Terms of Service

1Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and RacingMinds ("RacingMinds," "we," "us," or "our"), the operator of Brooke, an AI-powered business assistant available at brooke.com and associated applications and APIs (collectively, the "Service").

By accessing or using the Service, creating an account, or clicking "I agree," you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

You must be at least 18 years of age to use the Service. If you are using the Service on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and references to "you" include both you individually and that entity.

2Description of Service

Brooke is an AI-powered business assistant that helps individuals and teams execute business tasks end-to-end. The Service allows you to:

• Submit natural language tasks and goals for execution
• Generate business artifacts (documents, presentations, spreadsheets, reports)
• Connect third-party business applications via integrations (e.g., Gmail, Notion, HubSpot)
• Review and approve AI-proposed actions before they are executed
• Manage a workspace with team members and shared artifacts

Brooke is currently provided in early access/beta. The Service is provided "as is" during this period. Features, pricing, and capabilities may change. See Section 11 (Beta & Early Access) for more information.

3Account Registration & Security

To use the Service, you must create an account by providing accurate, current, and complete information, including a valid email address. You agree to keep your account information up to date.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

• Use a strong, unique password for your Brooke account
• Not share your account credentials with others
• Not create more than one account per person (unless you receive explicit written permission from us)
• Immediately notify us at security@brooke.com if you become aware of any unauthorized access to your account

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4Acceptable Use

Permitted Uses

You may use Brooke for lawful business purposes, including drafting documents, conducting research, managing emails, analyzing data, and other productivity tasks consistent with the Service's intended function.

Prohibited Uses

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Send spam, unsolicited messages, or bulk commercial communications
• Attempt to bypass, disable, or circumvent any of the Service's security features, approval gates, or rate limits
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Service
• Resell, sublicense, or offer the Service as a competing product without written authorization
• Use outputs from the Service to create training datasets for AI or machine learning models
• Generate NSFW, sexually explicit, or age-restricted content
• Harass, threaten, or harm any individual
• Misrepresent your identity or impersonate another person or entity
• Upload or transmit malware, viruses, or other harmful code
• Engage in scraping, crawling, or automated data extraction beyond what is permitted by the API
• Use the Service in any way that could damage, disable, overburden, or impair our infrastructure

Violation of these prohibited uses may result in immediate account suspension or termination.

5AI-Generated Content

Your Content

You retain all ownership rights in content you input into the Service, including tasks, instructions, uploaded documents, and information you provide through connected integrations. By providing content to the Service, you grant RacingMinds a limited, non-exclusive, royalty-free license to process and transmit your content solely to provide the Service to you.

AI-Generated Outputs

For AI-generated outputs (artifacts, documents, drafts, analysis, summaries), you own those outputs subject to any applicable third-party AI provider terms. We do not claim ownership of AI-generated content created through your use of the Service.

Your Responsibility

You are solely responsible for reviewing, verifying, and validating all AI-generated content before using it for any business purpose. AI outputs may contain errors, inaccuracies, outdated information, or unintended content. You agree to exercise appropriate professional judgment before relying on AI-generated content.

Prohibited Content Generation

You may not use the Service to generate content that is defamatory, harassing, fraudulent, misleading, illegal, or that infringes any third-party intellectual property rights.

6Integrations & Third-Party Services

Brooke supports connections to third-party applications including Gmail, Google Workspace, Slack, Notion, HubSpot, Salesforce, GitHub, Shopify, Dropbox, Trello, LinkedIn, and Discord. By connecting an integration:

• You authorize Brooke to access and interact with the connected service on your behalf using the permissions you grant via OAuth or API key
• You represent that you have the right to grant such access and that doing so does not violate any agreement you have with the third-party platform
• You remain responsible for compliance with the terms of service of each third-party platform
• You understand that third-party services are not operated by RacingMinds and their availability is not guaranteed

We may update the permissions requested by integrations when new functionality requires it. We will provide notice of significant scope changes.

We are not liable for any disruption to, or changes in, third-party services that affect the functionality of Brooke integrations.

7Approvals & Human Oversight

Brooke's approval system requires your explicit authorization before executing external actions (sending emails, modifying CRM records, creating calendar events, etc.). This system is designed as a safety safeguard.

You acknowledge that:

• The approval system is a safeguard, not a legal guarantee. You are responsible for carefully reviewing each approval request before authorizing execution.
• By approving an action, you authorize RacingMinds and Brooke to execute that action on your behalf.
• You are solely responsible for reviewing the content and consequences of any action you approve.
• RacingMinds is not liable for the consequences of actions that you review and approve.

8Data & Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference.

You grant RacingMinds a limited, non-exclusive, royalty-free license to access, process, store, and transmit your content solely to the extent necessary to provide the Service to you. This license does not permit us to use your content to train AI models or for any purpose beyond service delivery.

You represent and warrant that:

• You have all necessary rights, licenses, and consents to provide any content you upload or connect to Brooke
• Your content does not violate any privacy law, data protection regulation, or third-party right
• You will not submit protected health information (PHI) unless you have executed a Business Associate Agreement (BAA) with RacingMinds

9Intellectual Property

Our Property

The Brooke name, logo, software, codebase, design, and all associated intellectual property are owned by RacingMinds or its licensors. Nothing in these Terms grants you any right to use our trademarks, trade names, or branding without our prior written consent.

Your Content

You retain all intellectual property rights in your content. We do not claim ownership of anything you create using the Service.

AI Outputs

Ownership of AI-generated outputs is described in Section 5. To the extent AI-generated content may have limited copyright protection, you are granted all rights we can convey to such output.

Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant RacingMinds a non-exclusive, royalty-free, perpetual license to use, incorporate, and commercialize that feedback without any obligation to you.

10Subscription & Billing

Brooke is offered under subscription plans as described on our Pricing page. By subscribing, you agree to the following:

• Subscription fees are billed monthly or annually in advance, as selected at checkout.
• All fees are in USD unless otherwise stated.
• Annual subscriptions are non-refundable unless required by applicable law.
• Monthly subscriptions may be cancelled at any time; the cancellation takes effect at the end of the current billing period. You will retain access until that period ends.
• Downgrades to a lower plan take effect at the start of the next billing period.
• We may change pricing with 30 days' notice by email. Continued use after the notice period constitutes acceptance of the new pricing.
• Failure to pay may result in suspension of your account. Accounts suspended for non-payment for more than 30 days may be terminated.

Payment is processed by Stripe. By providing payment information, you agree to Stripe's terms of service.

11Beta & Early Access

Brooke is currently in early access / beta. This means:

• The Service may be incomplete, contain bugs, or behave unexpectedly.
• Features may change, be renamed, or be removed without notice.
• We may impose usage limits, rate limits, or capability restrictions during the beta period.
• We may terminate your early access at any time, for any reason, with or without notice.
• Beta pricing (if applicable) is subject to change at or after general availability. We will provide at least 30 days' notice of pricing changes that affect existing paid subscribers.

12Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RACINGMINDS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, error-free, or available at any particular time
• Any warranty regarding the accuracy, reliability, or completeness of AI-generated outputs
• Any warranty that defects or errors will be corrected

AI-generated content may contain errors, hallucinations, outdated information, or unintended content. You are solely responsible for evaluating AI outputs before relying on them for any purpose. Brooke is not a substitute for professional legal, financial, medical, or other expert advice.

13Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RACINGMINDS AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, consequential, special, exemplary, or punitive damages
• Loss of profits, revenue, data, business opportunities, or goodwill
• Costs of substitute services
• Damages resulting from any AI-generated content, any approved action, or any integration behavior

IN NO EVENT SHALL RACINGMINDS'S AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO RACINGMINDS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

14Indemnification

You agree to defend, indemnify, and hold harmless RacingMinds and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or violation of these Terms
• Your content, including any claims that your content infringes or violates any third-party right
• Your violation of any applicable law or regulation
• Your violation of any third-party right, including intellectual property rights or privacy rights
• Any action you approve via the Service's approval system

15Termination

Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or abusive behavior, or for any other reason at our sole discretion.

Termination by You

You may close your account at any time from your workspace settings or by contacting us at support@brooke.com. Termination takes effect at the end of your current billing period (for paid subscriptions) or immediately (for free accounts).

Effect of Termination

Upon termination: (a) your right to access the Service immediately ceases; (b) your data is retained per our Privacy Policy and then permanently deleted; (c) any unpaid subscription fees become immediately due and payable. Sections 5, 8, 9, 12, 13, 14, and 16 survive termination.

16Governing Law & Disputes

Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding.

Class Action Waiver

YOU AND RACINGMINDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Small Claims Court

Notwithstanding the arbitration provision, either party may bring an individual claim in small claims court if the claim qualifies.

Exceptions

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

17Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by sending an email to the address associated with your account at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service before the effective date.

We will maintain an archive of prior versions of these Terms upon request.

18Contact

For questions about these Terms, please contact us:

• Legal inquiries: legal@brooke.com
• General support: support@brooke.com
• Company: RacingMinds — racingminds.com

For privacy-related requests, please see our Privacy Policy and contact privacy@brooke.com.