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Terms of Service

Last updated: March 2026

Table of Contents

  1. Acceptance of Terms
  2. Description of Service
  3. Account Registration
  4. Subscription and Billing
  5. Acceptable Use Policy
  6. MediCoin (MCN) Payment Terms
  7. White-Label Terms
  8. AI-Generated Content
  9. Data Ownership
  10. Intellectual Property
  11. Limitation of Liability
  12. Termination
  13. Governing Law
  14. Dispute Resolution
  15. Contact

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and Borak Solutions LLC (“Company”, “we”, “us”, or “our”), governing your access to and use of the BorakDesk AI Marketing Suite (“BorakDesk” or the “Platform”), including all associated websites, APIs, documentation, and services.

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Data Processing Agreement. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

2. Description of Service

BorakDesk is a business-to-business (B2B) AI-powered marketing automation platform designed for enterprises, agencies, healthcare organisations, and Web3 projects. The Platform provides a comprehensive suite of marketing tools and services, including but not limited to:

  • Email Marketing: Campaign creation, A/B testing, send-time optimisation, sequence automation, deliverability monitoring, and inbox placement analysis.
  • CRM: Contact management, lead scoring, pipeline tracking, custom fields, tagging, and segmentation.
  • AI Campaign Agent: Autonomous campaign planning, content generation, audience segmentation, and performance optimisation powered by advanced language models.
  • MRI Engine: Market Research Intelligence providing competitive analysis, sentiment tracking, and predictive analytics.
  • Brand Voice DNA: AI-driven brand consistency analysis and tone-of-voice enforcement across all marketing channels.
  • Crypto Marketing Suite: DEX token triggers, wallet-targeted campaigns, Telegram blasts, and blockchain-native marketing tools.
  • Analytics & Reporting: Real-time dashboards, Campaign Velocity Index, churn prediction, cross-organisation benchmarks, and exportable reports.
  • White-Label Platform: Custom branding, domain configuration, client workspace management, and reseller capabilities for agencies.

The Platform is offered across ten subscription tiers — Solo, Startup, Business, Enterprise, Agency, Healthcare Starter, Healthcare Professional, Healthcare Enterprise, Crypto Starter, and Crypto Professional — and operates in three global data regions: United States (Azure Central US), European Union (Azure North Europe, Ireland), and Asia-Pacific (Azure Southeast Asia).

3. Account Registration

To access the Platform, you must create an account by providing accurate and complete information, including your name, email address, company name, and job title. You may also register using a supported third-party authentication provider (such as Azure AD B2C).

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at security@borakdesk.com if you become aware of any unauthorised access to or use of your account.

During registration, you will select a data region (US, EU, or Asia-Pacific) for your account. Your region selection is permanent and cannot be changed after account creation. All of your data will be stored and processed exclusively in the selected region. If you need to change regions, you must export your data, create a new account in the desired region, and re-import.

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to create an account and use the Platform.

4. Subscription and Billing

4.1 Plans and Pricing

BorakDesk offers both monthly and annual subscription plans. Annual plans provide a discount equivalent to two free months compared to the monthly rate. Current pricing, feature comparisons, and plan limits are displayed on our Pricing page and are incorporated into these Terms by reference.

4.2 Free Trial

New accounts are eligible for a 14-day free trial with full access to the features of your selected plan tier. No credit card is required to start a trial. At the end of the trial period, you must select a paid plan to continue using the Platform. If you do not subscribe, your account will be placed in a read-only state for 30 days, after which your data will be subject to our standard data retention policy.

4.3 Payment Processing

All payments are processed securely through Stripe, our PCI-DSS Level 1 compliant payment processor. We accept major credit cards, debit cards, and supported digital payment methods. We never store, process, or have access to your full payment card details. Stripe handles all payment card data in compliance with PCI-DSS requirements.

4.4 Auto-Renewal

All subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless you cancel before the renewal date. We will send you a reminder email at least 7 days before your subscription renews. You can cancel auto-renewal at any time through your account settings or by contacting support.

4.5 Refund Policy

If you are not satisfied with the Platform, you may request a full refund within 7 days of your initial subscription purchase. After 7 days, no refunds will be issued for the current billing period, but you may cancel your subscription to prevent future charges. Annual subscriptions that are cancelled mid-term will not receive a pro-rated refund. Refund requests should be sent to billing@borakdesk.com.

4.6 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' written notice before any price increase takes effect. Existing subscribers will be grandfathered at their current rate until the end of their current billing cycle, after which the new pricing will apply upon renewal.

5. Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

  • Send unsolicited bulk email (spam) or violate the CAN-SPAM Act, GDPR, CASL, or any other applicable anti-spam or marketing regulation.
  • Upload, transmit, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
  • Use the Platform to send phishing emails, distribute malware, or engage in any form of cyber fraud or deception.
  • Attempt to gain unauthorised access to any part of the Platform, other user accounts, or our servers and infrastructure.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of the Platform or any of its components.
  • Use automated scripts, bots, or scraping tools to access the Platform in a manner that exceeds reasonable usage or imposes an unreasonable load on our infrastructure.
  • Resell, sublicense, or redistribute access to the Platform without a valid White-Label or Agency agreement.
  • Circumvent or attempt to circumvent any usage limits, security measures, or access controls implemented on the Platform.
  • Use the Platform to process, store, or transmit data that violates any applicable data protection law or regulation.

We reserve the right to investigate suspected violations of this Acceptable Use Policy and to suspend or terminate accounts that violate these terms, with or without notice, depending on the severity of the violation.

6. MediCoin (MCN) Payment Terms

BorakDesk accepts MediCoin (MCN), a cryptocurrency developed by MediCureOn, as an alternative payment method for subscription fees. Users who pay with MCN receive a 10% discount on all subscription plans.

MCN payments are processed at the market exchange rate at the time of payment. The discount is applied automatically when MCN is selected as the payment method. MCN transactions are recorded on the blockchain and are non-reversible once confirmed. Refunds for MCN payments will be issued in MCN at the exchange rate prevailing at the time of refund.

The MCN discount may be modified or discontinued at any time with 30 days' notice to affected subscribers. The MCN payment option is subject to availability and regulatory compliance in your jurisdiction.

7. White-Label Terms

Subscribers on the Agency plan or higher may access the White-Label feature, which allows you to rebrand the Platform with your own company name, logo, colours, domain, and visual identity for the purpose of offering marketing services to your own clients.

Under the White-Label arrangement:

  • You are responsible for your own terms of service, privacy policy, and data processing agreements with your end clients.
  • You must not represent the Platform as your own proprietary technology in any way that would constitute fraud or misrepresentation.
  • You are responsible for all content, campaigns, and data processed through your white-labelled instance.
  • Borak Solutions LLC remains the data processor; you are the data controller for your clients' data.
  • White-Label access is non-transferable and tied to your Agency subscription.
  • We provide no direct support to your end clients — all client support is your responsibility.

8. AI-Generated Content

BorakDesk uses artificial intelligence, including models from Anthropic (Claude) and OpenAI (GPT), to generate marketing content such as email copy, subject lines, campaign strategies, audience segments, and analytics insights.

You acknowledge and agree that:

  • AI-generated content is provided as a starting point and suggestion. You are solely responsible for reviewing, editing, and approving all content before it is sent or published.
  • AI-generated content may contain errors, inaccuracies, biases, or inappropriate material. We do not guarantee the accuracy, completeness, or suitability of any AI-generated content.
  • You must ensure that all AI-generated content complies with applicable laws, regulations, and industry standards before use, including advertising regulations, healthcare marketing rules (HIPAA, FDA), and financial services compliance.
  • We are not liable for any claims, damages, or losses arising from your use of AI-generated content.
  • AI prompts and responses are processed by our AI providers (Anthropic and OpenAI) under strict data processing agreements. Your prompts are not used to train their general-purpose models.

9. Data Ownership

Your data is yours — always. You retain full ownership of all Customer Data uploaded to or created within the Platform.

“Customer Data” includes contact lists, email content, campaign configurations, templates, analytics data, reports, and all other content you upload, create, or generate using the Platform.

You grant Borak Solutions LLC a limited, non-exclusive, royalty-free licence to process, store, and transmit your Customer Data solely for the purpose of providing the Platform services to you. This licence terminates when your subscription ends and your data is deleted in accordance with our data retention policy.

You may export all of your Customer Data at any time in standard formats (CSV, JSON) through the Platform's export functionality. Upon account cancellation, you have a 90-day grace period to export your data before it is permanently deleted.

10. Intellectual Property

The Platform, including its source code, architecture, design, user interface, documentation, branding, logos, and all associated intellectual property, is owned exclusively by Borak Solutions LLC and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes during the term of your subscription. This licence does not include the right to modify, copy, distribute, sell, or create derivative works based on the Platform.

All trademarks, service marks, and trade names used on the Platform — including “BorakDesk”, “Borak Solutions”, “Campaign Agent”, “MRI Engine”, “Brand Voice DNA”, and “Campaign Velocity Index” — are the property of Borak Solutions LLC.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORAK SOLUTIONS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Termination

By you: You may cancel your subscription and terminate your account at any time through your account settings or by contacting support at support@borakdesk.com. Upon cancellation, your account enters a 90-day grace period during which you may access and export your data. After 90 days, all data is permanently deleted.

By us: We may suspend or terminate your account immediately, without prior notice, if you violate these Terms, engage in fraudulent activity, fail to pay subscription fees, or if we are required to do so by law. We may also terminate your account with 30 days' notice for any other reason, including discontinuation of the Platform.

Upon termination for any reason, the following sections survive: Acceptable Use Policy, Data Ownership, Intellectual Property, Limitation of Liability, Governing Law, and Dispute Resolution.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Milwaukee County, Wisconsin, and you consent to the personal jurisdiction of such courts.

14. Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute or claim arising out of or relating to these Terms through good-faith negotiation. You must send a written notice of the dispute to legal@borakdesk.com, describing the nature of the claim and the specific relief sought. We will attempt to resolve the dispute within 30 days of receiving your notice.

If the dispute is not resolved through negotiation within 30 days, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Milwaukee, Wisconsin, by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgement in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than arbitration, you waive any right to a jury trial.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

15. Contact

If you have questions about these Terms of Service or need to contact us for any reason, please reach out:

  • General inquiries: hello@borakdesk.com
  • Legal matters: legal@borakdesk.com
  • Billing support: billing@borakdesk.com
  • Security concerns: security@borakdesk.com
  • Company: Borak Solutions LLC
  • Address: Milwaukee, WI, USA
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AI Marketing Suite by Borak Solutions LLC

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