November 12, 2024

These Terms of Use (these “Terms”) apply to your access and use of: (1) our website located at www.braincorp.com and all of our other websites to which these Terms are posted (collectively, the “Website”); and (2) any services, content, and features made available by us through the Website (together with the Website, the “Services”). In these Terms, the “Company,” “we,” “us,” and “our” refer to Brain Corporation and our affiliates, successors, and assigns, and “you” and “your” refer to any user of the Services.

ACCEPTANCE OF THESE TERMS

Your access and use of the Services are subject at all times to these Terms and our Privacy Policy https://www.braincorp.com/privacy, incorporated herein by reference. Please read these Terms carefully. By accessing or using the Services in any way or by clicking to accept or agree to these Terms when this option is made available to you, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of these Terms, do not access or use the Services. The Services are offered and available to users who are at least 13 years of age or older. By using the Services, you represent and warrant that you are 13 years of age or older. If you are 13 years of age but under 18 years of age, you may use the Services only with permission and supervision of your parent or legal guardian. If you do not meet the foregoing requirements, you must not access or use the Services. We may revise these Terms from time to time in our sole discretion, subject to applicable law. When we revise these Terms, we will post the revised version on the Website. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing and using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access and use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.

ADDITIONAL TERMS

In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions, including, but not limited to, any end user license agreements for our software that is distributed through the Services (the “Additional Guidelines”), which are hereby incorporated by reference into these Terms. [In the event of a conflict between any Additional Guidelines and these Terms, the Additional Guidelines will control.]

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We may, in our sole discretion, modify the Services by adding or removing features and functionalities, without prior notice or liability to you. Notwithstanding the foregoing, content available through the Services may be out of date at any given time, and we are under no obligation to update such content. We also will not be liable if any or all of the Services are unavailable at any time or for any period of time for any reason.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.
  Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access or use some of the Services, you may be required to provide certain information (“User Information”) and register for an account (“Account”). Our Privacy Policy governs our collection, use, storage, and disclosure of User Information. You represent and warrant that all User Information you provide us from time to time in connection with the Services is truthful, accurate, current, and complete. You agree to promptly notify us of changes to your User Information by updating your Account on the Website.

You agree not to authorize any other person or entity to use your user name, password, or other security information to access the Services. You also agree to log out of your Account at the end of each visit to the Website. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your user name, password, or other security information. You are solely responsible for the maintenance, confidentiality, and security of your user name, password, or other security information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities in connection with the Services that are authorized or performed using your user name, password, or other security information, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses or damages arising out of the loss or theft of your user name, password, or other security information. If you suspect or become aware of any unauthorized activity or access to your user name, password, or other security information, you must contact us immediately at support@braincorporation.com.

INTELLECTUAL PROPERTY RIGHTS

The Services and all related content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to these Terms, you are permitted to access and use the Services for evaluation purposes or for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material related to the Services, except as follows or as otherwise expressly permitted by us:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print and download one copy of a reasonable number of pages of the Website for evaluation purposes or for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download through the Services, you may download a single copy for each of your computer or mobile devices solely for evaluation purposes or for your own personal, non-commercial use, provided you agree to be bound by our end user license agreements for such applications.
• If we provide social media features with certain content through the Services, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials.

You must not access or use for any commercial purposes any of the Services. We may, but are not obligated to, monitor your use of the Services.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: SUPPORT@BRAINCORPORATION.COM, 9401 Waples Street, Suite 100, San Diego, California 92121, Attn: Website Services.

Without limiting any other provisions of these Terms, if you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to access and use the Services will terminate immediately, and you must, at our direction, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any access or use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

TRADEMARKS

The Company’s name, the Company’s logo, the terms BrainOS®, Autonomy by Brain, EMMA, Brain Corp., and BRAIN, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company, its affiliates, or its licensors. You must not use such trademarks without our prior written permission. All other names, logos, product and service names, designs, and slogans available through the Services are the trademarks of their respective owners.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms. If your access or use of the Services is prohibited by applicable law, then you are not authorized to access or use the Services. We are not responsible if you access or use the Services in any manner that violates applicable law.

You agree not to use the Services:

• In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them or us to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material available through the Services.
• Use any manual process to monitor or copy any of the material available through the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Website is hosted, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

USER CONTRIBUTIONS

The Website may contain message boards, chat rooms, personal web pages and profiles, forums, bulletin boards, video conferencing, digital content uploading, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, contribute, publish, display, or transmit publicly or to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the standards set forth in these Terms.

Any User Contribution you post through the Services will be considered non-confidential and non-proprietary. By providing any User Contribution through the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to User Contributions posted by you and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All User Contributions you post do not and will not infringe or violate the rights of any third party.
• All User Contributions you post do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you post, and you, not the Company, have full responsibility for such User Contributions, including their legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

MONITORING AND ENFORCEMENT

Without undertaking any obligation to screen or monitor User Contributions, we have the right (but not the obligation) to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contributions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contributions violate these Terms, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Services or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that User Contributions posted by you violate their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PERSONS DURING OR AS A RESULT OF THE COMPANY’S INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

CONTENT STANDARDS

The following content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must comply with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PERSONS DURING OR AS A RESULT OF THE COMPANY’S INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS OR LAW ENFORCEMENT AUTHORITIES.

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

TERMINATION AND SUSPENSION

You may voluntarily discontinue your access and use of the Services at any time. We may, in our sole discretion, suspend, limit, or terminate your Account and your access to and use of the Services for any reason, without notice or liability to you. Neither your voluntary discontinued access and use of the Services nor our termination of your Account and your access to and use of the Services will not affect any of our rights or your obligations arising under these Terms prior thereto. Provisions of these Terms that, by their nature, should survive termination of your Account and your access and use of the Services will survive such termination.

RELIANCE ON INFORMATION POSTED

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services or by anyone who may be informed of information presented through the Services.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

PRIVACY

Please review our Privacy Policy for details on how we collect, use, store, and disclose information in connection with the Services. By accessing or using the Services, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

LINKING TO THE WEBSITE [AND SOCIAL MEDIA FEATURES]

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

• Link from your own or third-party websites to content on the Website.
• Send e-mails or other communications with content, or links to content, on the Website.
• Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or third-party websites.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other website.
• Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.

The website from which you are linking to, or on which you make content accessible on, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may withdraw linking permission to the Website and disable social media features and any links at any time without notice in our discretion.

LINKS FROM THE WEBSITE

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. Our inclusion of such links does not imply our endorsement of such third-party websites or resources or any association with their owners or operators. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and resources.

GEOGRAPHIC RESTRICTIONS

We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS OR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. WITHOUT LIMITING THE FOREGOING, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100.

IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify, hold harmless, and (at our request) defend the Company, its affiliates, and its and their employees, officers, directors, agents, licensors, service providers, and successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

GOVERNING LAW

All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

WAIVER AND SEVERABILITY

No waiver by the Company of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the affected provision, if possible, and all other provisions of these Terms will continue in full force and effect.

NOTICES

We will send all notices and other communications regarding the Services to you at the email address you provided during your Account registration, as may be updated by you from time to time. You may change your email address by revising your Account profile on the Website. Except as otherwise provided by applicable law, you will be considered to have received a notice from us regarding the Services when we send it to the email address we have in our records for you or when we post such notice on the Website. All notices to us that are intended to have a legal effect must be in writing and delivered [either (a) via email to support@braincorporation.com or (b) in person or by a means evidenced by a delivery receipt to the following address: 9401 Waples Street, Suite 100, San Diego, California 92121, Attn: Legal Notifications . All such notices are deemed effective upon documented receipt by us.

ENTIRE AGREEMENT AND OTHER GENERAL TERMS

These Terms, including our Privacy Policy and any Additional Guidelines, constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. These Terms and any rights hereunder may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction and without your prior consent. Any attempted transfer or assignment by you without our prior written consent will be null and void. No agency, joint venture, partnership, trust, or employment relationship is created between you and us by way of these Terms. The section headings used herein are for convenience only and will not be given any legal import.

CONTACT US

If you have any questions regarding these Terms or the Services, please contact us at SUPPORT@BRAINCORPORATION.COM, 10182 Telesis Ct UNIT 100, San Diego, CA 92121, Attn: Support Services.

The URL www.braincorp.com/data-privacy redirects to this page, and all references to that URL shall be interpreted to be referring to this page.

Last Updated: August 6, 2024

‍

This Privacy Policy (“Policy”) explains how Brain Corporation and our affiliates (collectively, “Brain”, “we”, “us” or “our”) collects, stores, uses, and discloses personal data about you, how we use it, how and when it may be shared, the rights and choices you have with respect to your personal data, how we communicate with you and how you can make requests or submit inquiries to us about your personal data. 

ABOUT US

Brain Corporation develops BrainOS® software, a leading autonomy platform that powers autonomous mobile robots or other machines (“Robots”) used for floor cleaning and inventory scanning in retail, logistics, healthcare, and other industries. Brain partners with Original Equipment Manufacturers (“OEMs”) to embed AI-driven navigation, perception, and analytics into Robots, enabling businesses to automate routine tasks and gain real-time operational insights. BrainOS software combines on-robot intelligence with cloud-based fleet management to drive efficiency at scale.

WHAT DOES THIS POLICY COVER

This Policy applies to personal data we collect both online and offline, including personal data we collect through our websites, such as braincorp.com and portal.brainos.com (collectively the “Sites”), in connection with the mobile applications and other products and services we provide you that reference this Policy (together with the Sites, the “Services”), and any other interactions you may have with us including at or through conferences, events, visits to our offices, electronic newsletters or communications. Our Services specifically include our BrainOS® software. 

In this Policy, “personal data” means any information that identifies, relates to, describes, is reasonably capable of being associated with or reasonably can be used to identify an individual or household and other data that is linked to personal data or is otherwise defined as “personal data,” “personal information,” or “personally identifiable information” by applicable laws. 

We may also collect, use, and share data generated by or collected from autonomous or semi-autonomous Robots deployed by or on behalf of Brain or our OEM partners (“Robot Data”). Robot Data includes, without limitation, operational logs, diagnostics, performance metrics, telemetry data, environmental readings, and other machine-generated outputs that do not relate to an identified or identifiable natural person. Robot Data does not include “personal data”. For the avoidance of doubt, Robot Data is not subject to the privacy obligations under this Privacy Policy, except where it is combined with Personal Data in a manner that renders an individual identified or reasonably identifiable. 

This Policy does not apply to any products, services, websites, or content that are offered by third parties or have their own privacy policy.

HOW IS THIS POLICY UPDATED

We may modify this Policy from time to time. If we make changes, we will revise the “Last Updated” date at the top of the Policy on our Sites and use reasonable efforts to provide you additional notification by sending you an email notification. We encourage you to review this Policy each time you visit our Sites to stay informed of our privacy practices and the choices available to you. 

INFORMATION WE COLLECT

The personal data we collect about you depends on how you interact with us or use our Services. We describe below the categories of personal data we collect and the sources of this information. ‍

Information You Provide to Us

We collect personal data from you when you use our Services, send us an email, fill out a form, subscribe to our newsletter, respond to a survey, interact with us on social media, or otherwise communicate with us. 

Types of personal data we may collect include:

• Contact information such as your first and last name, job title, email address, telephone number, and mailing address;
• Basic information such as the company you work for;
• General Location Information such as city and state of access location and county of residence;
• Payment Information such as your credit card or bank account number, which we may share with third-party payment processors as described in this Policy; 
• Communications with us including through meetings with our representatives, visits to our offices, presentations by us, website forms, and contact with our service;
• Social and community content such as posts, photos, videos, or audio files that you may provide through our social media pages and our community pages; and
• Any additional Information that you choose to provide.

In some cases, we may also collect information you provide about others, such as when you are the administrator for your company’s account and you provide information about other personnel at your company. We will use this information to fulfill your requests and will not send communications to your contacts unrelated to your requests unless they separately create an account, engage with us or consent to receive communications from us.

Information Collected Automatically When You Interact With Us

We and our service providers may automatically log personal data about you, your computer or mobile device, and your interaction over time with the Services, such as:

• Device information. We may collect information about your device(s) such as Internet Protocol ("IP”) addresses, browser type and version, domain names, access times, log information, error messages, device type, unique device identifiers, operating system, information about your use of the Site, data regarding network connected hardware and other technical information such as protocol status and sub-status, bytes sent and received and server information. 
• Transaction Information. We may collect information when you conduct transactions through our Site or otherwise purchase Services from us. 
• Telematics Data. We may collect data through our navigation modules and sensors, including information relating to performance, usage, operation, condition, identification, speed, odometry, battery usage, system functionality, software/firmware version, location, software usage, safety-related data, cleaning schedule, maintenance, and other information. Note that Telematics Data is Robot Data. 
• Service Information. We may collect information to provide continued maintenance and service, including identification numbers, repair history, recalls, bulletins, outstanding invoices, grievances, feedback, and any other information related to service history.
• Pseudonymous Identifiers. We may collect pseudonymous identifiers such as unique cookie and device identifiers (as described further below), mobile device identifiers, other identifiers derived from email address, or phone numbers, or your device information. 
• Usage information. We may collect information about your use of the Services, such as the pages you viewed, the Services you used or interacted with, referring website addresses, and details about any links or communications with which you interacted.
• Information Collected by Cookies and Other Tracking Technologies. Please see our cookie policy in the section “Cookies and Other Information Collection Tools” for more details on the information we and our service providers collect about you.

Information We Collect From Other Sources

We may also collect personal data about you from other sources, including publicly available databases, and combine that with information we collect through the Services. For example, we may use information from LinkedIn or other databases (such as Lusha) to update information about you in our contact database. Our Services may also collect personal data about you from our partners (including our OEMs partners that produce the Robots on which our Services like BrainOS® operate) who provide users of our products with service and support. 

Information We Infer or Derive

We may derive information or draw inferences about you based on the personal data we collect or have otherwise received about you. 

HOW WE USE YOUR PERSONAL DATA

Depending on how you interact with us and the Services you or your organization utilize, we use your personal data to:

• Provide and Improve Products and Services. Provide, activate, operate, maintain, develop, enhance, improve, support, troubleshoot, and manage our Services and your accounts on our Services, monitor and analyze trends, usage, and activities, and to perform services requested by you, including to provide maintenance recommendations, performance tips, and delivery of software and hardware updates for such Services; 
• Respond to You. Provide technical, product and other support and respond to your requests, inquiries, comments, and concerns;
• Service Communications. Notify you about changes, updates and other announcements related to our Services and send you technical notices, updates, security alerts, safety and support messages, and other transactional or relationship messages;
• Personalize Your Experience. Customize our product offerings and present you with tailored content and recommendations, and otherwise personalize your experience while using our Services;
• Safety and Security. For safety and security, including to detect and protect against fraud or illegal activities, security incidents, and harm to rights, property or safety of Brain, our users or others;
• Events and Offers. To facilitate events, contests, promotions and sweepstakes, and process and deliver entries, rewards, and prizes;
• Advertising and Marketing. To provide you with advertising, promotional messages and other information about products, events and services of ours, our affiliates and third parties, such as event sponsors; 
• Research and Development. To conduct research and development and develop new products and services;
• Corporate Transactions. We process personal data in the in the context of a merger, consolidation, reorganization, sale of our assets, financing or acquisition of all or a portion of our business to another company, or other corporate transactions;
• Comply with Legal and Financial Obligations. To comply with our legal and financial obligations (including complying with court orders, discovery requests, subpoenas and other appropriate legal obligations), resolve disputes, enforce our agreements, and exercise our legal rights; 
• Your Consent. We may process your personal data in accordance with your consent or when you intentionally direct or instruct us to do so; and
• Other Notified Purposes. Carry out any other purpose conveyed to you at the time the information was collected.

DISCLOSURE OF PERSONAL DATA

We may disclose your personal data as follows or as otherwise described in this Policy:

• Affiliates and Subsidiaries. We disclose your personal data to our affiliates and other organizations under common control for the purposes described in this Policy;

• Third Parties You Intentionally Interact With. We disclose your personal data to third parties when you use our Services to intentionally interact with those third parties or direct us to interact with those third parties;
• Vendors and Service Providers. We disclose your personal data to our vendors and service providers to perform the functions for which we engage them;
• Corporate Transactions. We disclose your personal data as part of, in connection with, or during negotiations of, any merger, sale of our assets, financing or acquisition of all or a portion of our business to another company, or other corporate transactions;
• Analytics Providers. We disclose personal data to our analytics partners, such as Google Analytics (you can read more about our use of Google Analytics in the Cookies and Other Information Collection Tools section below);
• Professional Advisors. We disclose your personal data to our professional advisors like our lawyers, accountants, financial, insurance and other advisors in connection with the management of all or a part of our business or operations;
• Third-Party Partners. We disclose your personal data to unaffiliated third-party companies we partner with, such as our service providers, partners (including our OEM partners), government and acquisition partners provide certain services, or experiences to you; 
• Aggregated, Anonymized, or De-Identified. We disclose aggregated, anonymized, or de-identified information, which cannot reasonably be used to identify you;
• Law Enforcement and Individuals Involved in Legal Proceedings. We disclose your personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process or other legal reasons, including: 
  
  • When we reasonably believe disclosure is required to comply with a subpoena, court order, or other applicable law, regulation, or legal process;
  • To enforce, remedy, or apply our agreements and contractual rights; 
  • To protect our property (including intellectual property) or protect the rights, property, or safety of others; 
  • To support external auditing, compliance and corporate governance functions; and
  • To prevent, detect, and remedy fraud, cybersecurity attacks, or illegal activity.
• With your Consent or Direction. We disclose personal data with your consent or at your direction, including if we notify you that your personal data will be shared in a particular manner and you provide such personal data.

HOW WE PROTECT YOUR PERSONAL DATA

We implement commercially reasonable physical, technical and procedural measures to help protect personal data from unauthorized access or use; however, the transmission of information via the internet is not completely secure or private. If you have questions about the security of personal data we collect, please contact us using the information provided below.

COOKIES AND OTHER INFORMATION COLLECTION TOOLS

What are cookies? A cookie is a small file containing a string of characters that is sent to your computer when you visit a website or use an online service. When you visit the website or use the online service again, the cookie allows that website or online service to recognize your browser or device. Cookies may store unique identifiers, user preferences and other information.

The type of cookies we may use include:

Necessary Cookies. These cookies are strictly necessary to make our Services function properly. These cookies ensure basic functionalities and security features of the Sites.

Functional Cookies. Functional cookies help to perform certain functionalities, like sharing the content of the Sites on social media platforms, collect feedback, and other third-party features.

Performance Cookies. Performance cookies are used to understand and analyze the key performance indexes of the Sites, which helps in delivering a better user experience for the visitors.

Analytics Cookies. Analytical cookies are used to understand how visitors interact with the Sites. These cookies help provide information on metrics, the number of visitors, bounce rate, traffic source, etc.

Advertisement Cookies. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.

Duration of Cookies. We may use “session cookies” or “persistent cookies.” Session cookies are temporary and expire once you close your browser or once your session ends. Persistent cookies remain on your device for much longer or until you or your browser erases them. Persistent cookies have varying durations that are dependent on their expiration date. 

Why do we use them? We and our business partners use cookies to collect information about you so we can provide the experiences you request, recognize your visit, track your interactions, improve your experience, and detect and prevent fraud. 

How do I control cookies? You can limit online tracking by:

• Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Browser-specific controls. Use the following links to learn more about how to control cookies and online tracking through your browser:
  
  • Firefox
  • Chrome
  • Microsoft Edge
  • Safari (Mac)
  • Safari (Mobile/iOS)
• Blocking advertising ID use in your mobile settings. Your mobile device settings can provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Using privacy plug-ins or browsers. You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third-party cookies/trackers.
• Advertising industry opt-out tools. You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
  
  • Digital Advertising Alliance for Websites: optout.aboutads.info
  • Network Advertising Initiative: optout.networkadvertising.org
• Platform opt outs. Some of our advertising partners offer opt-out features that let you opt out of use of your information for interest-based advertising, including:
  
  • Google
  • Facebook

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

Do Not Track. Some Internet browsers can be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit allaboutdnt.com.

Where required by applicable law, we obtain your consent prior to placing or using optional cookies that are not (i) strictly necessary to provide the Site or the Services e.g., Necessary Cookies; or (ii) for the purpose of facilitating a communication.

Analytics Cookies. We use analytics cookies like Google Analytics and advertising cookies like Google Ads to help us operate our Services and provide marketing and advertising to you. You can find out more about how Google uses your personal data by visiting www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout (opens in a new tab).  

SOCIAL MEDIA AND OTHER THIRD-PARTY LINKS AND SERVICES

Occasionally, at our discretion, we may include or offer third-party products or services on our Sites or links to other websites. The privacy practices of these third parties will be governed by the parties’ own privacy notices. We are not responsible for the security or privacy of any information collected by these third parties. You should review the privacy notices or policies applicable to these third-party products and/or services. We have no responsibility or liability for the content and activities of these linked websites or the services they provide. 

Some aspects of the Site may allow you to interface with social media services such as Facebook, Instagram, LinkedIn, and X (formerly known as Twitter®). By using these interfaces, you will allow us to access information about you from those social media services, including information and other content that you submit to those social media services. For a description on how such social media services and other third-party platforms, plug-ins, integrations, and applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings with that service or platform.

RETENTION OF PERSONAL DATA

We will retain your personal data for as long as is necessary to fulfil the purpose for which this data was collected and for the business purposes explained in this Policy. 

Even after we stop providing Services directly to you, and even if you close your account, we may retain your personal data to the extent permitted by applicable law:

• to comply with our legal and regulatory obligations;
• to protect against fraudulent or abusive activity on our Service; and/or
• to exercise, establish, or defend legal claims.

In cases where we keep personal data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law. Our retention periods will vary depending on the type of data involved, but generally, to determine the appropriate retention period for personal information, we consider:

• the amount, nature, and sensitivity of the personal information;
• the potential risk of harm from unauthorized use or disclosure of your personal information;
• whether such information is needed to provide services;
• whether there is a contractual or legal need to retain the data;
• the purposes for which we process your personal information and whether we can achieve such purposes through other means; and
• applicable legal requirements.

YOUR PRIVACY RIGHTS AND CHOICES

Consistent with applicable law, you may exercise the rights described in this section. Please note that the rights may vary depending on your country or state of residence. Please see the Region-Specific Terms section below. To exercise your data protection rights, please contact us as listed below.

While it is our policy to respect the rights of individuals, please be aware that your exercise of these rights is subject to certain exemptions and exceptions, and some of these rights might be limited (for example, the right to withdraw consent) where we are required or permitted by law to continue processing your personal data to deliver services to you, defend our rights or meet our legal and regulatory obligations.

If you contact us to exercise any of these rights, please note that we may only implement requests with respect to the personal data associated with you as an individual. We may need to verify your identity before implementing your request and will try to comply with your request as soon as reasonably practicable and in accordance with the timelines required under applicable law. If we cannot verify your identity or your ownership rights to the data, we may not be able to service your request until you provide proper documentation.

Opt Out of Direct Marketing

You may opt out of receiving direct marketing communications from us by following the unsubscribe instructions in those communications, visiting our unsubscribe page, or by contacting us as set forth below. 

Please note that there are certain communications we are required to send you that relate to the Services we are providing to you or the organization you represent that you may not be able to opt out of (e.g., support and important legal notices). 

If you are receiving communications from us as part of a larger corporate email group within your own organization (e.g., info@abccorp.com), we will not have control over your individual personal data and will not be able to process your request.

Access, Correct or Delete Your Personal Data

You may have the right to request access to and receive details about the personal data we maintain about you and how we process it, correct inaccuracies, or request that we delete your personal data by contacting us as indicated below. 

Withdraw Consent

Where you have provided your consent for us to use your personal data and subject to applicable law, you have the right to withdraw your consent and we will apply that preference going forward. 

Additional Rights

Depending on your location and subject to applicable law, you may have the following additional rights regarding the personal data we control about you:

• The right to request confirmation of whether we process personal data relating to you, and if so, to request a copy of that personal data;
• The right to request that we restrict the use of your personal data in certain circumstances, such as while we consider another request that you have submitted (including a request that we make an update to your personal data);
• The right to request that we export your personal data that we hold to another company or organization, where technically feasible;
• Where we process your personal data based on our legitimate interests, you may also have the right to object to the processing of your personal data. Unless we have compelling legitimate grounds or where it is needed for legal reasons, we will cease processing your personal data when you object; 
• The right not to be discriminated against for exercising these rights; and/or
• The right to appeal any decision by us relating to these rights.

CHILDREN’S PRIVACY 

Our Services are not aimed at children under the age of 18 or the age defined under applicable law. We do not intentionally collect information from children under the age of 18 or the age defined under applicable law. 

INTERNATIONAL DATA TRANSFERS

We may process and store your personal data in the United States and other countries which may have less-protective data protection laws than the region in which you are situated. Please note that this processing, including storage, may involve cross-border transfers of your personal data. In certain situations, we may be required to disclose personal data in response to lawful requests from officials (such as law enforcement or security authorities).

Where applicable law requires a data transfer mechanism, we use one or more of the following:

• Transfers to certain countries or recipients that are recognized as having an adequate level of protection for personal data under applicable law;
• EU Standard Contractual Clauses approved by the European Commission and the UK International Data Transfer Addendum issued by the Information Commissioner’s Office;  or
• Other legal methods available to us under applicable law.

CONTACT US

Brain Corporation
Attn: Privacy Department
10182 Telesis Court, Suite 100
San Diego, CA 92121
e-mail: privacy@braincorp.com

Toll-free Number: +1 858-299-8955

For inquiries regarding the EU Data Act and access to applicable data, please contact us at DataInquiries@braincorp.com.

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Brain Corporation (“Brain”) is built upon a foundation of strong corporate values and ethical business practices. This Business Partner Code of Conduct (“Code of Conduct”) describes Brain’s expectations of all organizations, including their respective employees, contractors, and subcontractors who have entered into a business or contractual relationship with Brain to provide services, goods, functions, or activities (each a “Business Partner”). Brain and its Business Partners must be committed to the highest standard of ethical conduct when dealing with employees, suppliers, and end customers. This Code of Conduct sets forth the basic requirements that all Business Partners must comply with in order to do business with Brain. Brain reserves the right to reasonably change the requirements of the Code of Conduct, and in such an event, expects the Business Partner to accept such reasonable changes.

FORCED LABOR

Employment with a Business Partner should be an expression of free choice and there may be no forced, bonded, or involuntary labor. Business Partners should allow workers to discontinue employment upon reasonable notice. Business Partners must provide their employees with an environment respectful of their fundamental human rights. Upon hiring, Business Partners should provide employees with a code of conduct in their native language. Employee’s personal documents, such as an ID card or passport, must not be kept by the Business Partner.

CHILD LABOR

Child labor is strictly prohibited. The minimum age for employment shall be the higher of 16 years of age or the minimum age for employment in the location where the goods or services are being provided.

COMPENSATION

Business Partners shall pay all employees at least the minimum wage and benefits required by applicable laws and regulations. Employees shall be compensated for overtime hours at the premium rate required by applicable laws and regulations. Business Partners must follow all applicable local laws, regulations, standards, and conditions concerning working hours for all employees.

FREEDOM OF ASSOCIATION

Business Partners must respect the rights of all employees to lawfully associate or not to associate with groups of their choosing, as long as such groups are permitted by law. Business Partners should not unlawfully interfere with, obstruct or prevent legitimate, lawful employee associations and related activities.

LAWFUL EMPLOYMENT

Business Partners shall, prior to employing any worker, validate and review all relevant documentation to ensure that such worker has the legal right to work in that jurisdiction.

DIVERSITY, NON-DISCRIMINATION, NON-HARASSMENT

Business Partners shall not tolerate sexual harassment or harassment based on such factors as gender, race, color, religious creed, age, disability, medical condition, sexual orientation, or any other basis protected by law, as well as not illegally discriminate on the basis of age, gender, gender identity, race, sexual orientation, perceived disability, national, cultural, religion, or personal beliefs. Business Partners are expected to treat people with respect, encourage diversity, and foster an inclusive and ethical culture.

COMPLIANCE WITH LAWS AND BRAIN’S POLICIES

Business Partners must fully comply with all applicable laws, regulations, as well as Brain’s policies. To the extent that Brain’s policies impose a higher standard than what is required by applicable laws and regulations on its Business Partners, such higher standards will prevail.

HEALTH AND SAFETY

Business Partners shall provide all workers with a safe work environment, appropriate personal protective equipment, workplace health and safety information, and training.

ENVIRONMENT

Business Partners must comply with all environmental laws applicable to air emissions, waste handling and disposal, water use, wastewater discharges, hazardous and toxic substances. Business Partners shall also validate and maintain records demonstrating that source materials were harvested in accordance with all international treaties in addition to national and local laws.

SUSTAINABILITY

Business Partners shall comply with all applicable laws and regulations relating to the impact of their business on the environment. Compliance with environmental law shall include any applicable local laws affecting the source of materials and processes in the relationship with Brain.

CONFLICTS OF INTEREST

Business Partners shall not engage in any activity with an employee of Brain, which could create a real or perceived conflict of interest.

ANTI-CORRUPTION

Brain is committed to conducting its business free from extortion, bribery, unlawfulness, unethical behavior, or fraudulent activity. Business Partners must not offer, give, promise or authorize any bribe, gift, loan, fee, reward or other advantage to any government official or employee, any customer, any Brain employee or any other person to obtain any business advantage or improperly influence any action or decision. Business Partners must comply with all applicable international anti-corruption laws and regulations, including the U.S. Foreign Corrupt Practices Act. Business Partners must maintain integrity, transparency and accuracy in all records of matters relating to their business with Brain.

TRADE COMPLIANCE

Business Partners shall comply with applicable trade controls, including export, re-export, and import laws, regulations, and standards.

CONFIDENTIALITY, SECURITY, INTELLECTUAL PROPERTY

Business Partners are expected to maintain the confidentiality of information entrusted to them by Brain or its customers and have the appropriate physical, technical, and organizational security measures in place to protect our confidential information. During the course of performing business functions, Business Partners may receive access to data that is requiring adherence to specific security standards. If this occurs, the Business Partner will be made aware of the additional obligations required for safe handling of such data. Business Partners shall use best efforts to establish and maintain reasonable measures and procedures, as appropriate, to ensure operational security. These measures include, but are not limited to, technical testing, protection against malicious software, network protection and management, vulnerability management, activity logging and monitoring, incident response, and business continuity planning.

Business Partners must respect and protect Brain’s intellectual property rights and maintain the confidentiality of trade secrets and other Brain’s proprietary information that includes any information that is nonpublic or not easily obtained or determined. Further, Business Partners may only use Brain’s intellectual property, such as copyrights and trademarks, in a manner only permitted by Brain, and shall not use stolen or misappropriated technology.

PUBLICITY

Business Partners shall not issue any press releases, advertising, or any public announcement regarding its relationship with Brain, or use any of Brain’s names, trade names, or logos unless Brain has provided written authorization to Business Partner.

Brain may audit compliance with this Code of Conduct or appoint a third-party to conduct an audit. Any violations will be reported to Brain’s Compliance team for attention and, if appropriate, corrective action. Business Partners must maintain all documents to demonstrate compliance with this Code of Conduct and shall make such documents available to Brain upon reasonable request. It is the intention of Brain to discontinue its relationship with any Business Partner who does not comply with this Code of Conduct or, upon discovery of noncompliance, does not commit to a specific plan to achieve compliance. Business Partners and other stakeholders may report suspected violations of these standards by sending an email to legal@Braincorp.com. Partners and other stakeholders may report suspected violations of these standards by sending an email to legal@Braincorp.com.

Brain Corporation uses certain “sub-processors” to support Brain Corporation services.

What is a Sub-processor?

A sub-processor is a data processor, engaged by Brain Corporation, that processes data (which may contain personal data) as necessary to support Brain Corporation services.

The following is a list of the names, function/purpose, and location of the service-specific sub-processors:

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This list may be updated by Brain Corporation from time to time.