Terms and Conditions

The operator (seller) of the Brainef.com portal is Web Booster s.r.o., IČO: 51 062 577, DIČ: 2120575094, IČ DPH: SK 2120575094, Rudohorská 6636/33, 974 11 Banská Bystrica, Slovakia. Web Booster s.r.o. is registered in the Commercial Register of the District Court Banská Bystrica, Insert No.: 32525/S.

1. GENERAL PROVISIONS
1.1 These general terms and conditions (hereinafter “Terms”) apply to the sale of products and services by the seller, Web Booster s.r.o., IČO: 51 062 577, DIČ: 2120575094, IČ DPH: SK 2120575094, Rudohorská 6636/33, 974 11 Banská Bystrica, Slovakia, concluded with the buyer through means of distance communication via the seller’s website interface.
1.2 The Terms specify and clarify the rights and obligations of the seller and the buyer (hereinafter also “customer”).
1.3 The provisions of these terms and conditions are an integral part of the purchase contract.
1.4 If the contractual party is a consumer (a person other than a business entity making an order in the course of its business), relationships not governed by these terms and conditions are governed by the Civil Code and the Consumer Protection Act.
1.5 These terms and conditions are published on the seller’s website and apply to the sale of products and services by the seller on the website www.brainef.com.

2. ORDER AND CONCLUSION OF PURCHASE CONTRACT
2.1 The product designation, description of its main features, and price, including whether the price includes VAT or not, are stated on the selected webpage of the seller. If the price is stated without VAT, the price with the relevant VAT rate is subsequently stated at checkout. The offer remains valid for the duration displayed on the website interface.
2.2 The sales form always includes information about the customer, the ordered product, goods or service, price including taxes and fees, method of payment of the purchase price, details of the desired method of delivery, and information about the costs associated with the delivery of the product or service provided. Online courses have no delivery costs.
2.3 The contractual relationship between the seller and the customer arises upon sending the order. From this moment, mutual rights and obligations arise between them, defined by the purchase contract and these terms and conditions. By placing the order, the customer confirms that they have read these terms and conditions and agree to them. A prerequisite for a valid electronic order is the completion of all required data and requirements stated in the sales form. The seller excludes the acceptance of an offer with an addition or deviation.
2.4 Information on the individual technical steps leading to the conclusion of the contract is evident from the ordering process, and the customer has the opportunity to check and, if necessary, correct it before sending the order. The data provided in the order are considered correct by the seller.
2.5 The customer agrees to the use of means of distance communication in concluding the contract.
2.6 The contract, or the relevant tax document, will be stored in the electronic archive of the seller for a period of 5 years from its conclusion for the purpose of its successful fulfillment.
2.7 The seller is obliged to provide or deliver the goods/services ordered by the customer, and the customer undertakes to accept and pay the purchase price for the goods/services to the seller. The obligation to deliver the goods/services is waived by the seller in the event of stock depletion, of which the customer will be informed.
2.8 Ownership rights to the products/goods transfer to the customer upon payment of the purchase price and their acceptance.

3. PRICE, PAYMENT METHOD
3.1. The price of products, goods, and services, including information on whether the price includes VAT or not, is stated on the selected web interface of the seller. If the price is stated without VAT, the price including the relevant VAT rate is subsequently provided at checkout.
3.2. For physical products, along with the price, the customer is obliged to pay the costs associated with their packaging and delivery. The price for packaging and delivery is always specified on the sales form, if charged by the seller.
3.3. The seller issues a tax document – an invoice to the customer regarding payments made under the contract, serving as proof of purchase of the product, goods, or services. The seller is the payer of value-added tax.
3.4. The customer pays the price of the product/goods and any delivery costs by non-cash method to the account chosen in the sales form.
3.5. For non-cash payments, payment methods are integrated with the payment gateway of Stripe Inc., which provides secure technology for accepting credit card payments and online bank transfers. Credit card numbers and electronic banking passwords are entered via Stripe Inc.’s secure and reliable channel and are not stored by the Operator in any way.
You can use these payment options:
– Online payment by VISA, VISA Electron, MasterCard, Maestro debit/credit card
3.6. Payment can be monthly, annual, or one-time (depending on the package type and product).
3.7. The customer is required to pay the price along with providing the correct variable symbol for payment; otherwise, the seller will not be able to identify the payment and provide the requested service on time.
3.8. The purchase price is due within 5 days of concluding the contract (from the date of issuing the first invoice), unless stated otherwise. The customer’s obligation to pay for the product/goods or services is fulfilled upon crediting the relevant amount to the seller’s account.
3.9. Unless otherwise specified and agreed, payment is made by credit card using the Stripe.com payment gateway.

4. DELIVERY CONDITIONS
4.1. For online educational products, delivery means the transmission of access details by the seller to the customer’s email address provided in the sales form, or by sending a URL link.
4.2. The seller provides access details to the customer only after full payment of the purchase price, no later than within three days, usually immediately, unless otherwise stated.
4.3. For books, the seller delivers the ordered goods via commercial postal package services based on the current rates, typically within 2-14 business days from receipt of payment. The delivery location is specified based on the customer’s sales form. Delivery is considered fulfilled upon delivering the item to the address specified in the sales form.
4.4. In case of account suspension due to non-payment, the Operator is entitled, if necessary, to delete data stored in the customer’s account.

5. SECURITY AND COPYRIGHT PROTECTION
5.1. Access details for online products or the corresponding URL address are intended solely for the personal use of the customer. Access to the user account is secured by a username and password. The customer is required to maintain confidentiality regarding the information necessary to access their user account for online products or provided URL address. The seller bears no responsibility for misuse of the username and password by a third party.
5.2. Products sold by the seller through the web interface, including their content, are subject to legal protection under copyright law. Any distribution or provision to third parties without the author’s consent is prohibited. The customer may be granted permission to use the copyrighted work based on a license agreement. The customer is liable to the seller for any damages caused by infringement of copyright protection rights.

6. RETURN FROM CONTRACT
6.1. Consumer’s Right of Withdrawal
6.2. Should you decide to withdraw within the legal period, please adhere to the conditions outlined below:
No later than 14 days from receiving the product/goods, the customer must send a statement of withdrawal from the contract to the seller.
Sample withdrawal form (fill out this form and return it only if you wish to withdraw from the contract)
Notice of withdrawal from the contract
Recipient (consumer inserts name, address, and email address):
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of purchase of the following goods (*):
Order date (*)/Receipt date (*):
Consumer’s name and surname:
Consumer’s address:
Consumer’s signature (only if this form is submitted in paper form):
Date:
(*) Delete where not applicable or fill in the information.
Send the form via email to info@brainef.com along with the order number, purchaser’s name, and purchase date.
Withdrawal can be performed electronically via email to info@brainef.com, or in writing to the seller’s address as stated in these terms and conditions (see above), always accompanied by a declaration of withdrawal from the contract and a copy of the invoice – tax document. The customer will receive a credit note for the amount corresponding to the purchase price. The amount will be refunded within 30 days of receiving the email with the withdrawal notice.
In the event of customer withdrawal from the contract, which can be executed electronically to info@brainef.com, the seller is entitled to immediately deactivate and restrict access to the membership section of the program upon receipt of the withdrawal notice.
6.3. Seller’s Right of Withdrawal from the Contract
The seller is entitled to withdraw from the purchase contract without undue delay if it is found that the other party has materially breached the contract. For the purposes of this contract, substantial breach of this contract is considered to be:
– Customer’s delay in payment of the purchase price or partial payment (installment) for more than 10 days after the due date,
– Breach of obligations regarding copyright protection (Art. 5 CP) by the customer.

7. RIGHTS AND OBLIGATIONS FROM DEFECTIVE PERFORMANCE, COMPLAINTS
7.1. Rights and obligations of the contractual parties regarding the seller’s liability for defects, i.e., rights from defective performance, are governed by the relevant mandatory provisions of the Civil Code.
7.2. The seller guarantees to the customer that the goods are free from defects upon receipt. If the item is not in accordance with the purchase contract upon receipt, the customer has the right for the seller to rectify the product/goods free of charge and without undue delay to bring them into conformity with the purchase contract.
7.3. The customer shall exercise the right from defective performance without undue delay upon the seller, but no later than within 14 days from the receipt of the goods.
7.4. Contact us via email at info@brainef.com for complaints. The complaint should include a proof of purchase and description of the defect. You will be informed via email about the handling process of the complaint.
7.5. The customer may request free defect removal, a reasonable discount from the price if the nature of the defect is disproportionate (especially if the defect cannot be rectified without undue delay), or may request delivery of a new defect-free item. If repair or replacement is not possible, based on withdrawal from the contract, the customer may demand a full refund of the purchase price.
7.6. The complaint will be processed without undue delay, no later than within 30 days from the date of filing the complaint, unless a longer period is agreed upon between the seller and the customer.
7.7. The seller is not obliged to satisfy the customer’s claim if it proves that the customer knew about the defect of the goods before taking over or caused it themselves. The seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use. Similarly, the seller is not responsible for defects that may occur due to the customer’s slow internet connection, outdated web browser, or lack of installed software required to run the online product, factors beyond the seller’s control. Online educational courses contain only guides and recommendations; likewise, the seller is not responsible for the success or failure of the customer in applying them practically.

8. MONEY BACK GUARANTEE
8.1. Because we value your satisfaction with our products, we offer you the opportunity to withdraw from the contract with a money-back guarantee for selected products within a maximum of 14 days from the date of purchase, or from the date the access link or URL is sent to your specified email address, if you are not satisfied with the product or find that the purchased online product is not suitable for you.
8.2. To withdraw from the contract due to dissatisfaction, please send an electronic notification to info@brainef.com stating your intention to withdraw from the contract, along with a copy of the invoice and the date of purchase.
8.3. The refund will be processed using the same method as the payment received, within 30 days from the receipt of the email requesting withdrawal from the contract and the submitted confirmation of the tax document correction to our email address. Upon receipt of the request, your access to the product will be automatically deactivated.

9. DISCLAIMER OF LIABILITY
By entering Brainef online courses and applications, you accept that any use of information from this course or software, and the successes or failures resulting from it, are solely your responsibility, and Web Booster s.r.o. or its managers are not liable for them.
Web Booster s.r.o. and its managers hereby disclaim any liability for the accuracy of information and services provided.
All information in Brainef online courses and AI software is based solely on the author’s own experiences. These experiences are subjective, and their interpretation may be incomplete and inaccurate; therefore, Web Booster s.r.o. and its managers are not responsible for decisions or actions based on these recommendations.
Web Booster s.r.o. and its managers are not liable for any damages or losses incurred through the use of information in our courses and software.
Throughout the duration of the online course and membership in online software, you are fully responsible for your actions, behavior, and decision-making. Your success depends not only on the knowledge gained in the course but also on factors beyond our control, such as your abilities, opportunities, knowledge, market conditions, business experience, health status, and similar.

10. PERSONAL DATA PROTECTION
10.1. The seller fully respects the confidentiality of your data that you provide in the order and to Web Booster s.r.o.. The data is secured and protected against misuse. We use them to execute the entire business transaction, including necessary accounting operations, issuing tax documents, identifying your non-cash payments, communicating with you for all customer administration, and also for marketing purposes. These data are stored in a database with strict security against misuse.
10.2. Upon request, Web Booster s.r.o. will promptly and in writing inform you about whether and what personal data about you it has recorded. Despite our efforts to ensure the correctness and timeliness of the data, incorrect information will be corrected upon request. If you have questions regarding the processing of your personal data, you can direct them to info@brainef.com.
10.3. Acquisition and processing of personal data
During your visit to our websites, our web servers will record your IP address provided by your Internet service provider in a standard manner, the website from which you visit us, the websites you visit at our site, as well as the date and duration of your visit. Personal data will only be recorded if you voluntarily provide it to us, for example, during registration or when executing a contract. Disclosure of personal data to state institutions and authorities will only be made within the framework of mandatory legal regulations.
10.4. Option to unsubscribe
We want to use your data to inform you about our products and services or to obtain your opinion. Participation in such activities is voluntary. If you do not agree with them, you can inform us at any time so that we can block the data accordingly. In the case of email communication, you can unsubscribe at any time using the unsubscribe link provided in the footer of each email.
10.5. Consent to the processing of personal data
By completing the sales form, the customer agrees to include their completed personal data in the database of Web Booster s.r.o., as the administrator, and to further process them for marketing purposes and commercial sharing through electronic means in accordance with the law, until the consent is revoked.
At the same time, the customer consents to the seller sending information about planned actions and offers from its business partners.
10.6. Cookies
Web Booster s.r.o. uses cookies to track visitor preferences and optimize the website accordingly. Cookies are small “files” that are stored on your device’s hard drive. This leads to easier navigation and ensures a high level of user comfort on the website. Cookies can be used to determine whether you have already visited our site from your device. Only cookies on your device are identified.

You can deactivate the use of cookies in your Internet browser.

12. DATA STORAGE, UNUSED CREDIT, AND TRIAL VERSION
12.1. Data Storage
Unless stated otherwise, Web Booster s.r.o. retains user data such as generated texts, audio, video, images, and other content created by artificial intelligence for a period of only 3 months. During this period, you may freely download or work with this content. After 3 months, Web Booster s.r.o. reserves the right to delete this data to free up system resources for other users. In exceptional cases, we may make an exception if approved by Web Booster s.r.o. – if interested, please contact us at info@brainef.com.
12.2. Unused Credit
Credit is carried over to the following months or periods only with active membership and subscription. If your membership is inactive, expired, or otherwise recorded by Web Booster s.r.o. as unpaid (e.g., unpaid invoice, unsuccessful credit card payment, etc.), we reserve the right to delete unused credit.
12.3. Trial Credit
In the case of using a trial period, this credit is deleted upon payment of the subscription for the next period, and the user receives credit according to the paid subscription they chose.

13. Fair Use Policy (FUP), Limitations on Generations, Bot Usage, and System Abuse

At Brainef, we do not impose any restrictions on users but use advanced filters to prevent subscription abuse and the use of automatic systems, known as bots.
The use of automatic systems, bots, or other software to abuse and excessively load the Brainef application is prohibited without prior consent. If we find that any user is using such systems without our knowledge, we reserve the right to close such an account immediately and terminate all cooperation.
Each user has a basic limit of 1000 generations per day, which we consider completely sufficient for users. If this limit is insufficient for you, simply write to our email: info@brainef.com and explain the reason for requesting an increase. We will review your request.

14. USE OF THE BRAINEF APPLICATION IN VIOLATION OF EU LAWS

Web Booster s.r.o. reserves the right to suspend and terminate the use of the application by users who violate current legislation of the European Union, without prior notice.

15. FINAL PROVISIONS

15.1. Information on the existence, manner, and conditions of out-of-court settlement of consumer disputes, including information on whether it is possible to lodge a complaint with a supervisory or control authority
Out-of-court settlement of disputes, particularly through mediation or arbitration, is based on the voluntary participation of both parties, objectivity, and impartiality of the proceedings. The competent authority overseeing consumer protection legality is the Inspectorate of the Slovak Trade Inspection, located in Banska Bystrica for the Banska Bystrica region, Dolná 46, 974 00 Banska Bystrica 1 Supervision Department tel. no. 048/412 49 69, 048/415 18 71, 048/415 18 73 fax no. 048/412 46 93 email: bb@soi.sk website link for submissions: https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti/Podajte-podnet.soi If a consumer dispute arises between us as the seller and the consumer-customer, the consumer has the right to its out-of-court settlement. The subject of out-of-court settlement according to the law on consumer protection is the Inspectorate of the Slovak Trade Inspection. The details of out-of-court settlement are listed on the websites. A consumer may also use the platform to resolve consumer disputes online, set up by the European Commission at http://ec.europa.eu/consumers/odr/.
15.2. Effectiveness
These terms and conditions shall enter into force on 01.01.2024. Information is published through the website https://brainef.com and other information channels. The seller reserves the right to change these terms and conditions at any time without prior notice. Each new version of the terms and conditions is available on the website https://brainef.com and is marked with the date of effectiveness. All orders are always governed by the current version of the terms and conditions.