Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer" or "you") and BrainstormMSP ("Company," "we," "us," or "our") governing your access to and use of the BrainstormMSP platform, including our website, applications, and services (collectively, the "Services"). By creating an account or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Description of Services

BrainstormMSP provides an AI-powered security compliance and assurance platform designed for Managed Service Providers (MSPs). Our Services include:

• Automated security control evaluation and monitoring
• Integration with PSA platforms (ConnectWise, HaloPSA) and security tools (Acronis, Microsoft 365)
• Autonomous AI agents for backup, security, capacity, and cost optimization
• Compliance reporting and attestation generation
• Automated ticketing and remediation workflows
• Risk scoring and vulnerability management

3. Account Registration and Eligibility

To use our Services, you must:

• Be at least 18 years old and have the legal capacity to enter into contracts
• Provide accurate, current, and complete registration information
• Maintain and update your account information to keep it accurate and current
• Maintain the security of your account credentials
• Immediately notify us of any unauthorized access or security breach

You are responsible for all activities that occur under your account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Subscription and Payment

Service Access

BrainstormMSP is currently offered free of charge with full access to all features. See our Features page for a complete list of what's included.

Billing and Payment

• Subscriptions are billed in advance on a monthly or annual basis
• You authorize us to charge your payment method for all fees
• All fees are non-refundable except as required by law
• We may change pricing with 30 days notice to existing customers
• Failure to pay may result in suspension or termination of service

Renewals and Cancellations

Subscriptions automatically renew unless cancelled at least 7 days before the renewal date. You may cancel your subscription at any time through your account settings or by contacting support.

5. Acceptable Use Policy

You agree not to:

• Use the Services for any illegal purpose or in violation of any laws
• Interfere with or disrupt the Services or servers
• Attempt to gain unauthorized access to any systems or networks
• Reverse engineer, decompile, or disassemble any part of the Services
• Remove or alter any proprietary notices or labels
• Use the Services to transmit malware, viruses, or harmful code
• Resell or redistribute the Services without authorization
• Use automated means to access the Services except through our API
• Impersonate any person or entity or misrepresent your affiliation

6. Intellectual Property Rights

The Services and all content, features, and functionality are owned by BrainstormMSP and are protected by copyright, trademark, and other intellectual property laws.

License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

Your Content

You retain ownership of all data, content, and materials you submit to the Services ("Your Content"). By submitting Your Content, you grant us a worldwide, royalty-free license to use, store, and process Your Content solely to provide the Services.

7. Data Privacy and Security

We take data privacy and security seriously. Our collection and use of personal information is governed by our Privacy Policy.

• We implement industry-standard security measures to protect your data
• You are responsible for maintaining the confidentiality of your account credentials
• We are not liable for unauthorized access resulting from your failure to secure your account
• See our Data Use Policy for details on how we process and use your data

8. Service Level Agreement (SLA)

We strive to maintain high availability and performance:

• Target uptime: 99.9% (excluding scheduled maintenance)
• Scheduled maintenance windows announced 48 hours in advance
• Support response times may vary based on issue severity

We do not guarantee uninterrupted access and are not liable for downtime caused by factors beyond our control.

9. Disclaimers and Limitations of Liability

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRAINSTORMMSP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless BrainstormMSP and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including attorney's fees) arising from: (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any rights of another party, or (d) Your Content.

11. Termination

Either party may terminate this agreement:

• You may cancel your subscription at any time
• We may suspend or terminate your access for violations of these Terms
• We may terminate with 30 days notice for any reason
• Upon termination, your right to use the Services immediately ceases
• We will provide you with access to export Your Content for 30 days after termination

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Services. Your continued use of the Services after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and cancel your subscription.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property violations.

14. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and BrainstormMSP
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Waiver: Our failure to enforce any right or provision does not constitute a waiver
• Assignment: You may not assign these Terms without our consent; we may assign freely
• Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights

15. Contact Information

Questions about these Terms? Contact us: