Terms of Service
Rules and conditions governing the use of Brain Whats software and services
Last updated: December 2025
Table of Contents
Introduction
Service Overview
User Obligations
AI Features and Limitations
Platform Availability
Account Suspension and Termination
Cookies
Intellectual Property
Restricted Uses and Industries
Disclaimer and Limitation of Liability
1. Introduction
Welcome to Brain Whats.
These Terms of Service govern your access to and use of the Brain Whats website and AI powered messaging automation platform, operated by MISS KAYA LLC, accessible at https://brainwhats.com/.
By accessing or using our services, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not use Brain Whats.
2. Service Overview
Brain Whats provides software tools that help businesses automate and manage customer conversations on supported messaging platforms, including WhatsApp Business.
Our services may include:
AI assisted chatbot responses
Automated message flows and notifications
Customer inquiry and lead handling
Integration with supported e commerce and business platforms
Analytics and conversation insights
Brain Whats provides software only and does not guarantee specific business results, customer responses, or revenue outcomes.
3. User Obligations
Acceptable Use
You agree to use Brain Whats responsibly and in compliance with all applicable laws and platform policies. You must not use the service to:
Send unsolicited or spam messages
Harass, threaten, or deceive individuals
Misrepresent your identity or affiliation
Collect personal data without proper consent
Distribute misleading, fraudulent, or harmful content
Interfere with or attempt to compromise system security
Engage in illegal or unauthorized activities
Account Security
You are responsible for:
Maintaining the confidentiality of your login credentials
All activity conducted under your account
Notifying us promptly of unauthorized access
Messaging Platform Compliance
When using Brain Whats with WhatsApp or other supported platforms, you are responsible for complying with all applicable third party policies, including but not limited to:
WhatsApp Business Messaging Policies
Meta platform terms
Local and international data protection laws
Brain Whats does not control third party approval processes or enforcement actions.
Content Responsibility
You remain fully responsible for:
Message content sent through the platform
Obtaining customer consent where required
Compliance with privacy and consumer protection laws
Any claims or disputes arising from your communications
4. AI Features and Limitations
Important Notice About AI
Brain Whats includes AI assisted features designed to support customer communication. These features are provided on an “as is” basis and may produce incorrect, incomplete, or unintended responses.
No Accuracy Guarantee
AI generated outputs:
May contain errors or outdated information
May misunderstand context or intent
Are generated statistically, not through human reasoning
Human Oversight Required
You acknowledge that:
AI outputs should be reviewed when appropriate
AI is not a replacement for professional judgment
Sensitive or critical conversations should involve human agents
Brain Whats provides tools for human handoff and manual review.
Learning and Adaptation
AI performance may improve over time based on usage patterns and feedback, but no specific improvement level or outcome is guaranteed.
5. Platform Availability
Service Access
While we aim to maintain reliable service, Brain Whats does not guarantee uninterrupted availability.
Service interruptions may occur due to:
Maintenance or system updates
Technical issues
Third party service disruptions
Events beyond our reasonable control
Usage Limits
Certain features may be subject to:
Message volume limits
API rate limits
Storage or usage caps based on subscription plan
6. Account Suspension and Termination
Our Rights
We may suspend or terminate your access without prior notice if:
These Terms are violated
The service is used in a prohibited or harmful manner
Payment obligations are not met
Required by law or platform policies
Your Rights
You may cancel your subscription at any time through your account or by contacting support.
Cancellation takes effect at the end of the current billing period. Fees already paid are non refundable unless stated otherwise in our Refund Policy.
Effect of Termination
Upon termination:
Platform access will end
Data may be deleted after a reasonable retention period
Outstanding balances remain payable
7. Cookies
Brain Whats uses cookies and similar technologies to ensure proper platform functionality and improve user experience. Details are outlined in our Privacy Policy.
8. Intellectual Property
All software, content, trademarks, and materials provided by Brain Whats are owned by or licensed to MISS KAYA LLC.
You may not:
Copy or modify platform materials
Resell or sublicense the service
Redistribute content without written permission
Access to the service does not grant ownership rights.
9. Restricted Uses and Industries
Brain Whats may not be used to promote or support activities including but not limited to:
Gambling or betting services
Adult or explicit content
Illegal drugs or controlled substances
Weapons or violent activities
Fraudulent, deceptive, or counterfeit products
Violation of this section may result in immediate account termination.
10. Disclaimer and Limitation of Liability
To the fullest extent permitted by law:
Brain Whats makes no guarantees regarding accuracy, availability, or results
We are not liable for business losses, data loss, or indirect damages
We are not responsible for third party service failures
Nothing in these Terms limits liability where such limitation is prohibited by law.
Contact Information
Business Name: MISS KAYA LLC
Product: Brain Whats
Address:
30 N Gould St Ste R
Sheridan, WY 82801
United States
Email: contact@brainwhats.com
Phone: +12513734897
Have Questions?
If you have questions about our terms, please contact our legal team.