1. Definitions
In these Terms of Service, the following definitions apply:
- "MetaBrain", "we", "us", "our" — refers to the MetaBrain software service and its operator.
- "Software" — the MetaBrain macOS desktop application and any associated services, including the web portal at metabrain.online.
- "User", "you", "your" — any individual who installs, accesses, or uses the Software.
- "Content" — any image, video, or other file submitted to the Software for processing.
- "Metadata" — titles, descriptions, and keyword sets generated by the Software.
- "Subscription" — a recurring paid plan granting access to the Software's features.
- "Credits" — non-subscription, pre-purchased processing units consumed per AI generation.
2. Acceptance of Terms
By downloading, installing, or using MetaBrain, you confirm that you are at least 18 years of age, have the legal capacity to enter into a binding agreement, and accept these Terms of Service in full. If you are using the Software on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms. If you do not agree with any part of these Terms, you must discontinue use of the Software immediately.
3. Description of Service
MetaBrain is an AI-powered macOS desktop application that automatically generates SEO-optimised metadata — including titles, descriptions, and keyword sets — for images and videos intended for submission to microstock agencies such as Shutterstock, Adobe Stock, Getty Images, and others.
The Software operates in a cloud-first architecture: images and videos submitted for processing are transmitted to our backend infrastructure, where they are analysed by third-party AI models (including Google Gemini and OpenAI). Generated metadata is returned to your local device and may optionally be written directly to your files using embedded metadata tools.
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice where practicable.
4. Account Registration and Security
Access to the Software requires authentication via Google or Apple OAuth. By signing in, you authorise us to receive your email address and basic profile information from your chosen identity provider for account creation and identification purposes.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@metabrain.online if you become aware of any unauthorised use.
We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, used fraudulently, or is in violation of these Terms.
5. Subscriptions, Credits, and Billing
MetaBrain offers both subscription plans and one-time credit packs. All payments are processed by Paddle.com, which acts as the Merchant of Record for all transactions. This means Paddle is legally responsible for billing, invoicing, VAT/GST collection, and payment processing. Your payment relationship is with Paddle, and Paddle's own terms of service and privacy policy also apply to your purchase.
Subscription Plans. Subscriptions are billed on a recurring monthly basis. Your subscription will automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel at any time through the billing portal accessible from within the Software or by contacting support.
Credits. Credit packs are non-refundable one-time purchases. Credits do not expire and are consumed at the rate of one credit per AI generation. Credits have no monetary value and cannot be transferred, exchanged, or redeemed for cash.
Pricing. All prices are displayed in US Dollars (USD) and exclude applicable taxes unless otherwise stated. Paddle will add applicable VAT or sales tax based on your billing location. We reserve the right to change pricing with at least 30 days' advance notice. Continued use of the Service after a price change takes effect constitutes acceptance of the new price.
Free Tier. New accounts receive a limited number of complimentary credits upon registration. Free-tier credits are subject to change or removal at our discretion.
6. Acceptable Use
You agree to use the Software only for lawful purposes and in accordance with these Terms. You must not:
- Submit Content to which you do not hold the necessary rights or licences.
- Use the Software to generate metadata for Content that depicts minors in any sexual context, non-consensual acts, or any other Content that is illegal in your jurisdiction or the jurisdiction in which you operate.
- Attempt to circumvent usage limits, credit deduction systems, or subscription checks through technical or other means.
- Create multiple accounts to abuse the free tier or any promotional offer.
- Reverse-engineer, decompile, or attempt to extract source code from the Software.
- Use automated scripts or bots to interact with the Software in a manner inconsistent with normal individual use.
- Resell, sublicense, or otherwise commercialise access to the Software or the AI-generated outputs in a manner that competes with MetaBrain.
7. Content Standards
MetaBrain is a professional metadata generation tool intended for use with lawful content submitted to licensed digital media marketplaces. You are solely responsible for ensuring that all Content you submit for processing complies with applicable laws and the terms of the platforms to which you distribute.
You must not submit Content that depicts minors in any sexual context, non-consensual acts, or any Content that is illegal in your jurisdiction. Violation of this clause may result in immediate account termination.
8. Intellectual Property
Your Content. You retain all intellectual property rights in the Content you submit for processing. By submitting Content, you grant MetaBrain a limited, non-exclusive, royalty-free licence to process, transmit, and temporarily store your Content solely for the purpose of providing the Service. We do not claim any ownership over your images, videos, or the metadata we generate for them.
Our Software. The MetaBrain Software, including its source code, design, algorithms, and all associated intellectual property, remains the exclusive property of MetaBrain. Nothing in these Terms transfers any ownership interest in the Software to you.
Generated Metadata. You own the metadata output generated for your Content. MetaBrain makes no claim of copyright over AI-generated titles, descriptions, or keywords.
9. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Software will meet your specific requirements; (b) the Software will be uninterrupted, timely, secure, or error-free; (c) the results obtained from use of the Software will be accurate, reliable, or suitable for submission to any particular microstock platform; or (d) any errors in the Software will be corrected. AI-generated metadata is provided as a starting point and should be reviewed by you before submission.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL METABRAIN, ITS OPERATORS, AFFILIATES, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO METABRAIN IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
11. Termination
You may terminate your account at any time by contacting us at support@metabrain.online. Upon termination, your right to use the Software ceases immediately. Unused subscription entitlements and credits are non-refundable upon voluntary termination, subject to our Refund Policy.
We reserve the right to suspend or terminate your account without notice if we determine that you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or the integrity of the Service.
12. Governing Law and Disputes
These Terms shall be governed by and construed in accordance with applicable law. Any dispute arising out of or in connection with these Terms that cannot be resolved amicably shall be submitted to the competent courts of the applicable jurisdiction. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
13. Changes to These Terms
We reserve the right to update these Terms at any time. When we make material changes, we will update the "Effective date" at the top of this page and, where appropriate, notify you via the Software or by email. Your continued use of the Software after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must discontinue use of the Software.
14. Contact
If you have any questions about these Terms of Service, please contact us at: support@metabrain.online