Effective: September 25, 2023
This Addendum (“Addendum”) to the Brain Portal Website-App Terms of Service (the “Terms of Service”) (the Addendum and Terms of Service are collectively the “Terms”) governs the use of the User Management administrative tool (the “Administrative Site”) for provisioning accounts for access to the Brain Corporation operational portal website (the “Portal”), and any application programming interfaces or other services offered in connection with the Administrative Site (the Administrative Site and associated interfaces and services being the “Administrative Portal Services”) to certain administrators authorized by you (“Administrators”). Brain Corporation (“Brain” “we” or “us”) provides the Administrative Portal Services. “You” refers to you as a licensed user of BrainOS® powered product(s) provided under the “Brain” or “BrainOS” trademark (each, a “Robot”). Capitalized terms used in this Addendum shall have the same meaning as specified in the Terms of Service unless otherwise defined herein. Unless otherwise stated, this Addendum is subject to and under the terms of the Terms of Service, and all such terms shall apply.
BY USING THE ADMINISTRATIVE PORTAL SERVICES, CLICKING A BOX INDICATING ACCEPTANCE, OR SIGNING THIS ADDENDUM (OR A DOCUMENT REFERENCING THIS ADDENDUM), YOU ARE AGREEING TO THIS ADDENDUM ON BEHALF OF YOU AND ANY ADMINISTRATOR(S). PLEASE READ THEM CAREFULLY.
1. Setting up an Account; Equipment
1.1 An Administrator is an agent designated by you to use the Administrative Portal Services. An “Administrator Account”, which would be provisioned by Brain, enables the Administrator to grant access to the basic level of functionality of the Portal to other users (e.g., enabling such other users to use the Portal to access information about a Robot you are operating). In order for an Administrator to access the Portal itself (e.g., using the Portal to access more and/or remote information about Robots in your fleet), you may be required to register your Administrator for a Portal account in addition to having an Administrator Account. You agree that all information you submit on behalf of your Administrator is true and accurate and that you or your Administrator will keep the information up to date.
1.2 In order to access the Administrative Portal Services, you must ensure that an Administrator has the following system requirements:
It is your responsibility to ensure your Administrator has all the required system elements and that they are compatible, properly configured and updated as needed. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
The Administrative Portal Services may be suspended temporarily without notice for security reasons, system failure, maintenance, and repair or other circumstances. You agree that you will not be entitled to any refund, rebate or other remuneration for such suspensions.
2. Portal Terms of Service
Upon any use of the Portal, an Administrator shall agree to the governing terms and conditions associated with the Terms of Service, located here:
https://braincorp.com/terms-of-use/brain-portal-website-app-terms-of-service/
3. Responsibilities
You are responsible for any breach of the Terms of Service or this Addendum caused by your Administrator’s use of the Portal or Administrative Portal Services.
When you or the Administrator use the Administrative Portal Services, you or the Administrator must not:
4. Ownership
Brain owns or licenses all right, title, and interest in and to (i) the Administrative Portal Services, including all software, text, media, and other content available on the Administrative Portal Services (“Brain Content”); and (ii) all our trade names, logos, common law trademarks and service marks, trademark and service mark registrations and applications therefor and those of third-parties within the Services (“Marks”). The Administrative Portal Services, Brain Content, and Marks are all protected under U.S. and international laws. The look and feel of and Administrative Portal Services are copyright © Brain Corporation. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without Brain’s express written permission.
5. Privacy
Our Privacy Policy (https://www.braincorp.com/data-privacy/) explains how we collect, use, protect, and when we share personal information and other data with others. Brain offers the Administrative Portal Services to businesses, such as Brain Licensees, not consumers. Any Administrator uses the Administrative Portal Services as your agent. You are responsible for maintaining the confidentiality of your information in the Administrative Portal Services and the Portal, including protecting any usernames and passwords. You are responsible for all activities that occur under your Administrative Portal Account and you agree to notify us immediately of any unauthorized access or use of your Account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your Administrator Account.
6. Termination
We reserve the right to discontinue or otherwise not provide the Administrative Portal Services to any user or Administrator. We also reserve the right to terminate any user’s or Administrator’s right to access the Administrative Portal Services at any time, in our discretion. If you violate any of these Terms, or your Administrator violates any of the Terms of Service, including, for example, if you are no longer eligible to access the Administrative Portal Services because you are no longer associated with an active license agreement with Brain or its authorized distributor(s) for use of Brain’s software or services, your permission to use the Administrative Portal Services automatically terminates and you and your Administrator must immediately cease use of the Administrative Portal Services and instruct your Administrator to delete his or her Account as applicable.
7. Other Provisions
All references to Services, Account, and the Terms in Sections 9 through 12 of the Terms of Service shall also apply to the Administrative Portal Services, Administrator Account, and the Terms including this Addendum, respectively.
8. Changes to these Terms
We enhance and update the Administrative Portal Services often. As such, we reserve the right to change the Terms and/or Administrative Portal Services, at any time in our discretion with or without notice. If we change these Terms, we will give you notice by posting the revised Terms on the Administrative Site or through the other Services. Those changes will go into effect on the revision date shown in the revised Terms. All other terms and conditions of the Terms of Service shall remain in effect. No other rights are granted to you under this Addendum, other than those explicitly described herein. BY CONTINUING TO USE THE ADMINISTRATIVE PORTAL SERVICES, YOU ARE AGREEING TO THE REVISED TERMS.
PLEASE PRINT A COPY OF THIS ADDENDUM FOR YOUR RECORDS AND PLEASE CHECK THE ADMINISTRATIVE SITE AND OTHER SERVICES FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
