TheBrain License Agreement
Effective June 23, 2026
Welcome to TheBrain, the digital home for your mind.
Please read this document carefully before continuing. If you do not agree to accept the terms of this agreement, you must not proceed to use or install the software.
This End-User License Agreement ("Agreement") is a legal agreement between you ("you" or "User"), including any company or enterprise you represent, and TheBrain Technologies LP ("TheBrain"), located at 11522 W Washington Blvd, Los Angeles, California, USA, with contact details at +1-310-751-5000 and support@thebrain.com, regarding your use of TheBrain software applications and the web service at https://app.thebrain.com (collectively, "Software"). This Agreement governs your use of the Software on all platforms and any accompanying documentation, together with the optional paid online Services described below. This Agreement is between you and TheBrain, not any third party, including Apple Inc. ("Apple"), and TheBrain, not any third party, is solely responsible for the Software and its content. Questions, complaints, or claims regarding the Software should be directed to TheBrain at the contact information provided herein.
This agreement permits you to (i) download, install, and use the Software free of charge, with all features included and no expiration, for both personal and commercial purposes; and (ii) optionally subscribe to one or more of TheBrain's paid online Services (such as Pro Service, TeamBrain, and Max Service) that add online capabilities including cloud sync, expanded AI assistance, additional storage, and team collaboration.
The Software is free for everyone. No purchase is required to use the Software and all of its features. TheBrain's paid Services are optional and provide the online capabilities described above; they are subject to the plan limits, allowances, and pricing in effect for the Service you select.
The software and its accompanying documentation are protected by United States and international copyright law, trademark law and international treaty and may be the subject matter of patents and pending patents. Unauthorized reproduction or distribution of the software and related documentation may result in civil and/or criminal penalties.
Based on the foregoing and other good and valuable consideration, you agree:
1. LICENSE GRANT. Subject to the restrictions below, TheBrain grants you a non-exclusive, non-transferable license ("License") to install and use the Software, free of charge, on any number of devices that you own or control, for both personal and commercial purposes. Your use of any Paid Service is additionally subject to the plan limits and terms in effect for the Service you select. You must reproduce on all copies of the Software the copyright, trademark, and patent notices and other proprietary legends that appear on the original copy of the Software. If you are using the Software on an Apple-branded product, this License is limited to a non-transferable license to use the Software on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, and may be accessed via Family Sharing or volume purchasing where applicable.
2. FREE USE AND PAID SERVICES. The application is provided free of charge, with all of its application features included, for both personal and commercial use, and does not expire. TheBrain's optional online server functionality is referred to in this Agreement as the "Cloud Services," and the paid subscription tiers (such as Pro Service, TeamBrain, and Max Service) are referred to as the "Paid Services." The Cloud Services include both free allowances and Paid Service tiers. The free allowance of Cloud Services is limited — for example, in the amount of synced content, attachment storage, and AI usage — and use beyond those free allowances requires a Paid Service. Other online capabilities, including expanded AI assistance and team collaboration, likewise require a Paid Service. Plan features, allowances, and pricing are described at the point of purchase and may change from time to time. Technical support is provided as part of the applicable Paid Service. This version of the Software is, and will remain, free of charge. TheBrain reserves the right to develop and offer other or future software, products, editions, or services for which it may charge a fee, and nothing in this Agreement obligates TheBrain to provide any such future offering free of charge.
3. ACCOUNT AND SUBSCRIPTION. The Software may be used free of charge without an account. To subscribe to a Paid Service, select the "Upgrade" command in the Software and sign in using your Brain account. An Internet connection is required to create or access your account and to use the Cloud Services. Your login information is for your use only. You agree not to disclose your login information or otherwise share your Brain account with any other person under any circumstance, except as expressly permitted by a multi-user Service such as TeamBrain.
4. BILLING, RENEWAL, AND CANCELLATION. Paid Services are offered on a subscription basis and are billed in advance on a recurring monthly or annual basis, depending on the billing cycle you select. By subscribing to a Paid Service, you authorize TheBrain (or the app store or payment processor through which you subscribe) to charge the applicable fees, plus any taxes, to your payment method on each renewal date. Unless you cancel before the end of the current billing period, your subscription will automatically renew for a further period of the same length, and your payment method will be charged the then-current renewal price. TheBrain will provide any advance renewal notice required by applicable law. You may cancel a subscription at any time through your Brain account settings or, if you subscribed through an app store, through that app store's subscription-management tools. Cancellation takes effect at the end of the current billing period, and you will retain access to the Paid Service until then. Except where required by law, fees already paid are non-refundable and partial billing periods are not refunded. If you purchased through a third-party app store, that store's billing, renewal, and refund policies also apply.
5. NO IMPLIED LICENSE. You acknowledge that this License in no way shall be construed to provide an express or implied license to use, modify or improve any of TheBrain's copyrights, trademarks, trade secrets and/or patents.
6. RESTRICTIONS. Software contains proprietary information, which is protected by a combination of copyright, trademark, patent, trade secret and/or other proprietary rights, and constitutes valuable property of TheBrain. You acknowledge that Software is disclosed to you only for purposes consistent with the terms and conditions of this License and that you do not acquire any rights of ownership or title in Software. You may not (i) translate, modify, disassemble, decompile, reverse-engineer, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, or structure of the Software, except to the limited extent this prohibition is expressly prohibited by applicable law; (ii) rent, lease, loan, sell, sublicense, grant a security interest in, distribute or otherwise transfer Software to any third party; (iii) make any copy of Software except as permitted under Section 1 of this agreement; (iv) create derivative works of Software, except in accordance with this Agreement; (v) attempt to or help others to circumvent the License and/or activation process; (vi) remove any logo, copyright, patent, trademark or other proprietary notice or label from Software, information exported by Software, or any accompanying documentation or materials; or (vii) develop, operate, distribute, or assist any third party in developing, operating, or distributing any software, server, or service that provides, replicates, emulates, or substitutes for the synchronization, cloud storage, sharing, or backup functions of the Cloud Services, or that connects to, interoperates with, or accesses the Cloud Services other than through the Software as supplied by TheBrain and in accordance with this Agreement; including, without limitation, by using any information, know-how, trade secrets, protocols, interfaces, or data formats obtained from the Software for such purpose. You must comply with applicable third-party terms of agreement when using the Software.
7. OWNERSHIP. TheBrain owns all right, title and interest in and to all Intellectual Property Rights subsisting in Software and all portions thereof. For purposes of this Agreement, "Intellectual Property Rights" means any and all rights affecting intellectual or industrial property existing now or in the future in the United States or anywhere in the universe. Intellectual Property Rights include, without limitation, any and all rights (i) under the laws of copyright, patent, trade secret, trademark, trade dress, unfair competition, "droit moral" or moral rights, or other similar laws; (ii) of publicity or privacy; (iii) relating to the development and use of databases, or know-how; and (iv) subsisting in any and all applications, registrations, renewals, extensions, restorations, continuations, divisionals, or foreign counterparts of any of the foregoing. TheBrain is a registered trademark of TheBrain Technologies LP. Unauthorized copying of Software will cause TheBrain great and irreparable harm. TheBrain is entitled to receive immediate equitable relief from any court of competent jurisdiction to prevent or stop your threatened or actual infringement of any of those rights. In the event of any third-party claim that the Software or your possession and use of the Software infringes that third party's intellectual property rights, TheBrain, not any third party, including Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
8. MAINTENANCE SERVICES. Technical support is provided as part of TheBrain's Paid Services, and the level of support depends on the Service you subscribe to. Updates to the Software may be made available from time to time at TheBrain's discretion. TheBrain is solely responsible for providing any maintenance and support services for the Software as outlined in this Agreement. If you are using the Software on an Apple-branded product, you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
9. CLOUD SERVICES.
The Cloud Services are optional online services that allow you to sync, back up, share, and manage your content across multiple devices. While the Cloud Services enhance your ability to access and interact with your data, they are not required; the Software functions fully on your local device without sending any data to the cloud unless you direct it to upload your content.
By submitting content to the Cloud Services (via the Software or any other means), you grant TheBrain a non-exclusive, royalty-free, worldwide license to host, store, copy, transmit, and display the content solely as necessary to operate and provide the Cloud Services to you and, for content you choose to make public or share, to display that content to the people and audiences you select. You represent and warrant that you have all necessary rights to submit the content to the Cloud Services and to grant the license set forth in this section.
TheBrain reserves the right, at its sole discretion, to terminate your access to the Cloud Services and remove your content for any reason, including but not limited to violations of the following guidelines:
You may not submit content that: (i) Infringes on the rights of others, including intellectual property rights; (ii) Is false or misleading, defamatory, pornographic, contains graphic violence, is sexually explicit, excessively violent, obscene, or otherwise inappropriate; (iii) Invades another's privacy; (iv) Promotes bigotry, racism, hatred, or harm against any individual or group; (v) Contains viruses, trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property; (vi) Promotes, supports, or glorifies terrorism, organized crime, or any illegal activities.
You may not: (i) Use the Cloud Services in a way that causes excessive use of bandwidth, as determined solely at the discretion of TheBrain; (ii) Attempt to disrupt or otherwise harm the Cloud Services, its computer systems, or network; (iii) Attempt to gain access to information which is not intended for your use; (iv) Attempt to reverse engineer, decompile, disassemble, or copy any software used or provided by TheBrain in connection with the Cloud Services; (v) Use the Cloud Services to send unsolicited messages, advertisements, or engage in any form of spamming; (vi) Use the Cloud Services as a general-purpose file host, content-distribution network, or data store unrelated to your ordinary use of the Software, or store, sync, or transfer data in volumes, file counts, or amounts that TheBrain determines, in its sole discretion, to be excessive; (vii) Access or use the Cloud Services by means of any bot, script, scraper, or other automated process, create or operate multiple or automated accounts, or otherwise place an unreasonable or disproportionate load on TheBrain's systems.
TheBrain may, in its sole discretion and with or without notice, suspend, throttle, limit, or terminate your access to all or any part of the Cloud Services, and remove or disable access to any content, for any reason, including suspected violation of these guidelines or any other conduct TheBrain determines to be abusive, unlawful, or harmful to TheBrain, its users, or its systems. These guidelines apply to both the free and Paid Services. TheBrain will have no liability to you for any such action, and no fees are refundable on account of a suspension or termination resulting from your violation of this Agreement.
10. AI FEATURES. The Software and Paid Services may include features that use artificial intelligence and machine learning ("AI Features"), including the Cerebro AI assistant. To provide AI Features, content you choose to submit to those features may be transmitted to and processed by TheBrain and, where applicable, by third-party AI service providers acting on TheBrain's behalf. You are not required to use AI Features. AI Features are provided on an "AS IS" basis. Output generated by AI Features may be inaccurate, incomplete, or otherwise unsuitable for your purposes, and you are responsible for evaluating and verifying any AI output before relying on it; AI output is not a substitute for professional advice. AI usage may be subject to allowances that vary by Service tier, as described at the point of purchase.
11. DISCLAIMER OF WARRANTIES. All products and services relating to this Agreement ("Offerings") including, without limitation, Software, TheBrain's Web site, and Maintenance Services are provided "AS IS," without warranty of any kind. TheBrain expressly disclaims any and all warranties, express or implied, regarding software, including but not limited to any implied warranties of design, merchantability, fitness for a particular purpose, or title, any warranties arising from a course of dealing, usage, or trade practice, or any warranties of non-infringement of any third party's patent(s), trade secret(s), copyright(s) or other intellectual property rights. TheBrain disclaims any express or implied warranty of fitness for such uses. TheBrain does not warrant that the functions contained in software will meet your requirements, or that the operation of software will be uninterrupted or error-free, or that defects in software will be corrected. Furthermore, TheBrain does not warrant or make any representations regarding the use or the results of the use of software in terms of its correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by TheBrain or TheBrain's authorized representative shall create any warranty or in any way increase the scope of this warranty. Should software prove defective, you (and not TheBrain or TheBrain's authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some states do not allow exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. If you purchased the Software via the Apple App Store and it fails to conform to any applicable warranty, you may notify Apple for a refund of the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation, and TheBrain is solely responsible for any further claims related to warranty failures.
12. PRODUCT CLAIMS. You and TheBrain acknowledge that TheBrain, not any third party, including Apple, is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
13. LEGAL COMPLIANCE. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
14. THIRD PARTY BENEFICIARY. If you are using the Software on an Apple-branded product, you and TheBrain acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
15. LIMITATION OF LIABILITY. Under no circumstances, including negligence, shall TheBrain be liable for any lost revenue or profits or any incidental, indirect, special, or consequential damages that result from the use or inability to use software or any services relating to this agreement regardless of the foreseeability of those damages and even if TheBrain or TheBrain's authorized representative has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you. In no event shall TheBrain's total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, exceed the greater of (i) the total amounts you paid to TheBrain for the Paid Services during the twelve (12) months immediately preceding the event giving rise to the claim, or (ii) fifty U.S. dollars (US$50).
16. PRIVACY. TheBrain may collect information ("Consumer Information") about visitors to its Web site and their activities while visiting the Web site. TheBrain may use your Consumer Information to improve your experience with the Web site and TheBrain products and services. TheBrain will not disclose or sell your Consumer Information to any third party. TheBrain, however, may use your Consumer Information in the aggregate to compile demographic information for potential customers, business partners and advertisers. Software may initiate contact with TheBrain through the Internet from time to time to check for updates and to enable the online Services if you subscribe to one. During checks for updates, Software may submit the following information about your use of the Software: (i) what version you are using, (ii) how long it has been installed, (iii) statistics about the usage of various features of the Software. TheBrain will use this information exclusively for the purpose of improving its products. Except for the purpose of enabling the online Services, no personally identifying information will be sent. TheBrain's handling of content you upload to the Cloud Services and of data processed by AI Features — including how long it is retained, the limited circumstances in which it is shared with service providers, and how it is deleted when you delete content or close your account — is described in TheBrain's privacy policy. Depending on where you live, you may have rights to access, correct, export, or delete your personal data; the privacy policy explains how to exercise them. For more information on TheBrain's privacy policy, please see https://thebrain.com/privacy.
17. TERMINATION. This Agreement will commence upon installation of Software. Your rights under this agreement will immediately and automatically terminate upon your breach of any provision of this Agreement, at which time you must return to TheBrain or destroy all copies of Software in your possession.
18. GOVERNMENT END USERS. The Software is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202. The Software was developed exclusively at private expense, and no part of the Software was first produced in the performance of a United States Government contract. Consistent with FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, U.S. Government end users acquire the Software (i) only as a commercial item and (ii) with only those rights granted to all other end users under this Agreement. Unpublished rights are reserved under the copyright laws of the United States.
19. GOVERNING LAW. This Agreement and any claim or cause of action arising under or related to this Agreement in any way shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. In connection with any claim or cause of action that arises under or is related to this Agreement in any way, you hereby consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County of the State of California. Nothing in this Agreement deprives you of the protection of any mandatory consumer-protection laws or other non-waivable rights, or of the right to bring proceedings in the courts, of the country or state in which you reside, to the extent those rights apply to you and may not be waived by agreement.
20. SEVERABILITY. To the extent that any of the provisions of this Agreement, or any word, phrase, clause, or sentence thereof, is found to be illegal or unenforceable for any reason, that provision, word, phrase, clause, or sentence will be reformed or deleted only to the extent necessary to make this Agreement as reformed legally enforceable. That reformation or deletion will not affect the balance of the provisions or parts of this Agreement, which are to be construed as severable and independent.
21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, and supersedes any and all written or oral agreements previously existing between the parties with respect to such subject matter, except that, if you previously purchased a perpetual license to TheBrain software (including any "Pro" or "Pro Combo" license), the license terms in effect at the time of that purchase continue to govern your use of the version you purchased, and your acceptance of this Agreement does not waive or revoke those previously acquired rights. No delay on the part of TheBrain in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any waiver on the part of TheBrain of any right preclude any other or further exercise of any right under this Agreement.
22. THIRD PARTY COMPONENTS. Software from third party organizations is included with Software and is subject to the additional provisions outlined in the respective sections of the "Third Party Notices" document which can be viewed from the "About" dialog of the Software.
23. AGREEMENT REVISIONS. The most recent version of this Agreement can be found at https://thebrain.com/eula. TheBrain reserves the right to modify this Agreement at any time. Any modifications shall become effective immediately upon the posting of the revised Agreement at the aforementioned URL. We may, but are not obligated to, notify you of significant changes by sending an email to the address associated with your account or by displaying a notice within the Software. It is your responsibility to review the Agreement periodically for updates. If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop using the Software. Your continued use of the Software following the posting of modifications will constitute your acceptance of the revised Agreement.
By installing and/or using the software, you acknowledge that you (i) have read this agreement, understand it, (ii) have all right, power and authority to bind yourself, including your company or enterprise to it, and (iii) agree to be bound by its terms and conditions.