BrainHost AI Terms of Service: User Rights & Service Agreements

These Terms of Service ("Terms") constitute a legally binding agreement between you and SWALLOWAI LTD (doing business as "BrainHost", "we", "us", or "our"), a company registered in the United Kingdom.

Throughout these Terms, "BrainHost" refers to the platform, brand, and services operated and provided by SWALLOWAI LTD.

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

Last updated: 2026-03-10

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

Definitions & Scope

BrainHost ("BrainHost", ""we", "us", or "our") provides infrastructure services including virtual private servers (VPS), networking, storage (backups/snapshots), and related features accessible via our website, customer portal, and APIs. These Terms apply to all services, content, and materials we provide.

By using our services, you accept these Terms and agree to comply with all applicable laws and our policies referenced herein.

Accounts & Eligibility

You must be of legal age in your jurisdiction to create an account and use our services.
You are responsible for maintaining account security, including strong passwords and, where available, enabling two‑factor authentication (2FA).
You are responsible for all activities that occur under your account.
Using BrainHost to engage in any illegal activities is prohibited.

Services & Changes

We may modify services for security, regulatory, performance, or reliability reasons. Material changes will be announced with reasonable notice where practicable.
Features and availability may vary by region and are subject to technical and regulatory constraints.
Beta or experimental features may be provided as‑is and can change or be removed at any time.

Billing & Taxes

Pricing is displayed at checkout or within your account. Invoices are issued via our billing system.
You agree to pay all fees when due. Failure to pay may result in suspension or termination.
Taxes and regulatory fees may apply based on your jurisdiction and will be added where required by law.
For billing inquiries, contact Support via Support.

Refund Policy

1. Right of Withdrawal

If you are purchasing our services as an individual consumer, you have the right to cancel your purchase and request a refund within 14 days from the date of the transaction without providing a reason (the "Withdrawal Period"), subject to the exceptions listed below.

2. Digital Content and Immediate Performance Exception

Please Note: BrainHost provides digital content and services that are fulfilled immediately upon purchase.

By clicking "Pay," "Subscribe," or otherwise accessing, downloading, configuring, or utilizing any part of the BrainHost services (including AI automation tasks, VPS resources, or data exports), you provide your express prior consent for BrainHost to begin the performance of the service immediately.

You acknowledge and agree that once the performance of the service has begun, you will lose your 14-day right of withdrawal and will no longer be eligible for a refund.

3. Subscription Renewals

The right of withdrawal applies only to your initial subscription (subject to the performance exception above). Unless required by applicable law, automatic renewals of existing subscriptions do not trigger a new 14-day withdrawal period and are generally non-refundable.

4. Refund Application Process

To ensure technical verification and account synchronization, all refund requests must follow this procedure:

Submission: All refund requests must be initiated through BrainHost's official support channels. We must verify your usage logs to determine refund eligibility.
Original Payment Method: All approved refunds will be issued strictly to the original payment method used at the time of purchase. We cannot issue refunds to alternative bank accounts, cards, or third-party wallets to maintain compliance and security.
Processing Time: Once a refund is approved by BrainHost, the instruction is sent to our payment processor immediately. The time it takes for funds to appear in your account depends on your financial institution, typically taking 5–10 business days.

5. Technical Issues and Remedies

If the service is completely undeliverable due to a technical failure on the part of BrainHost, and our technical team confirms that the issue cannot be resolved within a reasonable timeframe, you may be entitled to a refund. In such cases, the refund amount will be assessed by BrainHost based on the extent of the service disruption and processed via the original payment gateway.

Acceptable Use & Compliance

You must comply with our Acceptable Use Policy. Prohibited activities include, among others, illegal content, malware distribution, network attacks, spam, operating open proxies/relays, unauthorized penetration testing, and copyright infringement. Violations may lead to suspension or termination and cooperation with law enforcement.

However, legitimate VPN, remote-access, and encrypted-tunnel use cases are allowed (e.g., corporate remote work, personal security, and website/servers administration). We do not allow operating open proxies/public relays, running spam or mass-mailing services, or any activity that facilitates abuse or unauthorized access.

Data & Privacy

We process personal data as described in our Privacy Policy, including purposes, legal bases, retention, international transfers, and your rights. You are responsible for complying with applicable data protection laws when you process third‑party data using our services.

Intellectual Property & Licensing

All site content, software, documentation, and trademarks are owned by BrainHost or its licensors and are protected by applicable laws.
We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use our services in accordance with these Terms.
You retain ownership of your content. You grant BrainHost necessary rights to host, transmit, and process your content for the purpose of providing the services.

Third‑Party Services & Dependencies

Our services may interoperate with third‑party software, networks, or providers. Third‑party offerings are governed by their own terms, and BrainHost is not responsible for their availability, performance, or security.

Service Level & Maintenance

We strive for high availability. Scheduled maintenance windows may be announced on our status page.
Maintenance and events outside of our reasonable control (force majeure) may affect availability.
SLA targets, if any, may be published separately and are incorporated by reference.

Disclaimers & Liability Limits

Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non‑infringement.
To the maximum extent permitted by law, BrainHost shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or loss of profits, revenues, data, or goodwill.
To the extent liability cannot be disclaimed, the total aggregate liability of BrainHost for claims arising out of or related to the services shall not exceed the amounts paid by you to BrainHost for the services in the twelve (12) months preceding the event giving rise to liability.

Indemnification

You agree to indemnify and hold harmless BrainHost and its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the services; (b) your breach of these Terms or the AUP; or (c) your violation of applicable law or third‑party rights.

Termination & Suspension

You may terminate your account at any time via the customer portal or by contacting Support.
We may suspend or terminate services with or without notice for non‑payment, AUP violations, suspected fraud or abuse, legal or regulatory reasons, or to protect the platform and other users.
Upon termination, your access will cease and data may be deleted after any applicable retention window. You are responsible for timely backups.

Governing Law & Dispute Resolution

These Terms are governed by the laws applicable to SWALLOWAI LTD without regard to conflict of laws principles. Disputes shall be brought in the courts or forums having jurisdiction over SWALLOWAI LTD, unless otherwise required by applicable law. Where available, small‑claims court or arbitration may apply as provided by local law.

Terms Updates & Notifications

We may update these Terms from time to time. Changes will be published on this page with an updated "Last Updated" date. Material changes may be communicated through additional channels such as email or service announcements. Continued use of the services after changes take effect constitutes acceptance.

Contact Information

For legal inquiries: support@brainhost.ai
General support: visit support.