Terms of Service

Rules and conditions governing the use of Brain Whats software and services

Last updated: December 2025

Table of Contents

  1. Introduction

  2. Service Overview

  3. User Obligations

  4. AI Features and Limitations

  5. Platform Availability

  6. Account Suspension and Termination

  7. Cookies

  8. Intellectual Property

  9. Restricted Uses and Industries

  10. 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.