1.Acceptance of Terms
These Terms of Service ("Terms") govern your use of the BrainMark Chrome extension, the associated website, and the related backend services (together, the "Service") operated by BrainMark ("we", "us", "our"). By installing, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.
You must be at least 13 years old (or the age of digital consent in your country, e.g., 16 in much of the EEA) to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2.Description of the Service
BrainMark is an AI-powered bookmark manager that helps you save, organize, and rediscover web content. Core capabilities include:
- Local-first storage of bookmarks in your browser;
- AI-generated summaries, tags, and category recommendations;
- On-device multilingual semantic search;
- Link health checking, duplicate detection, and a reading dashboard;
- Optional cloud sync across devices (Pro plans, via Google Sign-In).
Features marked as "in development" are provided for informational purposes on our website and may not yet be available in the extension.
3.Accounts
Cloud sync and Pro features require an account created through Google Sign-In. You are responsible for maintaining the security of your Google account and for all activity that occurs under it. If you suspect unauthorized access, revoke the extension's access in your Google account settings and contact us promptly.
You may delete your account and synced data at any time; local data on your device remains under your direct control and is not affected by account deletion.
4.Plans, Subscriptions, and Billing
4.1 Plans
| Plan | Price | Key limits |
|---|---|---|
| Free | $0 | Up to 100 bookmarks; 20 AI analyses per day; local features |
| Pro Monthly | $4.99 / month | Unlimited bookmarks and AI features; cloud sync; health checks |
| Pro Yearly | $49.90 / year | All Pro features; approximately 17% savings vs monthly |
When the daily AI quota on the Free plan is exhausted, features fall back to a rule-based mode (rule summaries, tags, and categorization) so you can continue using the extension with reduced intelligence.
4.2 Billing and renewal
- Payments are processed by our payment provider, Creem. We do not store your payment card details.
- Subscriptions renew automatically at the end of each billing period (monthly or yearly) until cancelled.
- You may cancel at any time from your subscription settings or by contacting us; cancellation stops future renewals, and Pro features remain available until the end of the paid period.
- Prices may change with reasonable advance notice; changes do not affect the current billing period you have already paid for.
4.3 Refunds
If you are dissatisfied with a Pro subscription, contact us within 7 days of the charge and before significant usage of Pro features in that period, and we will review your request for a full refund in good faith. Consumers in the European Union retain their statutory 14-day right of withdrawal where applicable; note that if you consent to immediate delivery of digital content and begin using Pro features during the withdrawal period, the right of withdrawal may lapse for content already fully delivered.
5.Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law;
- Attempt to probe, scan, or attack our infrastructure, or circumvent usage quotas, authentication, or security measures;
- Resell, sublicense, or provide the Service to third parties as a competing bookmark service;
- Use automated means to create accounts or to invoke AI features at abusive rates;
- Save, sync, or process content you know to be unlawful, or use AI features to generate unlawful content;
- Interfere with or disrupt the Service or its hosting providers.
We may suspend or terminate access for violations, with notice where practicable.
6.Your Content and Intellectual Property
- Your content: You retain all rights to the bookmarks and content you save. We claim no ownership over your data. Your bookmarks are stored locally and, if you opt in, synced to your private cloud storage.
- Licence to process: To provide the Service, you grant us a limited licence to process the content you submit (e.g., page text for AI summarization, URLs for health checks) solely to operate the features you request. This licence ends when your data is deleted.
- Our content: The Service's software, design, and brand are owned by BrainMark and its licensors. These Terms do not grant you any rights in our intellectual property beyond a personal, non-exclusive, revocable licence to use the Service.
7.Third-Party Services
The Service depends on third parties, including Google (Sign-In), Creem (payments), Cloudflare (hosting), and Hugging Face (model distribution). Their terms and availability affect the Service, and we are not responsible for third-party failures, changes, or policies. Web pages you bookmark belong to their respective owners, and their licences govern how you may use their content.
8.Availability and Changes to the Service
We aim for reliable availability but do not guarantee uninterrupted service. We may modify, suspend, or discontinue features. If we discontinue a paid feature entirely, we will provide a pro-rated refund of prepaid fees for the affected period. Free features may be modified or discontinued at any time.
9.Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that AI summaries, tags, categorizations, search results, or health checks are accurate, complete, or reliable — they are automated aids, and you should verify important information independently. We are not responsible for the content of third-party web pages you bookmark.
10.Limitation of Liability
To the maximum extent permitted by law, BrainMark and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, profits, or goodwill arising from your use of the Service. Our total aggregate liability for all claims relating to the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $50.
Nothing in these Terms excludes liability for death, personal injury, fraud, or any liability that cannot be excluded under applicable law, including mandatory consumer protection law in the EEA/UK and state consumer protection law in the United States.
11.Indemnification
You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your violation of these Terms or your misuse of the Service, to the extent permitted by law.
12.Termination
You may stop using the Service at any time by uninstalling the extension and, if applicable, deleting your account. We may suspend or terminate your access if you materially breach these Terms, if required by law, or if we discontinue the Service. On termination: your licence to use the Service ends; your synced data is deleted per the Privacy Policy (subject to legal retention duties); and Sections 9–16 survive.
13.Changes to These Terms
We may update these Terms from time to time. Material changes will be announced on the website or in the extension with a revised "Last updated" date. If you continue using the Service after the effective date of material changes, you accept the updated Terms. If you do not accept them, stop using the Service.
14.Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Disputes shall be resolved in the competent courts located in Delaware, unless mandatory consumer protection law of your country of residence grants you the right to bring proceedings locally, in which case that right remains unaffected.
15.Entire Agreement; Severability
These Terms, together with the Privacy Policy, form the entire agreement between you and BrainMark regarding the Service. If any provision is held unenforceable, the remainder stays in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
16.Contact
Questions about these Terms: klearx9@gmail.com.