1.0 About our Services
Brain+ provides you with the applications called Recover Brain Training, Enhance Brain Training and Brain+ Brain Training. Recover Brain Training, Enhance Brain Training and Brain+ Brain Training consists of a set of games and associated tools (including performance statistics and automatically generated training plans) which are designed to help you and all our users measure and improve their cognitive performance.
2.0 Acceptance of Terms and Conditions
By using our services, you confirm that you have read and understood these terms and agree to abide by them. You confirm that either you are at least 18 years old or that if you are younger than 18, you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these terms.
If you do not agree to abide by these terms, you may not use Recover Brain Training, Enhance Brain Training or Brain+ Brain Training or any other services offered by Brain+. In this case, do not download Recover Brain Training, Enhance Brain Training or Brain+ Brain Training, or if you already have it installed, please stop using our service.
Brain+ may update these terms from time to time. If any material changes to the terms are made, the update will be mentioned first on our blog at https://www.brain-plus.com/blog.
3.0 Description of Service and Pricing
Brain+ provides you with two smartphone applications called Recover Brain Training, Enhance Brain Training and Brain+ Brain Training with a suite of features consisting of games and tools designed to help you measure and improve your mental performance. Unless otherwise stated, any further services that may be provided by Brain+ are also subject to these terms.
We reserve all other rights.
Once you have downloaded Recover Brain Training, Enhance Brain Training or Brain+ Brain Training, you will need to register to create an account before you can use it. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. Each account must be used individually and is not transferable.
You agree to not share your account with any third party, to immediately notify Brain+ should you suspect any unauthorised use of your account, to provide true, up-to-date and complete information about yourself during registration, and ensure this information remains up-to-date.
6.0 User Conduct
You agree to use Recover Brain Training, Enhance Brain Training or Brain+ Brain Training and any other applications offered by Brain+ in a proper and lawful manner, and ensure that you do not violate any applicable laws (whether international, national, state or local) or infringe the rights of any third parties.
You agree that you will not use Recover Brain Training, Enhance Brain Training or Brain+ Brain Training or any other applications offered by Brain+ to maliciously attempt to access or damage the data of other users or third parties, that you will not try to hack or unlawfully distribute or sell the software of Recover Brain Training, Enhance Brain Training or Brain+ Brain Training or any other applications released by Brain+, and that you will not attempt to interfere with any other party’s appropriate use of the service without their permission. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of Brain+.
You understand that should you violate these terms, Brain+ may terminate your right to access and use the service at our discretion without warning and without being obliged to provide a refund.
7.0 Termination of Service
Brain+ may terminate your access and use of the service at its discretion if it has good reason to believe you have breached these terms. In such circumstances, you are not entitled to any refund.
Brain+ may modify or discontinue, temporarily or permanently, the service (or any part of it) at its discretion. Notice of any such modification or discontinuance shall be posted on the blog wherever possible. You agree that Brain+ shall not be liable to you or to any third party for any modification or discontinuance of the service.
8.0 Intellectual Property
Brain+ (or its licensors) retains all intellectual property rights in its services including without limitation in Recover Brain Training, Enhance Brain Training or Brain+ Brain Training or any other applications released by Brain+, including all software and all other content provided by Brain+
Subject to the above, Brain+ grants you the limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use its software in accordance with these terms and for your non-commercial and personal use.
Your licence to use the Recover Brain Training, Enhance Brain Training or Brain+ Brain Training application is restricted to use of the object code of the Recover Brain Training, Enhance Brain Training or Brain+ Brain Training application, and it is a condition of such licence that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such software or any third party content.
You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Recover Brain Training, Enhance Brain Training or Brain+ Brain Training applications, in whole or in part, except with Brain+’s explicit permission.
You further agree: (i) to include our copyright notice on all entire and partial copies you make of the application on any medium in accordance with these terms; (ii) not to provide or otherwise make available the Recover Brain Training, Enhance Brain Training or Brain+ Brain Training application in whole or in part (including object and source code), in any form to any person without prior written consent from us; and (iii) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the application or any service.
You indemnify and hold Brain+, and its affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any content you provide, your use of the service (including without limitation the Recover Brain Training, Enhance Brain Training or Brain+ Brain Training application), your connection to the service (including without limitation the Recover Brain Training, Enhance Brain Training or Brain+ Brain Training application), your breach of these terms, or your violation of any rights of another person or entity.
10.0 Disclaimers and Limited Liability
You understand that all Brain+ services and apps are provided AS-IS and that you use such services and apps at your own risk. Brain+ disclaims all warranties of any kind, express of implicit, to the fullest extent possible having regard to applicable laws. This includes but is not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Brain+ does not assume any responsibility for any loss of your personal or non-personal data, loss of access to the service, or any other errors that may impede your use of the service.
We only supply the services for domestic and private use. You agree not to use the services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our maximum aggregate liability under or in connection with these terms (including your use of any services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount you paid us in the 6 months immediately preceding the event giving rise to a claim provided that nothing in these terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (ii) any other liability that cannot be excluded or limited by Danish law.
11.0 General Information
These terms and the relationship between you and Brain+ shall be governed by the laws of Denmark without regard to any conflict of law provisions of any jurisdiction. Both you and Brain+ agree to submit to the exclusive jurisdiction of the Danish courts, except that Brain+ may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms.
No person other than you and Brain+ shall have any rights under these Terms in relation to your use of our services.
Any failure of Brain+ to exercise or enforce any right or provision of the terms shall not constitute a waiver of this right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect.
You agree that these terms represent the entire understanding between you and Brain+ in respect of your relationship with Brain+ (except in respect of Paid Services, which are also governed by the Paid Services Terms). These Terms and Conditions supersede any previous agreements between you and Brain+ including any previous version of these Terms of Service.
Questions, comments and requests regarding our terms and conditions are welcomed and should be addressed to Brain+ ApS, Jorcks Passage Entrance A, 2nd floor, 1162 Copenhagen K, Denmark or firstname.lastname@example.org