Terms & Conditions

1. Service Description

For instructors, BRAINcloners provides an e-learning platform to run und sell AI-based masterclasses as well as AI chatbots and tools that are trained with the knowledge of the instructor. If not specified, learning videos are hosted on the server of the client.

For learners, BRAINcloners provides an e-learning paltform to book and learn from AI-based masterclasses as well as AI chatbots and tools that are trained with the knowledge of the particular instructor. In the following, learners are called "customers" or "clients".

2. Prices

BRAINcloners provides his customers, except for those who use the "Enterprise Plan", a digital wallet as part of its service, which they can top up at any time to use the BRAINcloners service. The customer acquires so-called "credits" from Photrus at the agreed price, which can only be used for the monthly operation of the service as well as for any upgrades of the service. The acquired credits cannot be transferred to others or paid out.

With each month's beginning, but no later than with the first acquisition of credits, the credits for the service are deducted from the customer's digital wallet for the current calendar month. The number of credits deducted is determined by the service package configured by the customer. BRAINcloners also offers its customers the option to adapt the service package at any time.

The total monthly credits to be deducted are displayed to the customer in the "Plan settings". By clicking on the takeover button, the customer confirms the new price.

The customer will then be charged the difference between the new price in credits and the price in credits he has already paid for this month immediately for the current calendar month from his digital wallet. From the next month, the new monthly credits will be deducted from him.

Downgrading is possible at any time, but there is no pro-rata billing on a daily basis or similar, for which BRAINcloners completely waives any one-time setup fees of any kind.

The type of billing was chosen to achieve the best possible flexibility for the customer on the one hand, but also to keep the organizational effort and server utilization as low as possible on the other hand, by keeping the billing as simple as possible. This allows BRAINcloners to offer attractive conditions.

Unless otherwise agreed, this billing regulation does not apply to enterprise customers. For these, a separate billing is usually carried out.

BRAINcloners offers different products, such as access to masterclasses from themselves or from different instructors, or access to AI brains from themselves or from different instructors, which can be purchased directly in the platform. If defined in the product, the product contains already free credits that can be used for the AI features of the product. Enterprise clients can purchase all products for the same price. The free credits do not have any effect to them. 

3. Accuracy of AI Results

BRAINcloners trains its AI brains with the knowledge of the particular instructor. Missing gaps or furthermore information is taken from different external AI engines. So, the accuracy of the results is primarily dependent on these. For the reasons mentioned, BRAINcloners offers no guarantee for the accuracy of the results.

4. Service Ability

Although BRAINcloners uses cluster systems with above-average availability, outages cannot be completely ruled out. On the one hand, BRAINcloners is dependent on the availability of the AI tokens of external AI engines. On the other hand, regular maintenance work is required, which could also lead to shorter outages or delays. BRAINcloners is also dependent on the availability of the data center and its network availability, which means that shorter outages can be expected from time to time. BRAINcloners is committed to keeping any outages as short as possible, as far as it is within his control.

Products and services that are offered life-long, are meant for the life duration of the particular product. BRAINcloners depends on its instructors and tries its best to keep products alife as long as possible, but as most of the products and services are provided by external instructors, BRAINcloners has just limited control over the lifetime of a product. In case a product or service has to be taken down, there are no refunds possible if the client had access to the product for more than one calendar month. Refunds for a shorter access period are just paid if they are caused by taking down a product, and they are calculated aliquot after calendar days. There are no refunds paid for possible downtimes of the service. In such a case, the client can go on with his consumtion straight after the service is available again.

5. Support Services

From the outset, BRAINcloners' goal was to create added value for its customers with the service offered and to make it accessible to as many learners and instructors as possible at attractive prices. Since the operation is very simple and frequently asked questions are provided in the form of FAQs on the website, there should be no need for personal support. For this reason, and to keep prices down, BRAINcloners does not include free support for the usage of the platform in the prices. However, any clearly visible technical problems can be reported by email at any time to BRAINcloners.

6. Liability

BRAINcloners accepts no liability for the in its products and services provided information as well as for any technical problems. The customer agrees to hold BRAINcloners harmless in any case.

7. Copyright Agreement for Instructors

Instructors agree that all their, with their products provided learning material, is their own literary property and there are no copyrights from third parties violated. In case of violating this agreement the instructor has to pay the entire costs for possible compensation plus a penalty of 20'000 Euro to BRAINcloners.

8. Payments to Instructors

All the conversions out of product sales are initially just paid to BRAINcloners. The prices for, in the particular product contained credits, which are defined as "free credits" to the public, are kept by BRAINcloners, as BRAINcloners has to pay AI tokens and costs for servers by that, as well as programming costs, and there is also a margin included for BRAINcloners. The rest of a conversion minus the VAT of the product, which is usually 20%, is paid to a digital wallet of the instructor. Payouts from that mentioned wallet are done quarterly only, to keep the organizational effort as low as possible. As soon as that digital wallet exceeds the lower payout limit, the instructor sends an invoice to BRAINcloners with an email, so that the payment can be done. If not specified, the payment is done over Paypal. So, the instructor needs a Paypal account to receive money. The lower payout limit is defined with 500 Euro to keep the organizational effort as low as possible. For optimizing the organizational effort, BRAINcloners will probably change the way of these payments in the future. The instructor get just paid for portion in form of a one-time payment for each order of his products. There are no continous payments for AI services or credits done to the instructor. BRAINcloners earns on a margin for credits, which are entirely paid to BRAINcloners, the instructor instead earns with each order on the mentioned one-time payments for his masterclasses and for his knowledge in AI brains.

9. Cancellation

The customer has the right to terminate the contract at any time in writing with a notice period of 14 days before the end of the month. All data entered by the customer about their person, their locations, and all associated data will then be irretrievably deleted by BRAINcloners. Credits that may still be on the digital wallet will not be refunded in any case. It is recommended to use up these credits before termination and only to top up as much as the customer actually wants to consume.

As BRAINcloners wants to provide by clients purchased masterclasses and AI brains as long as the platform exists to clients who paid therefore, the instructor is allowed to cancel the contract, but in that case BRAINcloners is anyway allowed to provide all the information furthermore on his platform for his clients. In case of external video hosting, the instructor is committed to provide the videos to BRAINcloners, so that the latter can host them on his own server. In case of a cancellation, the instructor will not be considered for earnings anymore.

10. Acknowledgement of Understanding

The customer confirms that they have fully understood all technical terms, formulations, products, services, as well as the billing system including the the credits to be deducted, contained in this agreement. It was always possible for the customer to ask BRAINcloners questions in the form of a request before placing an order. Even terms or formulations that were initially unclear to the customer were explained in detail, sufficiently and understandably by BRAINcloners , upon request by the customer.

11. Applicable Law

Austrian law shall exclusively apply to all legal relationships between the customer and BRAINcloners.

12. Place of Performance and Jurisdiction

The place of jurisdiction for all disputes arising directly or indirectly between the agency and the customer shall be the Austrian court having local and subject-matter jurisdiction for the agency's registered office. The agency is also entitled to call another court having jurisdiction for the customer.

13. Severability Clause

If individual provisions of these Terms & Conditions are wholly or partially ineffective or unenforceable, they shall be replaced by a provision that most closely corresponds to the ineffective provision, without affecting the remaining agreed points.