Terms and Conditions

By downloading, installing, accessing, or using BrainDock ("the Application", "the App", "we", "us", or "our"), you ("User", "you", or "your") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms and Conditions, do not use the Application.

These Terms and Conditions constitute a legally binding agreement between you and BrainDock. Please read them carefully.

BrainDock is a focus assistance application designed to help users observe their study or work sessions. The Application:

• Uses your device's camera to identify your presence and potential distractions
• Observes your active window and browser URLs to identify distraction apps/websites
• Optionally captures screenshots for AI analysis (disabled by default, user-controlled)
• Sends camera frames and/or screenshots to third-party AI services for real-time analysis
• Generates session reports summarising your focus patterns
• Provides an online account and dashboard to view session history and manage settings
• Does NOT perform facial recognition, identity verification, or biometric identification

• Identifies whether a person is present at the desk
• Identifies whether you appear to be using distraction devices (phones, tablets, game controllers, etc.)
• Observes active window titles and browser URLs to identify distraction apps/websites
• Optional AI Screenshot Analysis: If enabled by you, captures screenshots and sends them to AI for distraction identification (disabled by default)
• Generates focus session statistics and PDF reports
• Provides AI-generated insights about your focus patterns

• No Facial Recognition: We do not identify who you are
• No Biometric Templates: We do not create, store, or match biometric data
• No Identity Verification: We do not verify or match your identity across sessions
• No Video Storage: We do not save or store video footage
• No Screenshot Storage: Screenshots (if enabled) are processed in real-time and not permanently saved
• No Continuous Observation: Processing only occurs during active sessions you initiate
• No Keystroke Logging: We do not capture what you type

Users under 18 years of age should use the Application under parents / legal guardian's supervision or permission or both who agree to these Terms and Conditions on your behalf.

By using the Application, you represent that you have the legal capacity to enter into this agreement.

You are responsible for:

• Ensuring you have the legal right to use camera capture on your device
• The content captured by your camera during sessions
• Obtaining consent from any third parties who may be captured by your camera

IMPORTANT: The Application captures camera frames from your device. If other people (housemates, family members, colleagues, clients on video calls, or passersby) may appear in your camera's view:

• You are responsible for obtaining their consent before starting a session
• Consider positioning your camera to minimise capturing others
• Use the Application in a private space where practical
• Do not use the Application to observe others without their knowledge and consent

We are not responsible for any privacy violations arising from your capture of third parties.

You agree NOT to use the Application:

• To covertly observe or surveil other individuals
• In violation of any applicable laws or regulations
• To capture or process images of minors without parental consent
• In any manner that infringes the rights of others
• To circumvent, disable, or interfere with security features

If you use BrainDock in a workplace context (whether as an employee or employer):

• Employees: Ensure your employer permits personal software on work devices
• Employers deploying to staff: You must comply with workplace observation laws in your jurisdiction

Australian Employers - Special Notice: If deploying BrainDock to observe employees in Australia, you must comply with state and territory workplace observation legislation, including but not limited to:

• NSW: Workplace Surveillance Act 2005 - requires written notice at least 14 days before observation begins, specifying the kind of observation, how it will be carried out, when it starts, and whether it is continuous or intermittent
• VIC: Surveillance Devices Act 1999
• QLD: Invasion of Privacy Act 1971
• Other states: Applicable surveillance device legislation

We strongly recommend employers seek independent legal advice before deploying BrainDock for employee observation.

Subject to these Terms and Conditions and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Application for personal, non-commercial purposes.

You should not:

• Copy, modify, or distribute the Application
• Reverse engineer, decompile, or disassemble the Application
• Rent, lease, lend, sell, or sublicense the Application
• Use the Application to develop competing products
• Remove or alter any proprietary notices

We may terminate your licence if you breach these Terms and Conditions. Upon termination, you must cease all use of the Application and delete all copies.

The Application uses a credit-based pricing model. You purchase usage hours which are consumed during active focus sessions. Unused hours do not expire. Current pricing is displayed at the point of purchase.

Payments are processed securely through Stripe. By making a payment, you also agree to Stripe's terms of service.

Given the nature of digital software, refunds are provided at our discretion. You may request a refund within 7 days of purchase if:

• The Application fails to function as described
• You experience technical issues we cannot resolve
• You have not generated any session reports

To request a refund, contact us with your purchase details.

By using the Application, you acknowledge and consent to:

• Camera frames are captured during active sessions
• Frames are transmitted to third-party AI services for analysis. We use one of the following providers at a time:
  • OpenAI (servers located in the United States)
  • Google Gemini (servers located in the United States)
• These providers may retain data as per their respective policies
• We do not store raw camera frames on your device or our servers

• The Application observes your active window titles and browser URLs to identify distraction apps/websites
• This data is processed locally on your device and compared against your list
• Window titles and URLs are NOT sent to third-party services (unless AI Screenshot Analysis is enabled)

• This feature is disabled by default and requires you to explicitly enable it
• When enabled, the Application captures screenshots of your screen
• Screenshots are transmitted to our AI providers (OpenAI or Google Gemini) for distraction analysis
• Screenshots are processed in real-time and NOT stored on your device or our servers
• You can disable this feature at any time in the Application settings
• Warning: Screenshots may capture sensitive information visible on your screen

• Session logs (timestamps, event types, focus statistics) are stored locally on your device
• If you are logged in, session summaries (including title, category, goals, event timeline, and focus statistics) are synced to your cloud account
• PDF reports are generated and saved to your device
• You control the retention and deletion of local data

Your camera frames, screenshots (if enabled), and cloud account data are transmitted to service providers located in the United States of America. By using the Application, you consent to this cross-border transfer. See our Privacy Policy for details on data protection measures.

• When you create an account, your email address is collected
• When you log in from the desktop app, basic device information (anonymous device identifier, device name, operating system, app version) is recorded
• Your settings and usage balance are synced between your device and your cloud account

We explicitly confirm that BrainDock:

• Does NOT perform facial recognition or identification
• Does NOT create biometric templates or profiles
• Does NOT match or verify user identity
• Does NOT use biometric information for automated verification or identification
• Processes only general presence awareness (is someone at the desk?) and object identification (is a phone visible?)

This pledge is a fundamental design principle of our Application.

The Application, including its code, design, features, documentation, and branding, is owned by BrainDock and protected by intellectual property laws.

You retain ownership of any content you create using the Application (such as session reports). By using the Application, you grant us no rights to your generated content.

The Application uses third-party AI services for image analysis. We currently use one of the following providers at any given time:

OpenAI:

• OpenAI Terms of Use: https://openai.com/terms
• OpenAI Privacy Policy: https://openai.com/privacy
• OpenAI API Data Usage Policy: https://openai.com/policies/api-data-usage-policies

Google (Gemini):

• Google Terms of Service: https://policies.google.com/terms
• Google Privacy Policy: https://policies.google.com/privacy
• Google Cloud Data Processing Terms: https://cloud.google.com/terms/data-processing-terms

Payments are processed by Stripe:

• Stripe Terms of Service: https://stripe.com/legal
• Stripe Privacy Policy: https://stripe.com/privacy

Account data, session history, and settings are stored using Supabase (hosted on Amazon Web Services):

• Supabase Privacy Policy: https://supabase.com/privacy
• Supabase Terms of Service: https://supabase.com/terms

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that:

• The Application will improve your focus or productivity
• Identification will be 100% accurate
• The Application will be uninterrupted or error-free
• The Application will meet your specific requirements

BrainDock is a productivity tool, not a medical device or therapeutic intervention. The Application:

• Does not provide medical, psychological, or therapeutic advice
• Is not intended to diagnose, treat, or manage any medical condition including ADHD, anxiety, or other conditions
• Should not be used as a substitute for professional medical advice

If you have concerns about focus, attention, or mental health, please consult a qualified healthcare professional.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRAINDOCK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or goodwill
• Business interruption
• Personal injury or emotional distress
• Privacy breaches caused by your use of the Application
• Any damages arising from third-party actions

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE APPLICATION SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION IN THE 12 MONTHS PRECEDING THE CLAIM.

Nothing in these Terms and Conditions excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, restricted, or modified by agreement.

You agree to indemnify and hold harmless BrainDock and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Application
• Your breach of these Terms and Conditions
• Your violation of any third party's rights, including privacy rights
• Your capture of third parties without consent
• Your use of the Application in violation of workplace observation laws

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective when posted.

We will notify you of material changes through:

• In-app notification
• Email (if you have provided one)
• Updated "Last Updated" date on these Terms and Conditions

Your continued use of the Application after changes constitutes acceptance of the modified Terms and Conditions. If you do not agree to changes, you must stop using the Application.

You may stop using the Application at any time by uninstalling it from your device.

We may terminate or suspend your access immediately, without prior notice, for any reason, including breach of these Terms and Conditions.

Upon termination:

• Your licence to use the Application ends
• You must delete all copies of the Application
• Provisions that by their nature should survive (including disclaimers, limitations of liability, and indemnification) will survive

These Terms and Conditions are governed by and construed in accordance with the laws of Victoria, Australia.

You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia, for any disputes arising from or relating to these Terms and Conditions or the Application.

Before initiating formal proceedings, you agree to contact us to attempt to resolve any dispute informally.

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and BrainDock regarding the Application.

If any provision of these Terms and Conditions is found to be unenforceable, the remaining provisions will continue in effect.

Our failure to enforce any right or provision of these Terms and Conditions will not constitute a waiver of that right or provision.

You may not assign or transfer these Terms and Conditions without our prior written consent. We may assign our rights and obligations without restriction.

If you have questions about these Terms and Conditions, please contact us at:

Email: morayya@thebraindock.com OR help.thebraindock@gmail.com

Website: thebraindock.com

By clicking "I Agree", completing a purchase, or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

These Terms and Conditions were last updated in February 2026.