Terms and conditions.

1. Who you are dealing with

The Brainer OÜ, Lahepea 9, 10617 Tallinn, Estonia, registry code 14825632, VAT EE102198386 ("we", "us"). Email domain@trythebrainer.com. The service is offered to businesses, sole traders and organisations ("you"). By starting a trial or a subscription you accept these terms.

2. The service

The service ("The Brainer Website") includes:

• A rebuilt version of your existing website: the same pages, text and images, rebuilt to load fast and work on phones.
• Hosting on our servers, with a security certificate (https) issued and renewed by us, and daily backups.
• Changes to text, images and styling made through the chat on your site, without limit within reasonable use.
• A full redesign ("new look") of your site, up to four times in each subscription year, prepared by us from a reference you give (a website or a picture whose style you like). Unused redesigns do not carry over.
• Ongoing updates and maintenance of the platform the site runs on.
• Working contact forms, delivered to your email.

The service covers brochure-style websites. It does not include online shops, payment processing, booking engines, member areas, or other software that runs on your old site. If your site relies on such a feature we will tell you in the preview.

3. The preview

Before you buy, we show you a rebuilt preview at an address ending in trythebrainer.com. The preview is free, carries no obligation, is hidden from search engines, and is deleted 30 days after it was built unless you subscribe. You can have it removed sooner at any time by asking in the chat or by email.

4. Starting: trial and admin email

To start you give us an email address and enter payment details with Stripe. That email becomes the admin email: the address that receives your admin link and all service messages. Keep it current. Anyone who can read that mailbox can change your site, so treat it like a password.

The first 30 days are a free trial. If you cancel before the trial ends, nothing is charged. If you do not cancel, the first yearly payment is taken at the end of the trial.

5. Price and payment

• The price is £29 per month, billed as one payment of £348 for each year, in advance. Prices are in pounds sterling. VAT is added where the law requires it.
• Payment is by card through Stripe. Your card is charged at the end of the trial and then on the same date every year.
• We send a reminder email to the admin address before each yearly payment.
• We can change the price for the following year by giving you at least 30 days' notice by email. If you do not agree, cancel before the renewal and nothing more is charged.

6. Cancelling and refunds

• You can cancel at any time by telling the chat on your site, by emailing us from the admin address, or yourself in the subscription portal (invoices, card, cancellation). The same link is in the footer of every page and in our emails. Cancellation takes effect at the end of the period already paid for. There is no notice period and no cancellation fee.
• If you cancel within 14 days after a yearly payment was taken, we refund that payment in full.
• Otherwise yearly payments are not refunded for the unused part of the year, except where we end the service ourselves (section 12) or where the law says otherwise.
• After the paid period ends we keep your site for 30 days and, on request, give you a complete export of it. Then it is deleted.

7. Your domain name

Your domain name stays registered in your name with your current provider. We never take it over. To go live you change the address record (A record) at your provider to point to our server, following the instructions we send. We help by email or on a call if you get stuck. When you leave, you point it wherever you like.

8. Your content

• Everything on the site (text, images, logo, name) stays yours. You give us permission to copy, store, adapt for the rebuild and display it, for as long as the service runs and the 30 days after.
• You confirm that you have the right to use the content on your existing site and anything you upload, and that it does not break the law or anyone's rights.
• We may remove content that is unlawful or that puts our servers or other customers at risk, and will tell you when we do.

9. Changes through the chat

Changes you ask for in the chat are prepared by AI and shown to you before they go live. You decide whether to publish. We keep every published version and you can go back to an earlier one. The chat cannot do everything: it changes text and images on the pages you already have. A full new look is included up to four times a year (section 2). Other bigger changes, such as new pages, are handled by us on request and may be quoted separately.

10. What we promise

• We aim for the site to be available 99.9% of the time, measured per month, excluding announced maintenance and things outside our control (your domain settings, your provider, internet outages, attacks).
• We back up daily and keep backups for 30 days.
• We keep the site's software and certificate up to date without asking you.
• Speed scores, search rankings and business results depend on many things we do not control. We show measured before-and-after scores honestly but do not guarantee any particular score or outcome.

11. Acceptable use

The service may not be used for anything unlawful, for spam, malware, phishing, or content that infringes others' rights. The chat may not be used to attack our systems or to produce content for other websites. Fair use: the service is for one website per subscription with a reasonable number of pages and edits; if usage becomes unreasonable we will talk to you first.

12. Ending the service

We can end your subscription with 30 days' notice at any time, in which case we refund the unused part of the year. We can end it immediately if you break section 8 or 11, or if a payment fails and is not resolved within 14 days of our reminders. If we stop offering the service altogether, we give at least 60 days' notice, a full export, and a refund of the unused part.

13. Data protection

Our privacy policy explains what we do with personal data. For the personal data of your site's visitors (server logs, contact-form submissions) we act as your processor: we process it only to run your site, keep it in the EU or UK, keep it confidential, delete it when the service ends, help you answer requests from your visitors, and tell you without undue delay if there is a data breach. Our sub-processors are listed in the privacy policy; we tell you by email before adding one.

14. Liability

We are liable for damage caused by our intent or gross negligence. For everything else, our total liability for any claims in a 12-month period is limited to the amount you paid us in those 12 months. We are not liable for loss of profit, loss of business or indirect loss. Nothing in these terms limits liability that cannot be limited by law.

15. Changes to these terms

We may update these terms. If a change is to your disadvantage we email the admin address at least 30 days before it takes effect, and you can cancel before then with a refund of the unused part of the year.

16. Law and disputes

These terms are governed by the laws of Estonia. Disputes go to Harju County Court in Tallinn. If you are a consumer, the mandatory consumer-protection rules of your own country still apply and you may bring a claim in your own courts. We would much rather sort things out by email first.