Terms of Use

These Terms of Use govern your use of the Brainspill iOS app (“Brainspill” or the “App”), provided by Kosisochukwu Victor Eneze, an individual based in Halifax, Nova Scotia, Canada, trading under the name “ScarabCrafts” (“we”, “us”, “ScarabCrafts”). By downloading, installing, or using the App, you agree to these terms. If you do not agree, do not use the App.

Brainspill is distributed through the Apple App Store. In addition to these Terms of Use, your use of the App is subject to Apple’s Licensed Application End User License Agreement (the “Standard EULA”), available at apple.com/legal/internet-services/itunes/dev/stdeula. Where Apple’s Standard EULA and these Terms address the same topic, Apple’s Standard EULA controls; the additional terms below apply on top of it.

1. License

Subject to your compliance with these Terms and the Standard EULA, ScarabCrafts grants you a personal, limited, non-exclusive, non-transferable, revocable license to use the App on any iOS device that you own or control, as permitted by the Apple Media Services Terms.

2. Subscriptions, free trial, and pricing

Brainspill offers a free tier and two paid subscription tiers, Pro and Max, each available in monthly and annual billing.

• Subscriptions are auto-renewable. Payment is charged to your Apple ID at confirmation of purchase.
• Your subscription automatically renews at the end of each billing period unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate then in effect (see “Price changes” below).
• You can manage and cancel your subscription in your Apple ID Account Settings on the App Store after purchase.
• A 7-day free trial of Brainspill Pro is available to new subscribers. Any unused portion of a free trial is forfeited when you purchase a subscription that overrides the trial.
• Prices are shown in your local currency where supported by Apple, and may be adjusted by Apple in line with their pricing matrix or by us in accordance with the “Price changes” section below.

Price changes

ScarabCrafts reserves the right to change the price of any Brainspill subscription, in any region, at any time, in our sole discretion. We may raise or lower prices to reflect changes in our costs, the value of the product, market conditions, regulatory requirements, currency or tax conditions, or strategic decisions about how Brainspill is positioned. Where we change prices, the following rules apply:

• New subscribers pay the price displayed at the time of their purchase.
• Free trials. The price you will be charged when a free trial converts to a paid subscription is the price displayed at the time you started the trial, unless we notify you of a price change during the trial through Apple’s standard subscription-change flow, in which case the rules below for renewals apply.
• Existing subscribers are not charged a new price during a billing period that has already started. The price you paid for your current monthly or annual term remains in effect until that term ends.
• Renewals at a new price. If we raise the price of your subscription, Apple will notify you in advance of your next renewal in accordance with App Store policies (typically at least 60 days before the renewal). You will have the opportunity to cancel before the new price takes effect. If Apple’s policies require your explicit consent for a particular increase, Apple will prompt you to confirm; if you do not confirm, your subscription will be cancelled at the end of the current period at the previous price.
• Acceptance by continued use. If you do not cancel your subscription before a renewal at a new price takes effect, your continued use of the paid subscription after that renewal date constitutes acceptance of the new price.
• Additional notice channels. In addition to any notice provided by Apple, we may, but are not obligated to, give you advance notice of a price change directly through the App (for example, via an in-app message or push notification). Failure or delay to provide such direct notice does not invalidate a price change that has been correctly announced through Apple.
• Regional pricing. Prices are set per region in Apple’s pricing matrix. We may set different prices in different regions, change the price tier for a specific region independently of others, or use Apple’s automatic price equalisation when local currency or tax conditions shift. Different prices may apply to identical subscriptions in different regions.
• Sales taxes and VAT. Where Apple is responsible for collecting sales tax, VAT, GST, or similar consumption taxes on your purchase, the amount you are charged may change if the applicable tax rate changes, even if the underlying subscription price does not change. Such tax-driven changes are not subject to the renewal-notice procedure above and take effect when Apple applies them.
• Lower prices and promotions. We may offer introductory pricing, sale pricing, winback pricing, or other promotional offers that are lower than the standard rate. Such offers are made at our discretion, may be offered only to specific users, periods, regions, or subscription groups identified at the time of the offer, and do not entitle any other user (including users who previously paid a higher price for an equivalent subscription) to a refund, credit, rebate, or matched price. We are under no obligation to offer the same promotional pricing again.
• No retroactive application. Price changes do not apply retroactively. We will not charge you a higher price for a billing period that has already started or already been paid.
• Tier changes and discontinuation. We may modify, rename, or discontinue a subscription tier at any time. If we discontinue a tier you are currently subscribed to, your subscription will continue at the previously agreed price until the end of your current billing period; we will not auto-renew you into a different tier without your consent. We will provide a path to migrate to a comparable available tier where one exists.
• Where local consumer-protection law gives you stronger rights regarding subscription price changes, advance notice, refunds, or cancellation than these terms describe, that local law applies and these terms are read down to the extent necessary to comply with it.
• Limitation of liability for price changes. Provided we conduct a price change in accordance with this section and applicable law, the change does not give rise to any claim, refund obligation, or liability beyond what is expressly set out above.

All purchases are final, except where required by applicable law. Refund requests for App Store purchases must be made through Apple at reportaproblem.apple.com. We do not separately process refunds outside of Apple’s flow.

3. Acceptable use

You agree not to:

• Use the App in violation of any applicable law, including export-control or sanctions law.
• Reverse engineer, decompile, or attempt to extract source code from the App, except where this restriction is prohibited by law.
• Use the App to capture audio of any person without their knowledge or consent where doing so would violate applicable wiretap, eavesdropping, or privacy law in your jurisdiction.
• Use the App to record, transmit, or generate content that is unlawful, defamatory, harassing, or that infringes the rights of others.
• Attempt to bypass paywalls, subscription gates, or limits in the App.
• Use the App for purposes of competitive benchmarking, AI model training, or to build a similar or competing product.

4. Your content

You retain ownership of the audio you speak, the transcripts produced by the App, and the tasks the App extracts. The App processes that content on your behalf to provide its functionality. We do not claim any rights in your content.

Because audio is processed on-device and discarded, and tasks are stored locally, we do not in the ordinary course hold copies of your content. See the Privacy Policy for full detail.

5. AI features and accuracy

Brainspill uses speech recognition and AI language models to turn what you say into a structured task list. These systems are statistical: they will sometimes mishear words, miss tasks, hallucinate tasks that were not said, or assign incorrect dates and details. You are responsible for reviewing the extracted task list before relying on it. Do not use Brainspill as the sole source of truth for medical, legal, financial, safety-critical, or time-critical commitments. Verify the output.

6. Third-party services

The App integrates with third-party services as described in the Privacy Policy, including Apple, OpenAI, OneSignal, Sentry, and Superwall. Your use of those services through the App is subject to their respective terms. We are not responsible for outages, errors, or changes in those services that affect the App.

7. Updates and changes

We may release updates to the App and may modify or discontinue features at our discretion. We will not knowingly remove a paid feature from your tier mid-subscription without offering a comparable replacement or a refund of the unused portion.

8. Intellectual property

The Brainspill name, logo, app icon, and the design of the App are the property of ScarabCrafts. Apple, the App Store, Apple Reminders, Siri, and related marks are trademarks of Apple Inc. Other third-party names and marks belong to their respective owners. These Terms do not grant you any right to use those marks.

9. Disclaimer of warranties

The App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, accuracy, or non-infringement, except to the extent these warranties cannot be disclaimed under applicable law. We do not warrant that the App will be uninterrupted, error-free, or that AI extractions will be accurate.

10. Limitation of liability

To the maximum extent permitted by law, ScarabCrafts shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising from or relating to your use of the App. Our total liability for any claim arising out of these Terms or the App shall not exceed the greater of (a) the amount you paid for the App in the twelve months preceding the claim, or (b) USD 50.

11. Indemnity

You agree to indemnify and hold ScarabCrafts harmless from any claim, demand, or expense (including reasonable attorneys’ fees) arising from your misuse of the App, your violation of these Terms, or your violation of any law or third-party right.

12. Termination

You may stop using the App at any time. We may suspend or terminate your access to the App if you materially breach these Terms. Sections 4, 5, 8, 9, 10, 11, and 13 survive termination.

13. Governing law and disputes

These Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. Any dispute arising from these Terms or the App shall be brought in the courts located in Halifax, Nova Scotia, Canada, except where mandatory consumer-protection law in your country of residence requires a different forum or different rights, in which case those mandatory rules apply.

14. Apple-specific terms (incorporated)

You acknowledge that these Terms are concluded between you and ScarabCrafts only, and not with Apple. Apple is not responsible for the App or its content. To the extent these Terms provide for a license, that license is non-transferable and limited to use of the App on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms.

Apple has no obligation to furnish maintenance or support for the App. In the event of a failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any). To the maximum extent permitted by law, Apple has no other warranty obligation in respect of the App.

ScarabCrafts, not Apple, is responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer-protection or similar legislation. ScarabCrafts is solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property infringement claim relating to the App.

You represent that you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

15. Changes to these Terms

We may revise these Terms from time to time. The “Last updated” date at the top will reflect the most recent revision. Continued use of the App after a change indicates acceptance of the revised Terms.

16. Contact

ScarabCrafts · brainspill.legal@scarabcrafts.com

17. Successor entity

ScarabCrafts is in the process of being incorporated as a registered company in Canada. Upon completion of incorporation, the rights and obligations under these Terms will transfer by operation of law to the corporate successor, which will continue to operate under the ScarabCrafts trade name. Your continued use of the App after the successor entity assumes operation constitutes acceptance of that transfer. We will update the “Last updated” date and the entity identification at the top of these Terms when this occurs.