Synthetic BrAIn — Terms of Service

Provider: Maibot, a company organized under the laws of the Republic of Paraguay (the "Company", "we", "us"). Product: the Synthetic BrAIn desktop application and the Allive-BrAIn engine (the "App"). Version: 1.0 · Draft — pending legal review. Effective date: To be announced.

These Terms are written in English. Where the App is offered in Spanish or another language, a translation may be provided for convenience; for consumers in Paraguay and other Spanish-speaking markets a Spanish version should be made available and, where the law so requires, will prevail.

1. Agreement to these Terms

By downloading, installing, activating, or using the App, you agree to these Terms of Service and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not install or use the App. If you use the App on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes that organization.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract. The App is not directed to children, and we do not knowingly collect data from anyone under 18.

3. What the App is

Synthetic BrAIn is a local-first AI application. It runs on your device and stores your conversations, memory, profile, files, and settings on your device. The Allive-BrAIn engine gives the App a persistent memory and agency layer that belongs to you, the person using it. The App can connect, at your direction, to third-party AI model providers or to models you run locally.

The App is built on the open-source hermes-agent engine by Nous Research, used under the MIT License; the required copyright and license notice is preserved in the NOTICE file distributed with the App. All other components, the Allive-BrAIn additions, and the App as a whole are proprietary to the Company and its licensors (see Section 11).

4. Licence to use the App

Subject to these Terms and to payment of any applicable fees, the Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to install and use the App on devices you own or control, for your own internal use. This is a licence to use the App, not a sale; the Company and its licensors retain all rights not expressly granted. Your licence and its scope (for example, number of devices, features, and term) are determined by the plan, trial, or entitlement associated with your account or licence key.

5. Your content stays with you

You own your content. Anything you create, input, or generate in the App — your prompts, files, conversations, memory, and the model outputs you receive ("Your Content") — is yours.

Because the App is local-first, Your Content is stored on your device and is not sent to the Company by using the App. The Company does not access, collect, or store Your Content in the ordinary course of running the App. Your Content leaves your device only when you choose to send it — for example to a third-party AI provider you connect (Section 7), or to a cloud service you configure. You are responsible for maintaining your own backups.

6. We do not train on Your Content

The Company does not use Your Content to train, fine-tune, or improve AI models, and does not sell Your Content. This is a core commitment of the product, not a setting you have to find. Where Your Content is processed by a third-party model provider you connect, that provider's terms and privacy policy govern what they do with it (Section 7).

7. Third-party AI providers and "bring your own key"

The App can connect to third-party AI model providers (for example OpenAI, Anthropic, or others) using your own account or API key ("BYOK"), or to models you run locally on your own hardware.

• When you use a connected third-party provider, your prompts and related content are sent to that provider and are governed by that provider's terms and privacy policy, not these Terms. You are responsible for your own accounts, keys, usage, and charges with them.
• Optional integrations (for example an external coding agent, messaging channels, or other services) are likewise governed by their own providers' terms, and any fees they charge are your responsibility, separate from any fees payable to the Company.
• The Company does not control third-party providers, does not guarantee their availability, output, pricing, or policies, and is not responsible for them.

8. AI output — no reliance

The App generates content using AI models. Output may be inaccurate, incomplete, biased, or misleading, and is not professional advice (legal, medical, financial, or otherwise). You are responsible for reviewing and verifying any output before relying on or acting on it.

9. Local file and folder access

By default the App reads, creates, modifies, moves, and deletes files only within its own workspace. The App may ask your permission to access other folders you choose — for example another folder on your computer or an external drive — so it can help you organize or work with your files. You are asked each time, and any access you grant applies only to that session; it is never remembered silently. When you allow access, you direct and authorize those file operations and accept the risk to the files in the folder you chose, including accidental modification, movement, or deletion. Certain protected locations (such as system credentials and the App's own engine and secure store) remain off-limits even inside a folder you grant. Keep backups of anything important.

10. Automated actions and code execution

The App can act on your behalf — running tools, commands, or code, including in an automated mode you enable. You are responsible for actions the App takes at your direction and for their consequences on your device, data, and accounts. Review what the App is configured to do before enabling automated or unattended operation.

11. Intellectual property

The App, the Allive-BrAIn engine (excluding the underlying open-source hermes-agent code, which remains under its MIT licence and whose notice is preserved), and the names, logos, and branding — including "Synthetic BrAIn", "Allive-BrAIn", "Synnthy", and "Mente Híbrida" — are owned by the Company and its licensors and are protected by intellectual-property and trademark law. Except for the licence in Section 4, these Terms grant you no right to the Company's intellectual property. You may not use the Company's marks without prior written permission.

12. Acceptable use

You agree not to, and not to permit anyone to:

1. copy, modify, translate, or create derivative works of the App except as expressly permitted by law that cannot be excluded by contract;
2. reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
3. rent, lease, lend, sell, redistribute, sublicense, or provide the App as a service to third parties;
4. use the App to build or train a competing product or model, or to scrape or extract the App's software or data;
5. remove, obscure, or alter any proprietary notice, including the NOTICE file or licence information;
6. circumvent or tamper with licensing, entitlement, trial, or security mechanisms;
7. use the App to break the law, infringe others' rights, or generate or distribute unlawful, harmful, or abusive content; or
8. misuse connected providers or exceed their terms.

We may suspend or terminate access for breach of this Section.

13. Purchases, trial, and licences

13.1 Trial

The App may be offered with a free trial (currently 30 days). When the trial ends, trial-only functionality may stop and reminders to purchase a licence may appear until you activate a paid licence.

13.2 Software purchases and payment processor

Software licences are sold through our payment provider Paddle, which acts as the merchant of record and reseller for those transactions and handles payment, taxes, and billing. Your purchase is also subject to Paddle's buyer terms. Prices are shown at checkout and may change prospectively.

13.3 Course purchases

The Mente Híbrida course is sold through Hotmart. Course purchases are subject to Hotmart's terms in addition to these Terms.

13.4 Cross-channel bundle

As a promotion, a qualifying course purchase may grant a complimentary software licence for a limited period (currently 12 months), and a qualifying software purchase may grant complimentary course access for a limited period (currently 12 months), language-matched where applicable. Bundle grants are subject to eligibility and anti-abuse checks, are limited-time, and are not exchangeable for cash.

13.5 Third-party usage costs

Certain optional features rely on third-party services billed to you by those providers (for example your own AI provider usage under BYOK, or an optional external coding agent). Those costs are separate from, and additional to, any fees payable to the Company.

13.6 Refunds and revocation

Refunds are handled through the channel of purchase (Paddle or Hotmart) in accordance with their policies and applicable Paraguayan consumer law. If a purchase is refunded, charged back, or reversed, the associated licence and any bundled grants may be revoked and the corresponding functionality may cease.

14. Pre-release / beta

The App, or features within it, may be provided on a pre-release or beta basis for evaluation. Such software may be incomplete, change without notice, or be discontinued, and is provided without warranty and without any service commitment.

15. Changes to the App

We may change, add, or discontinue features of the App at any time. We are not liable to you or any third party for modifying or discontinuing the App or any feature, subject to your rights under applicable consumer law.

16. Termination

You may stop using the App at any time. We may suspend or terminate your licence if you breach these Terms or if required by law. On termination, the licence granted in Section 4 ends and you must stop using the App; sections that by their nature should survive (including 5, 6, 8, 11, 12, 17, 18, 19, and 20) survive. Because the App is local-first, Your Content remains on your device and is yours to keep, export, or delete.

17. Disclaimer of warranties

To the maximum extent permitted by law, the App and all output are provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding accuracy, reliability, or availability. Nothing in these Terms excludes or limits warranties or rights that cannot be excluded or limited under applicable Paraguayan consumer-protection law.

18. Limitation of liability

To the maximum extent permitted by law, the Company and its licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost data, profits, revenue, or goodwill, arising out of or related to the App or these Terms. To the maximum extent permitted by law, the Company's total aggregate liability arising out of or related to the App or these Terms will not exceed the greater of (a) the amount you paid the Company for the App in the twelve (12) months before the event giving rise to the liability, or (b) fifty United States dollars (USD 50). These limits do not apply to liability that cannot be limited under applicable law.

19. Indemnity

To the extent permitted by law, you agree to indemnify and hold the Company harmless from claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the App, your violation of these Terms, your content, or your violation of any law or third-party right.

20. Governing law and disputes

These Terms are governed by the laws of the Republic of Paraguay, without regard to its conflict-of-laws rules. The parties submit to the jurisdiction of the competent courts of Paraguay , without prejudice to any mandatory rights a consumer may have to bring proceedings in their place of domicile under applicable law. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

21. Changes to these Terms

We may update these Terms. If we make material changes, we will provide notice (for example in the App), and, where required, ask you to accept the updated Terms. Changes take effect on the stated effective date; continued use after that date means you accept the updated Terms.

22. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and the Company regarding the App. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. The App may be subject to export-control and sanctions laws, which you agree to comply with.

23. Contact

Questions about these Terms: [email protected]