BrainHost AI Terms of Service

Last Updated: 2026-03-10

Related: Privacy Policy · Acceptable Use Policy · Docs · Support

1. Who We Are

These Terms of Service ("Terms") form a legally binding agreement between you and SCEPTRE AI LTD, a company incorporated in UNITED KINGDOM with company number 16688726 and registered office at 71-75 Shelton Street Covent Garden London WC2H 9JQ UNITED KINGDOM, trading as "BrainHost" ("BrainHost", "we", "us", or "our"). These Terms govern your access to and use of the BrainHost website, customer portal, application programming interfaces (APIs), virtual private server (VPS) products, hosting services, backups, snapshots, support services, and any related products or features we make available (collectively, the "Services").

BrainHost.ai is not affiliated with brainhost.com. We are an independent service and a separate company.

2. Acceptance of These Terms

By creating an account, clicking to accept these Terms, placing an order, starting a trial, or otherwise accessing or using any Service, you agree to be bound by these Terms and by any policies or documents expressly incorporated by reference, including our Acceptable Use Policy, Privacy Policy, Data Processing Addendum (if applicable), and any applicable Service Level Agreement ("SLA").

If you do not agree to these Terms, you must not use the Services.

If you use the Services on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "you" includes that entity.

3. Language; Order of Precedence

These Terms may be published in multiple languages. The English version is the governing version to the maximum extent permitted by law. Any translated version is provided for convenience only.

If there is a conflict between these Terms and any order form, SLA, or product-specific terms, the following order of precedence applies unless expressly stated otherwise: (1) order form or checkout summary, (2) product-specific terms or SLA, (3) these Terms, (4) other referenced policies.

4. Eligibility and Account Registration

You must be at least 18 years old, or the age of legal majority in your jurisdiction if higher, to create an account or use the Services.

You agree to provide accurate, current, and complete registration, billing, and contact information, and to keep that information updated.

You are responsible for safeguarding your login credentials, API keys, authentication tokens, and any devices used to access your account. You are responsible for all activities that occur under your account unless caused by our breach.

We may require identity, fraud, or payment verification before activating or continuing to provide Services.

5. Our Services

BrainHost provides cloud infrastructure and related services, including but not limited to VPS instances, compute, storage, networking, backups, snapshots, operating system templates, automation features, APIs, support, and related tooling.

Services may vary by region, plan, data center, stock, technical feasibility, compliance requirements, and third-party dependencies.

We may improve, modify, suspend, or discontinue any part of the Services from time to time for security, legal, operational, or product reasons. Where reasonably practicable, we will provide prior notice of material adverse changes.

Beta, preview, experimental, or trial features may be changed or withdrawn at any time and may be subject to additional terms.

6. Orders, Provisioning, and Contract Formation

A contract is formed when we accept your order and send you an order confirmation, activate the relevant Service, or otherwise make the Service available to you, whichever occurs first.

All orders are subject to availability, fraud review, legal compliance checks, technical feasibility, and acceptance by us.

Provisioning times, deployment estimates, and setup timelines are targets only unless expressly stated otherwise in an applicable SLA.

7. Trials, Promotions, and Credits

We may offer free trials, promotional pricing, discounts, service credits, or coupons from time to time. Unless expressly stated otherwise in the applicable offer:

promotions may be limited by time, geography, account type, or product;
only one promotion may be used per account or order;
service credits have no cash value, are non-transferable, and may expire; and
you must cancel before the end of any free trial or promotional period to avoid being charged for the next paid term.

We may revoke any trial, promotion, or credit obtained through abuse, fraud, or violation of these Terms.

8. Fees, Billing, Taxes, and Payment

You agree to pay all fees, charges, taxes, and other amounts specified at checkout, in your order summary, in your account, or otherwise agreed in writing.

Unless stated otherwise, fees are prepaid, non-refundable during the applicable billing term except as required by law, expressly stated in these Terms, or provided in an applicable SLA or order form.

You authorize us and our payment processors to charge your selected payment method for all amounts due, including recurring subscription fees, one-time charges, applicable taxes, add-ons, overage charges, and renewal fees.

You are responsible for any bank fees, chargeback fees, foreign exchange fees, or similar third-party charges imposed by your payment provider.

If a payment fails, is disputed, or is reversed, we may suspend, restrict, or terminate the affected Services and recover our reasonable costs.

9. Subscription Terms, Auto-Renewal, and Cancellation

Certain Services are sold on a recurring subscription basis (for example, monthly or annual terms). Unless otherwise stated in your order, each subscription automatically renews for successive periods of the same length unless you cancel before the renewal date.

You may cancel a subscription at any time through your customer portal or by contacting support. Unless required by law or expressly stated otherwise in your order, cancellation stops future renewals only and takes effect at the end of the then-current paid billing period. Cancellation does not by itself entitle you to a refund for the current billing period.

"Cancel anytime, no penalties" means we do not charge an early termination penalty merely for turning off future renewals. It does not override prepaid billing, fees already incurred, usage charges already accrued, or non-refundable fees except where mandatory law requires otherwise.

Where reasonably practicable, and subject to your account settings and applicable law, we may send billing or renewal reminders as a courtesy. Failure to send a reminder does not invalidate an otherwise valid renewal unless mandatory law provides otherwise.

10. Consumer Cancellation Rights (14-Day Cooling-Off)

This Section 10 applies only if you are purchasing as a consumer, meaning an individual acting for purposes wholly or mainly outside your trade, business, craft, or profession.

10.1 General right to cancel

If mandatory law gives you a right to cancel your order within 14 days without giving a reason, you may exercise that right within the applicable cancellation period.

10.2 Services started during the cancellation period

If you expressly request that we begin providing a Service during the cancellation period, and you later cancel before the Service has been fully performed, you must pay for the portion of the Service supplied up to the time you tell us you wish to cancel, calculated proportionately against the full contract price, unless mandatory law says otherwise.

If the Service has been fully performed within the cancellation period after your express request and your acknowledgement that you will lose your cancellation right once full performance is completed, your cancellation right ends when full performance is completed.

10.3 Digital content supplied immediately

Where a product is legally classified as digital content supplied other than on a tangible medium, and you expressly consent to immediate supply during the cancellation period and acknowledge that you will lose your right to cancel once supply begins, your cancellation right ends when supply begins.

We will not treat you as having lost any mandatory cancellation right unless the law allows this and the required consent and acknowledgement have been properly obtained.

10.5 How to cancel

You may cancel by contacting support@brainhost.ai or Support with a clear statement of your decision to cancel.

11. Refunds

11.1 General principle

Except where required by mandatory law, expressly stated in these Terms, specified in an applicable SLA, or agreed in writing, fees are non-refundable once a paid term has started.

11.2 Full refund scenarios

You will be entitled to a full refund of the affected charge if:

we accept your timely consumer cancellation and the law requires a full refund;
we are unable to provision the ordered Service due solely to our fault and the Service was never activated or made available to you; or
we charge you in error.

11.3 Pro-rated refund or credit scenarios

We may provide a pro-rated refund or service credit, at our option unless mandatory law requires a cash refund, where:

a Service suffers a material outage or material degradation caused by us and not cured within a reasonable time;
we suspend or discontinue a paid Service for operational or legal reasons before the end of the paid term and cannot provide a materially equivalent replacement; or
a refund or credit is due under an applicable SLA.

11.4 No refund cases

To the maximum extent permitted by law, refunds are not available for:

unused time remaining in a prepaid billing term after you cancel future renewals;
suspensions or terminations caused by your breach of these Terms, AUP violation, fraud, abuse, non-payment, sanctions, or unlawful activity;
issues caused by your configuration, software, code, credentials, content, third-party services, or acts or omissions outside our reasonable control; or
trial credits, promotional credits, setup fees, domain fees, licensed software fees, or third-party pass-through charges, unless expressly stated otherwise.
The balance credited to the account.

11.5 Refund process

Refund requests must be submitted through support@brainhost.ai within 3 days after the event giving rise to the claim, unless a longer period is required by law or stated in an SLA.

We may request information reasonably necessary to validate the request, such as order number, account details, timestamps, service identifiers, error logs, or a description of the issue. We will not require unnecessary information.

Approved refunds will be issued to the original payment method unless otherwise required by law. Processing times depend on your payment provider.

11.6 Chargebacks

Before initiating a chargeback, you agree to contact us first so we can attempt to resolve the issue. If you initiate a chargeback in bad faith or for a valid charge, we may suspend or terminate the related Services and recover our reasonable costs to the extent permitted by law.

12. Acceptable Use and Compliance

You must use the Services in compliance with applicable law and our Acceptable Use Policy.

Without limitation, you must not use the Services to:

host, store, transmit, or distribute unlawful, fraudulent, harmful, infringing, or deceptive content;
distribute malware, exploit kits, ransomware, spyware, or other malicious code;
send spam or operate open relays, open proxies, or abusive mass-mailing systems;
perform unauthorized scanning, intrusion, interception, scraping, credential attacks, denial-of-service activity, or other abusive conduct;
violate sanctions, export controls, telecom rules, privacy laws, or intellectual property rights; or
interfere with the integrity, security, or availability of the Services or third-party systems.

You are solely responsible for the workloads, software, traffic, data, and content you deploy or process through the Services.

13. Customer Content, Data, and Backups

As between you and BrainHost, you retain ownership of your content, applications, data, configurations, and materials you upload to or process through the Services ("Customer Content").

You grant us a non-exclusive, worldwide, limited right to host, copy, transmit, store, process, back up, display, and otherwise use Customer Content solely as necessary to provide, secure, maintain, improve, and support the Services, and to comply with law.

You are responsible for maintaining appropriate backups of Customer Content. Any backup, snapshot, or disaster recovery feature we offer is provided as a convenience unless expressly stated otherwise, and does not eliminate your independent backup obligations.

After termination or expiration, we may delete Customer Content in accordance with our data retention practices, unless required to retain it by law.

14. Privacy and Data Protection

Our collection and processing of personal data are described in our Privacy Policy.

If we process personal data on your behalf as a processor or service provider, the parties will comply with any applicable data processing addendum or equivalent terms. You are responsible for ensuring that you have a lawful basis and all required notices, rights, permissions, and consents for any personal data you or your end users place on the Services.

15. Third-Party Services

The Services may interoperate with, depend on, or include software, infrastructure, connectivity, operating systems, payment processors, domain registrars, or other services provided by third parties.

Third-party services are subject to their own terms and privacy practices. We are not responsible for third-party services, except to the extent required by mandatory law.

16. Service Levels, Maintenance, and Support

We aim to provide reliable Services and may publish service-level targets or commitments in an applicable SLA.

Scheduled maintenance, emergency maintenance, force majeure events, internet outages, upstream provider failures, attacks, or events outside our reasonable control may affect availability or performance.

Unless expressly stated in an applicable SLA or mandatory law, support response times, deployment speeds, availability figures, and performance metrics are targets only and not guarantees.

For Business Customers, service credits under an applicable SLA are the sole and exclusive monetary remedy for covered service-level failures, unless mandatory law or the applicable SLA expressly provides otherwise.

17. Suspension and Termination

You may stop using the Services at any time, and may terminate your account in accordance with your plan and account settings.

We may suspend, restrict, or terminate any Service or account immediately, with or without prior notice where appropriate, if:

you breach these Terms, the AUP, or applicable law;
payment is overdue or a payment is reversed;
we reasonably suspect fraud, abuse, compromise, or unlawful activity;
we are required to do so for legal, regulatory, or security reasons; or
your use creates a risk to us, the Services, or other customers.

Where reasonably practicable, we will give notice and an opportunity to cure before termination for remediable breaches. We do not have to do so where immediate action is reasonably necessary.

Termination does not affect accrued rights, payment obligations, or provisions intended to survive termination.

18. Intellectual Property

Except for Customer Content and third-party materials, the Services, website, software, documentation, trademarks, logos, designs, and related intellectual property are owned by or licensed to BrainHost and are protected by applicable law.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services during the applicable subscription term for your internal business or personal use, as applicable.

You must not copy, resell, distribute, modify, reverse engineer, decompile, disassemble, create derivative works from, or otherwise exploit the Services except as expressly permitted by law or by us in writing.

19. Warranties and Disclaimers

Nothing in these Terms excludes or limits any warranty, condition, guarantee, or right that cannot lawfully be excluded or limited.

Subject to the preceding sentence, and except as expressly stated in these Terms, the Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all implied warranties, representations, and conditions, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

We do not warrant that the Services will be uninterrupted, secure, or error-free at all times, or that they will meet every use case, compliance requirement, or business objective.

20. Limitation of Liability

20.1 Liability that we do not exclude

Nothing in these Terms excludes or limits liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation;
wilful misconduct or gross negligence where such exclusion is prohibited;
breach of rights that cannot be limited under applicable consumer or data protection law; or
any liability that cannot lawfully be excluded or limited.

20.2 Excluded losses

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, contracts, anticipated savings, goodwill, or data, except where such exclusion is not permitted by law.

20.3 Liability cap

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services and these Terms will not exceed the greater of:

the total fees paid or payable by you to us for the affected Service during the 12 months immediately preceding the event giving rise to the claim; or
USD 50.

20.4 Consumer rights preserved

If you are a consumer, this Section applies only to the extent permitted by applicable law and does not affect your non-excludable statutory rights.

21. Indemnity (Business Customers Only)

If you use the Services for business purposes, you will defend, indemnify, and hold harmless BrainHost and its affiliates, officers, directors, employees, and agents against any third-party claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

your Customer Content, workloads, or use of the Services;
your breach of these Terms or applicable law;
your infringement or misappropriation of a third party’s rights; or
your products or services offered through or using the Services.

This Section does not apply to consumers.

22. Export Controls and Sanctions

You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive trade sanctions applicable to the Services, and that you are not listed on any prohibited or restricted party list applicable to the Services.

You must not use the Services in violation of export control, sanctions, or re-export laws.

23. Changes to the Services or Terms

We may update these Terms from time to time. If we make a material change, we will post the updated Terms on our website and update the "Last Updated" date. Where required by law or where reasonably practicable, we may also provide notice by email, dashboard notice, or other reasonable means.

Unless mandatory law requires otherwise, the updated Terms take effect on the stated effective date. If you do not agree to the updated Terms, you must stop using the Services and cancel any renewing subscriptions before the changes take effect. Continued use after the effective date constitutes acceptance of the updated Terms.

We may also change, retire, or replace features or Services from time to time in accordance with Section 5.

24. Governing Law and Dispute Resolution

24.1 Business Customers

If you are using the Services for business purposes, these Terms and any non-contractual disputes or claims arising out of or in connection with them are governed by the laws of England and Wales, excluding conflict of law rules. The courts of England and Wales shall have exclusive jurisdiction, unless we elect to seek injunctive or equitable relief in any competent jurisdiction.

24.2 Consumers

If you are a consumer, you may benefit from mandatory provisions of the law of the country in which you reside. Nothing in these Terms deprives you of any mandatory consumer protections under the law of your home jurisdiction.

If you are a consumer resident in the United Kingdom, you may bring proceedings in the courts of the part of the UK in which you live. If you are a consumer resident outside the UK, you may have additional rights under the laws of your country of residence.

24.3 Informal resolution

Before filing a formal claim, either party should first try in good faith to resolve the dispute by contacting support@brainhost.ai and providing a short description of the issue, the affected account, and the requested resolution.

25. Notices and Contact Information

Legal notices to BrainHost must be sent to:

SCEPTRE AI LTD
71-75 Shelton Street Covent Garden London WC2H 9JQ UNITED KINGDOM
Email: support@brainhost.ai
Support: https://brainhost.ai/support

We may send notices to you by email, through your account dashboard, by posting on our website, or by other reasonable means.

You are responsible for keeping your contact information current.

26. Miscellaneous

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision is not a waiver of that provision or any other right.

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, except where assignment cannot be restricted by law. We may assign these Terms or any rights and obligations under them to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

These Terms constitute the entire agreement between you and us regarding the Services, except for any order form, SLA, DPA, or other document expressly incorporated by reference.