Executive Summary
- Service Overview: BrainUp is a free online resume and CV builder with AI-assisted writing and analysis tools. Users can create unlimited resumes at no cost, subject to reasonable usage limits (e.g. rate or abuse prevention) to protect service quality. Some advanced features (e.g. premium templates, extra formats, advanced AI assistance) are offered as paid Premium Services. BrainUp is not an employer, recruiter, immigration or legal service and makes no guarantees of employment, interviews, job offers, salary, ATS scores or career outcomes. All AI-generated or suggested content must be carefully reviewed by the user.
- Account and Data: You retain ownership of content you upload (resume text, personal info). BrainUp may allow limited use without an account (data stored locally in your browser), or enhanced features with a registered account (cloud storage, multi-device sync). In either case, user data is processed only as needed to operate the service. BrainUp complies with applicable data-protection laws: in India (DPDP Act 2023 and Rules 2025), the EU (GDPR), UK (UK GDPR/Data Protection Act 2018), and others. Users have rights (access, correction, deletion, portability, objection, withdrawing consent) as provided by law. Contact details for privacy and grievance redress (Grievance Officer, Data Protection Officer, etc.) are provided in the Privacy Policy.
- AI and Content: BrainUp’s AI tools (e.g. AI-driven resume rewriting, section generation, analysis, ATS scoring) are assistive only. AI Outputs (content the system generates or modifies) may be incorrect, incomplete, biased, or outdated. You must independently verify and approve any AI-generated or suggested content. Under the EU Artificial Intelligence Act (effective 2 Aug 2026), BrainUp complies with transparency requirements: users interacting with AI are informed it is AI, and AI-generated outputs are marked or labeled as such. Users must not submit confidential or restricted information to AI, or use BrainUp’s AI features for unlawful discrimination or regulated decisions.
- Pricing and Subscriptions: Prices for Premium Services (subscriptions or one-time purchases) are displayed in local currency (e.g. Indian Rupees) and may include taxes. By buying a Premium Service, you authorize BrainUp or its payment processor (third-party) to charge your payment method. Subscriptions auto-renew until cancelled (you must cancel before renewal to avoid further charges). Cancellation takes effect on the next billing cycle and does not necessarily trigger a refund unless required by law or approved by BrainUp after investigation.
- Refunds: All payments are generally non-refundable, except as required by consumer-protection laws. If you request a refund, BrainUp will conduct a fair, documented investigation (reviewing transaction records, usage logs, system errors, etc.) before deciding. Only in cases like double-charges, technical faults, or proven unauthorized transactions will a refund or credit be approved. Changing your mind, forgetting to cancel, or dissatisfaction with results typically do not qualify for refund. Users in jurisdictions with mandatory refund rights (EU/UK) retain those rights.
- Liability and Disclaimers: The service is provided “AS IS” with no warranties of fitness or accuracy beyond what law allows. BrainUp disclaims liability for all indirect or consequential losses (lost income, missed job opportunities, data loss, etc.), and caps any direct liability at the amount you paid in the past 12 months. These limitations do not affect non-waivable statutory rights.
- Compliance: BrainUp’s Terms incorporate local consumer and data-protection laws. All users are subject to jurisdictional requirements (e.g. India’s Consumer Protection Act, EU Digital Content Directive, EU GDPR/UK GDPR, DPDP Act, etc.). EU/UK and Indian data-protection rights (access, erasure, grievance) are honored. For EU/UK users, BrainUp will comply with EU/UK standards (including the EU AI Act Article 50 transparency obligations). International payments and data transfers follow PCI-DSS and cross-border rules; use is at your own choice and risk.
The following Terms and Conditions (“Terms” or “Agreement”) detail all the above points. By using BrainUp (brainup.in and related services), you agree to abide by these Terms. If you do not agree, do not use the service.
Terms & Conditions
These Terms govern your access to and use of BrainUp and its website brainup.in and all associated services (resume/CV builder, templates, AI-writing tools, downloads, premium features, mobile apps, APIs, integrations, etc., collectively the “Service”). BrainUp is owned by Velqonix AI Labs LLP. The Service is provided by Velqonix AI Labs LLP (“BrainUp”, “we”, “us”, “our”). By using the Service in any way—whether browsing, creating an account, uploading content, generating or downloading resumes, using AI tools, or making payments—you confirm that you have read, understood, and agree to these Terms, including all policies and notices they incorporate by reference. If you do not agree, do not use the Service.
1. IMPORTANT NOTICE
BrainUp provides tools to help you create and format resumes, CVs, cover letters, and other career documents. BrainUp is not a recruitment or career-advice service. We do not guarantee any interview, job offer, salary level, promotion, or career outcome. You remain fully responsible for the accuracy and truthfulness of the information in your resumes or any documents you generate. BrainUp expressly disclaims any liability for the suitability, completeness, or success of any resume, CV, cover letter, or job application prepared with the Service. You should carefully review and verify all content before submitting it to employers or third parties.
2. DEFINITIONS
- BrainUp, we, us, our: Velqonix AI Labs LLP, the legal entity that owns and operates this Service.
- User, you, your: any person accessing or using the Service.
- Service: BrainUp’s website, applications, resume-builder, CV-builder, templates, editing tools, AI features, analytics, downloads, email notifications, and any related products or services.
- User Content: all content you submit, upload, generate or provide via the Service, including resume text, job history, skills, education, documents, images, profile info, questions/prompts to AI, etc.
- AI Output: content (text, bullet points, summaries, scores, suggestions) generated or modified by BrainUp’s AI or machine-learning systems.
- Premium Services: any paid feature, plan, subscription, template, export format, credit, API, or content designated by BrainUp as premium.
- Third-Party Services: external services or technologies used by BrainUp (cloud storage, payment processors, analytics, AI providers, etc.).
3. ELIGIBILITY
You may use the Service only if you have the legal capacity to enter into binding agreements under your local law. If you are a minor (below the legal age of majority in your country), you may use the Service only with a parent or guardian’s involvement and consent, as required by law. By using BrainUp, you represent that you meet the applicable age requirement (13+ in most jurisdictions) and that your use complies with all laws. BrainUp may suspend or terminate any account or use it determines to be ineligible.
4. THE BRAINUP SERVICE
BrainUp offers a resume-building platform with features such as: creating and editing resumes/CVs; using customizable templates; AI-assisted writing and analysis (summary generation, keyword suggestions, grammar improvement, ATS-compatibility scores, etc.); downloading documents in PDF/Word/TXT; and more. The Service may include free tools and paid (Premium) tools. BrainUp does not guarantee that any particular feature, template, or integration will remain available indefinitely. We may update, modify, restrict, or discontinue any feature without notice.
Use of the Service is subject to limits and controls for security and fair use. BrainUp may impose rate limits, storage caps, or other restrictions to prevent abuse, fraud, or system overload. If your use adversely affects other users or our systems, we may suspend or throttle your access.
5. FREE RESUME CREATION
BrainUp allows users to create resumes and CVs for free, including downloading or exporting documents, subject to fair-use limits. We advertise “unlimited free resume creation,” meaning we do not charge a per-resume fee. However, “unlimited” is qualified by reasonable use: BrainUp may implement anti-abuse measures (rate limiting, spam control, storage quotas) to prevent misuse or automated scraping. Free use is also limited to non-premium features; for example, certain premium templates or advanced exports may require payment. BrainUp reserves the right to change what is free vs. premium; any such change affecting current users will be communicated in advance if required by law.
6. PREMIUM SERVICES
Certain features require payment. Premium Services may include, for example: premium resume templates; advanced formatting or design options; additional export formats; access to high-volume AI writing or analysis (beyond free credit limits); additional resume versions or storage; and other features BrainUp designates as paid. Pricing, plans, and included features will be clearly displayed at the time of purchase. We may offer one-time purchases, monthly/annual subscriptions, or credit bundles. BrainUp may change pricing or features, but where you have an ongoing paid subscription, any material change will be communicated and any statutory rights (e.g. right to terminate) respected.
7. PRICES, TAXES AND PAYMENTS
Prices for Premium Services are shown in Indian Rupees (₹) or other supported currencies. Unless stated, fees do not include taxes; applicable taxes may be added at checkout based on your location and law. Payment methods (credit card, debit card, UPI, other) are processed by trusted third-party payment processors; BrainUp does not handle full card details. When you purchase a Premium Service, you authorize BrainUp (or its processor) to charge your payment method. You represent that you are authorized to use the chosen payment method and that the information is accurate and current.
8. SUBSCRIPTIONS AND AUTOMATIC RENEWAL
If you purchase a subscription (recurring plan), it will automatically renew at the end of each billing period (monthly, yearly, etc.) until you cancel. Before confirming a subscription, BrainUp will clearly display the recurring price, period, and cancellation instructions. You are responsible for cancelling before renewal if you do not wish to continue. Cancellation typically stops future charges but does not automatically refund past payments (except as below). For clarity: if you cancel mid-period, you will generally retain access until the end of the paid period, but will not be charged again.
9. PAYMENT DISPUTES AND CHARGEBACKS
If you have an issue with a charge, please contact us first so we can resolve it. You agree not to initiate a credit-card chargeback or payment dispute without giving BrainUp a chance to address the problem. Unjustified chargebacks may lead to account suspension or collection efforts. If a chargeback or refund is initiated, we reserve the right to verify its legitimacy. However, this section does not limit your legal rights regarding unauthorized transactions or consumer protections.
10. REFUND POLICY
10.1 General Policy: Because Premium Services involve immediate access to digital content (downloads, software, AI, etc.), payments are generally non-refundable once the service is delivered or accessed, except as required by law. BrainUp does not offer refunds simply because you change your mind, forget to cancel, or are dissatisfied with results. Instead, we will review refund requests on a case-by-case basis through an investigation.
10.2 Refund Investigation: If you request a refund, we will conduct a fair investigation to determine eligibility. This may include reviewing transaction records, usage logs, dates/times of purchase, the extent of service use, and communications. BrainUp may ask you for details (proof of billing, description of issue, etc.). Investigations are handled promptly, typically within 7–14 business days, unless extended by legal process. During the investigation, BrainUp may suspend related account features.
10.3 Considerations: A refund or credit may be approved, in whole or in part, if we find valid reasons such as: duplicate or erroneous charges; a technical failure on BrainUp’s side preventing you from using the paid service; proven unauthorized transaction or fraud; or other fair cause. BrainUp may offer a refund, partial refund, or account credit at our discretion. If the payment was for an auto-renewal that was not clearly communicated, a refund may be considered.
10.4 When Refunds Generally Do Not Apply: Subject to mandatory law, BrainUp will not refund merely because you no longer want the service, did not use it, or became disappointed after use. For example, no refund for “I changed my mind,” “I didn’t get the job,” “I disliked the template after download,” or “AI result wasn’t what I expected.” We also do not refund for failure to achieve a certain ATS score or employment outcome. Users should review the description of a Premium Service carefully before purchasing.
10.5 Decision: After investigation, BrainUp will notify you of the outcome. If approved, refunds will be processed via the original payment method or as account credit, as permitted by the payment provider and law. Any partial refund or credit amount and timeline will be specified. If denied, BrainUp will explain why (e.g. “no eligible reason found based on records”). BrainUp’s refund decision is final, except for your statutory rights.
10.6 Mandatory Rights: These policies do not override non-waivable consumer rights. In jurisdictions such as the EU or UK, consumers have legal remedies for faulty or non-conforming digital content. BrainUp will comply with such laws (for example, providing repair, replacement, or refund where legally required). If applicable law grants you a right to refund or cancellation (for example, within 14 days of subscription under certain e-commerce rules), that right remains in force.
| Scenario | Possible Outcome |
|---|---|
| Duplicate payment for the same service | Full refund likely after verification |
| Technical error prevented use of service | Possible full or partial refund if error confirmed |
| Unauthorized or fraudulent charge | Refund after validating claim |
| Change of mind (no actual issue) | No refund (service delivered) |
| Forgot to cancel subscription | No refund (cancellation stopped future renewals) |
| Poor AI-generated result | No refund (AI output is provided “as is”) |
| Lower-than-expected ATS score | No refund (scores are estimates, not guaranteed) |
| Violation of Terms (e.g. abuse of service) | No refund; services may be suspended |
(Table: Common refund scenarios and BrainUp’s approach. Not exhaustive.)
11. AI FEATURES
BrainUp’s Service includes AI/machine-learning tools to assist with resume writing and analysis. This may involve using large language models, neural networks, or rule-based algorithms to: generate or improve resume text; summarize or rewrite content; suggest keywords, achievements, or skills; analyze language and formatting; simulate ATS checks; provide grading or scores; or otherwise automate content creation. AI is offered as a suggestion tool only – the final decision and responsibility rests with you.
12. AI OUTPUT DISCLAIMER
AI may be wrong: You acknowledge that AI outputs can be incorrect or misleading. They may contain factual inaccuracies, made-up work history, improper dates, inconsistent formatting, inappropriate tone, biased or stereotypical language, or other errors. AI suggestions might repeat text or use non-unique phrasing. You must carefully review, edit, and verify all AI-generated content. Do not assume AI output is true or factual. BrainUp does not guarantee the accuracy, reliability, or usefulness of any AI Output. Users should independently validate any important information.
No fabrication: BrainUp’s tools can help you articulate your actual experience, but BrainUp does not authorize any false statements. You must not use the Service to invent employment history, credentials, awards, qualifications, or other personal information. Submitting or accepting fabricated data is solely your responsibility. BrainUp is not liable for any consequences of false or misleading User Content (e.g. job rejection, legal issues).
13. ATS SCORES AND ANALYSIS
Any ATS (Applicant Tracking System) compatibility scores or keyword analyses provided by BrainUp are illustrative only. Employers use a variety of private systems and human review. A high or low score on BrainUp does not guarantee a recruiter’s decision. Do not rely solely on any automated score – always tailor your resume for the job.
14. EMPLOYMENT OUTCOMES
BrainUp disclaims any warranty for employment outcomes. Whether you get an interview or job depends on your qualifications, application, interview performance, competition, market conditions, and many factors beyond our control. BrainUp will not be responsible for job rejections, hiring decisions, loss of income, or other career results.
15. USER CONTENT
You are solely responsible for all User Content you provide. You represent and warrant that: (a) you own or have rights to use and upload the content; (b) it is accurate and lawful; (c) it does not infringe any third-party rights (copyright, privacy, confidentiality, etc.); (d) it contains no malware or harmful code; and (e) you will not submit sensitive confidential data (trade secrets, classified information, etc.) to BrainUp unless you have the right to do so.
You grant BrainUp a limited license to use your User Content as needed to operate the Service (store, reproduce, process, display, transmit, backup, modify and analyze). This license is royalty-free and worldwide, but only for purposes of running and improving the Service. BrainUp will not claim ownership of your resumes or personal data.
16. AI PROCESSING OF USER CONTENT
When you use an AI feature, your inputs (resume text, prompts, profile info) are processed by BrainUp’s AI system. BrainUp may use third-party AI providers (cloud ML services) to generate outputs. Your content may be transmitted to servers in other countries where the AI runs. BrainUp employs industry-standard security and contractual measures to protect your data, but you should not send any information that you are not legally permitted to share. The specifics of what data is shared and retained are covered in the Privacy Policy.
17. AI TRAINING AND MODEL IMPROVEMENT
BrainUp may use anonymized or aggregated data (including AI inputs and outputs) to improve its algorithms, subject to applicable law. However, BrainUp will not misuse personal data for training public models without consent. We follow privacy laws in determining whether we can use your data to enhance AI (e.g. obtaining consent where required).
18. PRIVACY AND DATA PROTECTION
BrainUp’s collection and use of personal data is governed by our Privacy Policy. We comply with applicable data-protection laws where we operate. These laws include India’s Digital Personal Data Protection Act 2023 and Rules 2025, the Information Technology Act 2000 (India), the EU’s General Data Protection Regulation (GDPR), the UK Data Protection Act 2018/UK GDPR, and others. We process only data necessary for the Service. Users have rights such as access, correction, deletion, objection, withdrawal of consent, and data portability. Contact our Data Protection or Grievance Officer for exercising these rights or raising concerns.
19. EUROPEAN USERS (EEA/UK) AND GDPR
If you use BrainUp from the European Economic Area, Switzerland, or the UK, additional rights apply. You have the right to: access and obtain a copy of your personal data, correct it, request deletion or restriction, withdraw consent, and receive data in a portable format, among others. BrainUp will process your data only on lawful bases (consent, contract, or legitimate interests with safeguards) as required by the EU/UK GDPR. Where data is transferred outside the EEA/UK, BrainUp will use appropriate safeguards (Standard Contractual Clauses or adequacy measures) as required. These Terms do not reduce any rights granted by mandatory data-protection laws.
20. EU AI ACT AND TRANSPARENCY
BrainUp’s AI features fall under EU Regulation 2021/0106 (the AI Act) where applicable. From 2 August 2026, AI providers must inform users when they are interacting with an AI system, and outputs must be marked as AI-generated in a machine-readable way. BrainUp will provide clear notices (e.g. labels like “AI Assistant” or “Generated by AI”) so that you know when content is AI-derived. We will comply with all specific EU AI Act obligations and guidelines (e.g. human oversight, documentation, etc.) to the extent required. If any AI feature is disallowed for certain users or regions, BrainUp may disable it there.
21. AI AND EMPLOYMENT DECISIONS
BrainUp is intended for individual job-seekers, not for automated hiring decisions by employers. You must not use BrainUp’s AI to make legally binding choices about other people’s employment (hiring, firing, promoting) in violation of anti-discrimination laws. BrainUp’s ATS tools and analysis are for personal use only.
22. INTERNATIONAL USERS
BrainUp is accessible worldwide. You agree to comply with local laws when using the Service. If you are in the EEA, UK, or Switzerland, your personal data may be covered by EU/UK/Swiss law, as noted above. BrainUp may block or restrict features in some jurisdictions if required by law (e.g. where certain AI uses are banned). India’s DPDP Act prohibits processing special personal data (sensitive data) of children without verifiable parental consent; as a precaution, BrainUp does not target minors or collect children’s data knowingly.
23. INTELLECTUAL PROPERTY
All intellectual property of BrainUp (software, code, designs, logos, trademarks, algorithms, templates, graphics, etc.) is owned by BrainUp or its licensors. Except as permitted by law or these Terms, you may not copy, modify, sell, distribute, reverse-engineer, or otherwise use BrainUp’s proprietary materials without permission.
24. RESUME TEMPLATES
BrainUp provides resume templates as part of the Service. Templates remain BrainUp’s property or its licensors’. You may use a template to create your personal resume for professional use. You may not resell or redistribute BrainUp’s templates themselves, or claim ownership of the underlying design assets, except for the final resume you create.
25. AI-GENERATED CONTENT & IP
Content generated by BrainUp’s AI may not be completely unique or free of third-party rights. BrainUp does not guarantee that AI content is original or copyrightable. You should assume that outputs may be reused by others or have inadvertent similarities. It is your responsibility to ensure your final resume does not infringe anyone’s rights. BrainUp disclaims any promise that AI outputs are exclusively yours.
26. PROHIBITED USES
You agree not to use BrainUp to:
- commit any illegal act or facilitate wrongdoing;
- impersonate others or create fraudulent accounts;
- fabricate job qualifications or credentials for fraudulent purposes;
- infringe third-party copyright, trademark, privacy, or other rights;
- submit or upload malware, viruses, or harmful content;
- attempt to gain unauthorized access to BrainUp’s systems;
- scrape data or reverse-engineer the Service;
- evade usage limits by creating multiple accounts;
- sell or redistribute BrainUp’s features or content without authorization;
- abuse the free features (e.g. use bots to auto-create thousands of resumes);
- use BrainUp for improper AI training data extraction;
- overload or attack the Service (DDoS, brute force, etc.);
- discriminate unlawfully (e.g. hiring decisions based on protected characteristics);
- use the Service to produce illegal or regulated content (hate speech, instructions for wrongdoing, etc.);
- use BrainUp to process data you are not permitted to process;
- violate any export or sanctions laws.
If you engage in prohibited behavior, BrainUp may immediately suspend or terminate your access without refund.
27. SECURITY
You must not attempt to hack, probe, or penetrate BrainUp’s systems. Aggressive security testing without consent is prohibited. If you discover vulnerabilities, you must notify BrainUp and not exploit them.
28. ACCOUNT SECURITY
If you create an account, keep your password and login details secure. You are responsible for all activity under your account. Notify us immediately of any unauthorized use. BrainUp is not liable for losses from your account’s unauthorized use if you failed to take reasonable security measures.
29. THIRD-PARTY SERVICES
BrainUp relies on third parties (e.g. cloud hosting, payment processors, AI providers, analytics). These Third-Party Services have their own terms and privacy practices. BrainUp does not control them and is not responsible for their performance or policies. If a critical Third-Party Service fails, a BrainUp feature may be affected (e.g. payment failure if card processor is down).
30. LINKS TO THIRD-PARTY WEBSITES
The Service may include links to other websites or resources. These are for your convenience and are not under BrainUp’s control. BrainUp does not endorse or assume liability for third-party content or practices. Visiting any external site is at your own risk.
31. SERVICE AVAILABILITY
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. BrainUp does not guarantee that the Service will be error-free, always available, or meet any specific need. There may be downtime for maintenance, updates, or unplanned outages. BrainUp is not liable for any loss caused by such interruptions.
32. DATA LOSS
Although we aim to preserve your data, no system is infallible. You are strongly advised to keep your own backups of important resumes. BrainUp is not responsible for any loss of content from your account or local storage, except as required by law.
33. BETA FEATURES
BrainUp may offer beta or experimental features. These may change or be discontinued at any time without notice. Beta features are provided “as is” without warranties.
34. CONTENT MODERATION
BrainUp may monitor or review content at its discretion. We may remove, restrict, or refuse any content that violates these Terms or applicable law (copyright infringement, illegal content, etc.). BrainUp is not obligated to monitor user content continuously, but reserves the right to do so.
35. LEGAL REQUESTS AND GOVERNMENT ORDERS
BrainUp may be required by law to disclose information or disable accounts. If valid legal process (court order, law enforcement request, regulatory requirement, etc.) is served, BrainUp may disclose relevant data or take action. We will notify you about such requests if legally permitted.
36. SUSPENSION AND TERMINATION
BrainUp may suspend or terminate your access, in whole or part, at any time for reasons including: violation of these Terms, suspected fraud or abuse, security risk, unlawful conduct, non-payment, or if required by law. Suspension may be immediate; termination may involve deletion of your content per our Privacy Policy. We may also discontinue the entire Service or portions of it. Termination does not relieve you of obligations (for example, payment of outstanding fees remains due) nor does it remove restrictions (like IP protection or liability caps) that should survive.
37. EFFECT OF TERMINATION
Upon termination, your right to use the Service ends. You may lose access to Premium features and some data may be deleted (subject to our Privacy Policy and any legal retention requirements). BrainUp will typically retain your content for a period in case of account reactivation or legal needs, then delete it. Any licenses granted to you hereunder terminate. You should export any important data before termination.
38. DISCLAIMER OF WARRANTIES
To the fullest extent allowed by law, BrainUp disclaims all warranties. The Service is provided “AS IS” and “AS AVAILABLE.” BrainUp makes no warranties (express, implied or statutory) about performance, uptime, accuracy, merchantability, fitness for a particular purpose, non-infringement, or otherwise. Some jurisdictions do not allow certain disclaimers, so they may not fully apply to you.
39. NO PROFESSIONAL ADVICE
The Service and content (including resume advice, AI suggestions, guides, or any informational material) are for informational purposes only. Nothing on BrainUp should be taken as legal, financial, tax, immigration, employment, or professional advice. You should consult a qualified professional for personalized advice when needed.
40. LIMITATION OF LIABILITY
To the maximum extent permitted by law, BrainUp and its officers, directors, employees, affiliates, and suppliers will not be liable for any indirect, incidental, special, or consequential damages, including lost revenue, profits, or data, arising out of or in connection with the Service. Our aggregate liability for direct damages in any 12-month period is capped at the amount you paid us for the relevant service during the 12 months before the claim arose. This limitation applies regardless of the theory of liability (contract, negligence, etc.), except where prohibited by law. This clause does not exclude liability for fraud, gross negligence, or other liabilities that cannot be excluded under applicable law.
41. CONSUMER RIGHTS
If you are a consumer (individual not using the Service for business), you may have additional rights under local law. Consumer protection laws in the EU, UK, India and other jurisdictions often provide non-waivable rights. For example, in the UK/EU a digital content provider must offer remedies if a service is faulty. Such statutory rights prevail over any conflicting term here. Nothing in these Terms is intended to exclude rights you have as a consumer that cannot be contractually waived.
42. INDEMNIFICATION
You agree to indemnify and hold harmless BrainUp and its representatives against any claims, damages, losses or expenses (including legal fees) arising from: your use of the Service; your violation of these Terms; or your infringement of others’ rights (privacy, IP, etc.). This obligation survives termination.
43. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of India. Any disputes will be resolved in the courts of [Delhi, India] or through arbitration in [Delhi, India], unless local law requires otherwise. However, if you reside in a jurisdiction (like the EU or UK) that guarantees different consumer or data protection rules, those laws will apply to the extent mandatory. For example, an EU consumer may bring action in their local courts under EU regulations. This section does not waive your rights under EU law or other applicable law.
44. CHANGES TO TERMS
BrainUp may update these Terms from time to time (e.g. when introducing new features or to comply with new laws). If changes are material, we will provide notice (email or website notification) or require consent where required by law. Continued use of the Service after changes means you accept the new Terms. Always check the “Last Updated” date at the top.
45. CONTACT INFORMATION
For questions, support, or to exercise your rights, contact: contact@brainup.in or contact@velqonix.in. For privacy or data issues, use the contact in our Privacy Policy.
Please keep a copy of these Terms for your records.
Tables
| Risk/Concern | BrainUp’s Mitigation Measures |
|---|---|
| AI output inaccuracies or fabrications | User must verify and edit content. Terms explicitly disclaim AI reliability. |
| User data privacy breaches | Data encrypted in transit; we use secure processors; privacy policy outlines measures. DPDP/GDPR compliance and data rights. |
| Unauthorized account access | Two-factor authentication recommended; user responsible for password. BrainUp monitors suspicious login attempts. |
| Resume content plagiarism | Users must supply authentic info; BrainUp’s tools avoid direct copying from proprietary sources. |
| Fraudulent payments or chargebacks | Verification of requests; BrainUp investigates and charges back fraud to user if warranted. |
| Service downtime or technical failures | Scheduled maintenance communicated; redundant systems; BrainUp disclaims “as is” availability. |
| Infringement of third-party IP | Templates and content are license-compliant; plagiarism check recommended for user. |
| Data loss (no-account users) | Notice given in Privacy Policy; advise users to back up local data. |
| Regulatory non-compliance (e.g. GDPR/DPDP) | BrainUp implements compliance policies, appoints DPO/Grievance Officer, provides user rights and notices. |
(Table: Examples of risks and how BrainUp addresses them. Not exhaustive.)
| Jurisdiction | Key Laws | Requirements/Obligations |
|---|---|---|
| India | Digital Personal Data Protection Act 2023/Rules | Obtain verifiable consent; allow rights to access, correction, erasure; publish Grievance Officer contact; breach notifications. |
| Consumer Protection Act, 2019 | Goods and services must be of merchantable quality; rights to remedy (replacement/refund) for digital faults. | |
| European Union (EEA) | GDPR; EU AI Act (Regulation 2021/0106) | Data subjects’ rights (access, deletion, etc.); lawful basis for processing; cross-border transfer safeguards. |
| AI Act: Inform users when interacting with AI; label AI-generated outputs. | ||
| United Kingdom | UK GDPR; Data Protection Act 2018; Consumer Rights Act 2015 | Similar to EU: user data rights, transparency, lawful processing. Digital content must be of satisfactory quality; remedies for defects (repair or refund). |
| International | Varies (e.g. Swiss DPA, other consumer laws) | BrainUp monitors laws in key markets; currently adheres to EU/UK/India as above. Users responsible for compliance with local laws. |
(Table: Key laws and obligations by region. This is a summary; BrainUp complies with applicable local requirements.)
Refund Investigation Flowchart
flowchart LR
A[User submits refund request] --> B[BrainUp logs request and acknowledges]
B --> C[Preliminary review (1–2 business days)]
C --> D[Full investigation: check transaction & usage]
D --> E{Valid reason identified?}
E -->|Yes| F[Approve refund or credit]
E -->|No| G[Deny refund request]
F --> H[Process refund/credit to user (if applicable)]
G --> I[Notify user of decision]
H --> J[Close case]
I --> J[Close case]
Figure: BrainUp’s refund investigation process and timeline (approximate). Each step is documented and the final decision communicated to the user.
Legal Review Checklist
- Eligibility & Age: Verify minimum age, parental consent for minors if needed (DPDP protects children’s data).
- Pricing & Subscriptions: Ensure compliance with e-commerce rules (clear renewal/cancellation terms, disclosure of recurring charges).
- Refund Policy: Align with consumer protection laws (e.g. EU Directive on digital content, UK Consumer Rights Act). Confirm process and timelines are reasonable.
- Data Protection: Check GDPR/UK-GDPR/Data Protection Act compliance (legal bases, data subject rights, DPO or EU Rep details if needed, cross-border transfers). Confirm DPDP compliance (consent form, DPO if significant, breach notification procedures).
- AI Regulations: Ensure compliance with EU AI Act (Article 50) - user notices and output labeling. Review any classification (likely “high-risk”?), documentation.
- Intellectual Property: Verify license grants/limitations (user vs. BrainUp rights) are clear and lawful.
- Limitations and Disclaimers: Confirm disclaimers do not attempt to exclude mandatory warranties or liabilities that consumer law forbids.
- Jurisdiction: Review governing law and dispute clauses. Ensure consumer rights (where user is protected party) are not unwittingly waived.
- Content Restrictions: Confirm prohibited content list covers illegal and regulated use cases.
- Liability Cap: Check that liability cap (paid amount in 12 months) is enforceable and carved out for mandatory exceptions.
- Privacy Policy Link: Ensure Terms refer to Privacy Policy for data details and provide any required notices (cookies, AI usage) per applicable law.
This checklist is for guidance; consult a qualified lawyer to tailor these Terms to all legal requirements in India, the EU/UK, and other target markets.
Sources
- BrainUp Terms and Privacy (as of Jun 2025)
- EU AI Act (Regulation 2021/0106), Article 50
- GDPR/DPDP Act summaries
- UK/EU consumer rights (Consumer Rights Act, Digital Content Directive)
- General legal analysis and guidelines on refund rights and AI transparency