Back to home

Terms of Service

Effective: January 1, 2026

Version: 1.0

Plain English Summary

Second Brain helps you capture and search your personal memories. Your data stays on your device. We only process what's needed for AI features. You own your content. You must be 17+ to use the app.

1. Agreement to Terms

These Terms of Service ("Terms") constitute a binding agreement between you and Second Brain ("we," "us"). By downloading, installing, or using Second Brain ("Service," "App"), you agree to these Terms. If you disagree, do not use the Service.

If using on behalf of an organization, you represent having authority to bind that organization.

2. Eligibility

You must be at least 17 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

You are responsible for maintaining the security of your device and account credentials.

3. Your Content & Privacy

Content Ownership

You retain all rights to your memories, notes, and other content ("User Content"). We claim no ownership of your User Content.

Limited License

You grant us a limited, non-exclusive, revocable license to process User Content solely to provide the Service (generating embeddings, search, AI responses). This license terminates when you delete your content.

Privacy-First Design

User Content is stored locally on your device. Only minimal data (questions and relevant snippets) is sent to AI providers for processing. We do not sell or share your data.

4. Prohibited Uses

You agree NOT to:

  • Violate any laws or regulations
  • Upload illegal, harmful, or offensive content
  • Infringe on others' intellectual property rights
  • Attempt to access the Service without authorization
  • Reverse engineer or decompile the App
  • Use automated systems or bots to access the Service
  • Interfere with or disrupt the Service
  • Use the Service to build competing products
  • Store highly regulated data (HIPAA, PCI) without appropriate safeguards

We reserve the right to terminate accounts violating these prohibitions.

5. AI Features & Limitations

AI Accuracy Disclaimer

AI-generated responses may be inaccurate, incomplete, or outdated. Always verify important information. Do not rely on the Service for professional, medical, legal, or financial advice.

Third-Party Services

We use third-party AI providers (OpenAI, Supabase) to process queries. While we require these providers to protect your data, we are not responsible for their independent actions.

6. Subscriptions & Payments

Auto-Renewal

Paid subscriptions automatically renew unless cancelled at least 24 hours before the current period ends. Manage subscriptions in your App Store account settings.

Price Changes

We may change prices with 30 days notice. Continued use after notice constitutes acceptance of new prices.

Refunds

Refunds are handled per App Store policies. Fees already paid are generally non-refundable.

7. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE; AND (B) OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR $100 IF YOU HAVE NOT PAID US.

Some jurisdictions do not allow these limitations, so they may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Developer from any claims, damages, losses, and expenses (including attorney fees) arising from your use of the Service or breach of these Terms, except to the extent caused by our negligence or willful misconduct.

10. Dispute Resolution

Mandatory Arbitration

Any disputes shall be resolved through binding individual arbitration under JAMS Streamlined Arbitration Rules, except you may bring claims in small claims court if they qualify. The arbitration will be conducted in California.

Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action.

30-Day Opt-Out

You may opt out of arbitration by emailing us within 30 days of first using the Service.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access for:

  • Violation of these Terms
  • Illegal or harmful activity
  • Security threats to the Service
  • Non-payment of fees
  • Extended inactivity (12+ months)
  • Legal requirements

Upon termination, your license to use the Service ends. Sections that should survive (ownership, disclaimers, liability limits) remain in effect.

12. Force Majeure

We are not liable for failures or delays due to circumstances beyond our reasonable control, including natural disasters, acts of government, war, terrorism, strikes, or Internet service provider failures.

13. Changes to Terms

We may modify these Terms with 30 days notice for material changes (via in-app notification or email). Continued use after the effective date constitutes acceptance. We will maintain a version history.

14. General Provisions

Governing Law

These Terms are governed by California law, excluding conflict-of-laws rules.

Severability

If any provision is invalid, the rest remains in effect.

Entire Agreement

These Terms and our Privacy Policy (which is incorporated by reference) constitute the entire agreement between you and us regarding the Service.

Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your information. By using the Service, you also agree to our Privacy Policy.

No Waiver

Our failure to enforce any provision is not a waiver of that provision.

15. Apple App Store Provisions

These additional terms apply when downloading from the Apple App Store:

  • Apple is not responsible for the Service or these Terms
  • Apple has no obligation to provide support or maintenance
  • Apple is not responsible for any product liability claims
  • Apple is a third-party beneficiary with the right to enforce these Terms

16. Contact Information

For questions about these Terms:

Email: support@2ndbrainai.app

Website: 2ndbrainai.app

Location: California, USA