legal rights, or financial interests. The Services do not replace qualified professional advice or appropriate human oversight.
4. Your content and data
You retain your rights in the information you submit to the Services, including conversations, documents, memories, and feedback (“Customer Content”). You confirm that you have the rights and permissions needed to submit that content and authorise its processing for your use of the Services.
You grant MidBrain a limited right to host, copy, process, transmit, and display Customer Content as needed to provide and secure the Services for you, follow your instructions, and comply with applicable law. This permission does not transfer ownership of your content to us or grant an unrestricted right to use it for unrelated purposes.
You are responsible for the content you submit and the access you grant to other users, agents, and integrations. Do not submit content you are not permitted to share or sensitive or regulated information unless the Services and your agreement with us support its intended use. Maintain appropriate copies of information important to you.
Our Privacy Policy explains our handling of personal information. Where we process personal data on your organisation’s behalf, any applicable data processing agreement governs that processing. These terms do not replace a data processing agreement or provide blanket consent to unrelated data processing.
5. Acceptable use
You must use the Services lawfully and respect the rights of others. You must not:
- Upload or distribute unlawful content, malware, or material that infringes intellectual property, privacy, or other rights.
- Access another user’s data without permission, bypass access controls, or attempt to obtain credentials or secrets.
- Disrupt the Services, evade usage limits, or use automated traffic to abuse or overload our systems.
- Use the Services for fraud, impersonation, harassment, or other harmful or unlawful activity.
- Probe or exploit security vulnerabilities without authorisation. Report suspected vulnerabilities to our support address.
6. Third-party services
You may connect the Services to third-party models, clients, tools, or platforms. Those services are governed by their own terms and privacy practices. You are responsible for choosing and configuring them and understanding what information you authorise them to access or receive.
We do not control third-party services and cannot guarantee their availability, accuracy, or compatibility. This does not limit our responsibilities for our own Services or for providers acting on our behalf under an applicable agreement.
7. Plans, trials, and payment
If you purchase a paid plan, the price, billing period, usage allowances, and any renewal, cancellation, or refund conditions are those presented to you and agreed at purchase or in your order form. You are responsible for the charges you agree to and any applicable taxes. These terms do not create an automatic renewal or waive a refund right on their own.
Free plans, trials, and preview features may have limits or a stated end date. Any conversion to a paid plan must follow the terms disclosed and agreed when you enrol. Contact support@midbrain.ai with billing or cancellation questions. Mandatory cancellation, withdrawal, and refund rights remain unaffected.
8. Our intellectual property
MidBrain and its licensors retain their rights in the Services, including our software, branding, and documentation. Subject to these terms and your applicable plan, you may access and use the Services for their intended purposes. No ownership of the Services is transferred to you.
Do not remove proprietary notices or copy, resell, or distribute the Services without permission, except where a separate licence or applicable law allows it. Rights in Customer Content remain as described above.
9. Availability and changes
We may update the Services to improve functionality, address security issues, or meet legal requirements. Maintenance, outages, or changes to integrations can affect availability. Unless separately agreed, we do not promise uninterrupted operation, a particular response time, or a specific result.
For material changes that adversely affect a paid service, we will provide reasonable advance notice where practicable and honour applicable contractual and statutory rights. Urgent security or legal changes may require immediate action. Preview and experimental features may change or be withdrawn, subject to any commitments we have made to you.
10. Suspension and ending use
You may stop using the Services at any time. For account closure, cancellation, or questions about exporting or deleting your information, use the available account controls or contact support. Stopping use does not by itself cancel an agreed paid subscription.
We may restrict or suspend access where reasonably necessary to address a material breach of these terms, a security threat, unlawful activity, or non-payment of agreed charges. Where appropriate and legally permitted, we will explain the reason and give you a reasonable opportunity to resolve the issue. Immediate action may be necessary to prevent harm.
When access ends, your right to use the affected Services ends. Any outstanding payment obligations, rights in content, and provisions that by their nature should survive continue to apply. Retention and deletion of information remain subject to our Privacy Policy, applicable agreements, and law; these terms do not promise a particular retention or recovery period.
11. Disclaimers and legal rights
To the extent permitted by applicable law and except for commitments in a separate agreement, the Services are provided “as is” and “as available.” We do not warrant that AI-assisted results will be accurate or that the Services will meet every particular purpose.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or removes mandatory consumer protections, statutory warranties, or remedies. Your rights and our liability otherwise remain subject to applicable law and any separate agreement between us.
12. Updates, questions, and disputes
We may revise these terms from time to time. We will post the updated text and its effective date and provide reasonable notice of material changes through the Services or an appropriate account contact channel. Changes apply prospectively. Where applicable law requires your agreement, we will seek it.
If you do not agree to a change, you may stop using the affected Services and contact us about closing your account or cancelling your plan, subject to your existing agreement and mandatory rights. A revision does not remove rights that have already accrued.
If a dispute arises, please contact us so we can try to resolve it. These terms do not impose mandatory arbitration or restrict any right to bring a claim in a court available to you under applicable law. If a provision is unenforceable, the remaining provisions continue to apply to the extent permitted by law.
Contact: support@midbrain.ai
Midbrain Inc.
500 W 2nd St, Suite 1900
Austin, TX 78701, United States