Terms of Service

1. Acceptance of Terms

By clicking "Create account", completing registration, or otherwise accessing the Platform, you enter into a legally binding contract with BrainSumo under the Indian Contract Act, 1872. If you do not agree to these Terms, you must not use the Platform.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent platform notice. Continued use after changes are effective constitutes your acceptance of the revised Terms.

2. Eligibility and Age Requirement

In accordance with Section 11 of the Indian Contract Act, 1872, only persons who have attained the age of majority are competent to contract. You must be at least 18 years of age to register or use the Platform. Any account created by a person under 18 is void ab initio and will be terminated immediately upon discovery.

• You must be a natural person, company, or legal entity capable of entering contracts under applicable law.
• Solvers must be individuals based in India (Indian residents or citizens) to receive INR prize payouts.
• Clients may be based anywhere in the world. International clients accept that platform services are an "export of services" subject to Indian law.
• By registering, you warrant that all information provided is accurate, complete, and current.

3. Description of Service

BrainSumo is an online open innovation and crowdsourcing platform that connects companies ("Clients") with student and professional problem solvers ("Solvers") in India. Clients post business challenges with cash prize pools; Solvers submit original solutions; Clients select winners; BrainSumo facilitates prize payouts. BrainSumo acts as an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000 and is entitled to safe harbor protections under Section 79 of that Act, subject to compliance with applicable due diligence obligations.

4. User Accounts

• You are responsible for maintaining the confidentiality of your login credentials.
• You are responsible for all activities that occur under your account.
• You must notify us immediately at contact.brainsumo@gmail.com of any unauthorised access.
• One individual or entity may hold only one account per role (one Solver account, one Client account).
• We reserve the right to suspend or terminate accounts that violate these Terms.

5. Client Responsibilities

• Clients must pay the full prize pool plus platform fees before a challenge goes live.
• Clients must provide accurate, complete, and non-misleading challenge descriptions and requirements.
• Clients must select winners within 30 days of a challenge closing, unless an extension is agreed in writing with BrainSumo.
• Clients may not use, reproduce, or commercially exploit any submitted solution without awarding the applicable prize to the selected winner.
• Clients are responsible for ensuring their challenges comply with all applicable Indian and international laws, including intellectual property law.
• Indian Clients with annual turnover above ₹40 lakh (or ₹20 lakh for special category states) must maintain GST registration. Providing an incorrect GSTIN constitutes a misrepresentation under these Terms.

6. Solver Responsibilities

• Solvers must submit only original work that does not infringe third-party intellectual property, confidential information, or any applicable law.
• Solvers must not submit AI-generated content without clear disclosure in the submission.
• Solvers must not plagiarise other submissions or publicly available materials.
• By submitting to a challenge, Solvers grant the winning Client a perpetual, royalty-free, worldwide licence to use the winning submission as described in the individual challenge brief.
• Non-winning submissions remain the intellectual property of the Solver.
• Solvers are solely responsible for correctly disclosing and paying taxes on prize earnings in their Income Tax Returns. BrainSumo's TDS deduction under Section 194B does not discharge the Solver's full tax liability.
• Solvers must provide accurate bank account, IFSC code, and PAN details for KYC and payout purposes. Providing false information is an offence under the Indian Penal Code and the Prevention of Money Laundering Act, 2002.

7. Platform Fees and GST

BrainSumo charges a platform service fee on each challenge, expressed as a percentage of the prize pool and disclosed clearly at the time of challenge creation.

• GST (Indian Clients): Platform fees are subject to Goods and Services Tax (GST) at 18% under the Central Goods and Services Tax Act, 2017 and Integrated Goods and Services Tax Act, 2017. GST invoices will be issued with the applicable SAC code. Indian clients with a valid GSTIN may claim input tax credit on GST paid.
• GST (International Clients): Platform services provided to clients outside India qualify as "export of services" under Section 16 of the IGST Act, 2017 and are zero-rated (0% GST). Payments must be received through approved banking channels in accordance with the Foreign Exchange Management Act, 1999 (FEMA).
• Platform fees are non-refundable once a challenge is submitted for review. See our Refund & Cancellation Policy for details.

8. Taxation — TDS on Prize Winnings

BrainSumo is required by Indian law to deduct Tax at Source (TDS) on prize payments.

• Applicable law: Section 194B of the Income Tax Act, 1961.
• Threshold: TDS is deducted on any single prize payment exceeding ₹10,000 (amended by the Finance Act, 2025, effective April 1, 2025).
• Rate: 30% flat on the gross prize amount, plus 4% Health and Education Cess, resulting in an effective TDS rate of 31.2%.
• No deductions: The prize recipient (Solver) cannot claim deductions under Chapter VIA (e.g., Section 80C, 80D) against prize income, in accordance with Section 58(4) of the Income Tax Act, 1961.
• Form 16A: BrainSumo will issue a TDS certificate in Form 16A quarterly to Solvers for whom TDS has been deducted. Solvers must use this certificate to claim TDS credit when filing their ITR.
• Solver's ITR obligation: The gross prize amount must be declared as "Income from Other Sources" (Section 115BB) in the Solver's Income Tax Return at a flat rate of 30%, irrespective of their tax slab. Failure to disclose prize income in the ITR is a tax offence under the Income Tax Act.
• PAN mandatory: Solvers must provide a valid PAN (Permanent Account Number) in their profile to receive prize payouts. Absence of PAN may result in TDS at a higher rate under Section 206AA.

9. Prize Pool Escrow and Payouts

Prize pool funds collected from Clients are held in escrow and disbursed to winning Solvers net of applicable TDS. Payouts are made via IMPS to the Solver's Indian bank account registered on the Platform.

• BrainSumo uses Cashfree Payments, a Reserve Bank of India–licensed Payment Aggregator, to process client payments and solver payouts.
• IMPS transfers are subject to standard banking timelines (typically 1–2 business days).
• BrainSumo is not responsible for delays caused by the Solver's bank, incorrect account details, or RBI/NPCI system outages.
• Solvers must maintain accurate bank account information. BrainSumo will not be liable for misdirected payments due to incorrect details provided by the Solver.

10. Intellectual Property

BrainSumo and its licensors own all intellectual property in the Platform, including its design, software, trademarks, logos, and content (excluding user-submitted content). No portion of the Platform may be reproduced, distributed, or used commercially without our prior written consent.

User-submitted content (challenge briefs, submissions) remains the property of the respective uploader, subject to the licences granted under Sections 5 and 6 of these Terms.

11. Prohibited Conduct

Users must not:

• Post challenges that are unlawful, defamatory, obscene, or violate third-party rights.
• Submit plagiarised, AI-generated (without disclosure), or fraudulent solutions.
• Attempt to manipulate challenge outcomes, ratings, or reviews.
• Use the Platform for money laundering, terrorist financing, or any activity prohibited under the Prevention of Money Laundering Act, 2002 or the Unlawful Activities (Prevention) Act, 1967.
• Circumvent, disable, or interfere with the Platform's security features.
• Use automated tools, bots, or scripts to access or interact with the Platform without our written consent.
• Impersonate any person, company, or entity.
• Collect or harvest other users' personal data from the Platform.

Violations may result in immediate account suspension, termination, and reporting to law enforcement authorities. BrainSumo cooperates fully with law enforcement investigations.

12. Refunds and Cancellations

All payments on BrainSumo are subject to our Refund & Cancellation Policy, which forms an integral part of these Terms. In general, platform fees are non-refundable and prize pool deposits become non-refundable once a challenge goes live. Exceptions are reviewed by the BrainSumo team on a case-by-case basis.

13. Data Protection and Privacy

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, store, and protect your personal data in compliance with the Digital Personal Data Protection Act, 2023, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Information Technology Act, 2000.

14. Limitation of Liability

To the fullest extent permitted by applicable Indian law:

• BrainSumo is not liable for any indirect, incidental, consequential, or punitive damages arising from your use of or inability to use the Platform.
• BrainSumo's aggregate liability to you for any claim shall not exceed the total fees paid by you to BrainSumo in the 12 months preceding the event giving rise to the claim.
• BrainSumo is not liable for the quality, accuracy, or legality of challenge content posted by Clients or solutions submitted by Solvers.
• BrainSumo does not guarantee that challenges will receive a minimum number of submissions.

15. Disclaimers

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. BrainSumo does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or malicious components.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of India. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.

Before initiating formal legal proceedings, parties agree to attempt resolution through good-faith negotiation for a period of 30 days from the date a dispute is notified in writing to the other party.

17. Grievance Officer

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Digital Personal Data Protection Act, 2023, BrainSumo has appointed a Grievance Officer to address user complaints.

18. Miscellaneous

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
• Entire Agreement: These Terms, together with our Privacy Policy and Refund & Cancellation Policy, constitute the entire agreement between you and BrainSumo.
• Waiver: BrainSumo's failure to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

19. Contact

For questions about these Terms, contact us at contact.brainsumo@gmail.com.