BRAIN-HR · LEGAL & SLA FRAMEWORK

Terms of Service for Software, SaaS, AI Credits & Support

Valid as of November 2026 · Binding framework for all BRAIN-HR Software Suites (L&D Apps & Science Apps)

Language Notice & Quick Summary: This English version is provided for convenience; the German original is legally binding. By purchasing or activating a BRAIN-HR software license or credit package, you confirm that you act in a commercial, self-employed, academic, or institutional capacity (§ 14 BGB) and accept our structured Ticket-Only Support Regime (/en/support), the monthly/annual quota rules, and the strict exclusion of clinical or medical diagnostic use.

§ 1 Provider, Scope & B2B / Academic Restriction

(1) The provider is Dr. rer. medic. Franz Hütter, M.A. / BRAIN-HR, Am Schlagbaum 1, 58285 Gevelsberg, Germany ("Provider").

(2) These Terms apply to all software applications, SaaS platforms, license passes, and AI credit packages provided by BRAIN-HR, in particular: Evidence Check, BRAIN-HR Learning Design Studio, BRAIN-HR LMS (Learning Space), MetaAnalysis Studio, Encephalon Studio, and SNP Browser (Research Use Only — RUO).

(3) Exclusively for Business, Professional & Academic Users (§ 14 BGB): All software products and licenses are offered exclusively to businesses, corporations, self-employed professionals (trainers, consultants, coaches, physicians), universities, research institutes, and public-law entities within the meaning of § 14 of the German Civil Code (BGB). Conclusion of contracts with consumers (§ 13 BGB) for professional software licenses is excluded; for the SNP Browser (RUO), verifiable scientific qualification is additionally required prior to activation.

§ 2 Hybrid Licensing Model: Monthly/Annual Tariffs & Top-Up Credits

(1) BRAIN-HR software is licensed in two combinable forms according to the product description at checkout:

Time-Based Tariffs (Monthly = 30 days / Annual = 365 days): Grant access for the booked term and number of seats (`Starter`, `Pro`, `Team/Institute/Corporate`) including a defined monthly AI action quota (`license_usage_reset = monthly`). Included monthly quotas apply per calendar month and reset on the first day of each month without carrying over unused monthly units.
On-Demand Top-Up Packages (Extra Credits): Priced above the unit rate of recurring tariffs to cover peak project demand. Top-Up credits do not expire during an active account relationship (`license_is_lifetime = True`) and are consumed only after the included monthly quota has been exhausted (or in standalone pay-as-you-go mode).

(2) Manual workspaces explicitly marked as free on the product page (such as the manual 3-Column Board and scheduler in the Learning Design Studio, or the R compute kernel and export functions in MetaAnalysis Studio during an active plan) do not consume AI credits.

§ 3 Contract Conclusion, License Code & Fair Use

(1) By clicking the order button and accepting these Terms via the mandatory checkout checkbox, the Customer submits a binding offer. Access is granted via an electronic license code (`brainhr_licensing`) upon payment or invoice confirmation.

(2) License codes are confidential and bound to the agreed maximum number of concurrent seats/installations (`seats_max`). Automated scraping, API abuse, or reselling of access is prohibited.

§ 4 Availability, Third-Party Databases & AI Output Responsibility

(1) The Provider targets an annual average platform availability of 98.0% excluding scheduled maintenance windows and factors outside the Provider's control.

(2) External Scientific Databases & LLM Providers: Several tools query external scientific repositories (e.g., OpenAlex, PubMed, Crossref, Semantic Scholar, Europe PMC, ClinicalTrials.gov) and frontier language models in real time. The Provider does not warrant the uninterrupted availability, rate-limit freedom, or completeness of third-party APIs.

(3) Human-in-the-Loop Obligation: All AI-assisted syntheses, screenings, construct translations, course drafts, and statistical outputs are decision-support drafts for qualified professionals. The Customer bears sole professional responsibility for verifying results against primary sources before publication, training rollout, or procurement decisions.

(4) Strict Exclusion of Clinical & Medical Use (RUO): None of the BRAIN-HR software products are medical devices or in-vitro diagnostic devices (IVDR (EU) 2017/746). In particular, SNP Browser (RUO), Encephalon Studio, and MetaAnalysis Studio must never be used for clinical primary diagnosis, treatment decisions, surgical navigation, or direct-to-consumer genetic advice.

§ 5 Support Regime, Service Levels (S1–S3) & Ticket-Only Channel

(1) To ensure high software quality at fair license rates, technical support is provided exclusively asynchronously via the structured online Ticket Portal at https://brain-hr.com/en/support ("Ticket-Only Clause"). Support requests sent via telephone, messenger, social media (LinkedIn), or unstructured email do not trigger any response or rectification obligations.

(2) Self-Service Prerequisite: Before submitting a ticket, the Customer must consult the public online manuals, product videos, and integrated in-app AI guides. Every ticket must include the license/order number, affected product, and reproducible steps.

(3) Three-Tier Service Level Classification (Business Hours: Mon–Fri 09:00–17:00 CET, excluding public holidays in NRW, Germany, and announced company holidays):

Severity Level	Definition	Target Response & Resolution Path
S1 · Critical Outage	Complete platform unavailability or failure of license activation for all users.	Initial investigation within 24–48 business hours (2–3 business days); prioritized restoration.
S2 · Reproducible Core Bug	A documented core function produces a reproducible technical error despite valid input.	Verification and provision of a workaround or code fix within the regular release cycle (typically 5–10 business days).
S3 · Usage Questions, Methodology & Feature Wishes	Questions on how to operate features, statistical/didactic methodology, styling details, or feature requests.	Covered by self-service manuals and in-app AI guides. Feature wishes are logged for future roadmaps; no entitlement to individual replies, free coaching, or custom development.

(4) Individual methodological, statistical, didactic, or IT consulting is not included in software licenses and can be booked separately as a paid advisory mandate (Scientific Advisory).

§ 6 Warranty & Rectification (B2B)

(1) The Provider warrants that the software substantially conforms to the product description during the booked term. Insignificant deviations or changes in third-party literature indices do not constitute defects.

(2) In the event of a reproducible material defect (S1/S2) reported via the Ticket Portal, the Provider shall remedy the defect within a reasonable period by patch, update, or workaround. Strict no-fault liability for initial defects (§ 536a (1) Alt. 1 BGB) is excluded.

§ 7 Liability Limitation

(1) The Provider is liable without limitation for intent, gross negligence, and injury to life, body, or health.

(2) For slight negligence, the Provider is liable only for breaches of essential contractual obligations (cardinal duties), limited to the foreseeable, contract-typical damage, and capped at the total license fees paid by the Customer for the affected product in the twelve (12) months preceding the event.

§ 8 Data Protection, Governing Law & Venue

(1) Data processing takes place on servers in Germany (EU) or locally in the Customer's browser/workstation (Zero-Upload for Encephalon MRI viewer and SNP Browser RUO). Where required under Art. 28 GDPR, a Data Processing Agreement (AVV) is provided.

(2) German law applies excluding the CISG. Exclusive place of jurisdiction for all disputes with business, institutional, or public-law customers is the Provider's registered office (Gevelsberg / Hagen, Germany).