Terms of Use and End User License Agreement
Last updated: January 2025
I. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the
“Agreement”), together with all referenced documents, constitute a
legally binding agreement between you as an individual (“you,”
“your,” or “user”) and AIBY Inc. (“we,” “us,” or “our”), regarding
your access to and use of the web pages available at the domain “https://brain-gain.app/“ (hereinafter, the 'Website'), as well as your purchases of
subscriptions and other optional features related to the Brain Gain
mobile App introduced on the Website (hereinafter, “Brain Gain App”
or “App”). All the documents that relate to the Website are hereby
expressly incorporated herein by reference.
Please carefully read this Agreement before using the Website or
making any purchases. It is important that you read and understand
this Agreement as by using the Website or making any purchases you
indicate that you have read, understood, agreed and accepted the
Agreement. By using the Website or making any purchases you agree to
abide by this Agreement.
If you do not agree with this Agreement or any of its provisions,
you are not authorized to access or use the Website, and you must
promptly discontinue any access, use, or purchases.
Note that the present Agreement governs only the use of the Website
and
does not regulate the use of Brain Gain App
(hereinafter, the “App”). Therefore, if you want to learn the rules
and regulations applicable to the App introduced on the Website,
please visit the corresponding Brain Gain App Terms of Use.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the Website after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE WEBSITE
The Website and its offerings are not intended for children.
Therefore, we do not knowingly or intentionally collect or solicit
any personal information from children. For the purposes of this
section the terms “child” and/or “children” in the context of data
processing activities may be interpreted on a case-by-case basis as
prescribed by applicable data protection laws. No one who is
considered a “child” under applicable data protection laws is
allowed to directly provide any personal information to the Website.
As a general rule we consider a person under the age of 16 to be
regarded as “a child” until we have legal grounds to conclude that a
person under 16 should be treated as an adult as per provisions of
local data protection rules or based on the parent authorization
provided to us directly.
Solely the holders of parental responsibility are liable for
preventing their children from providing personal information via
the Website without relevant verifiable parental consent. If we
learn that we have collected personal information from a child
without verification of parental consent, we will erase that
information as quickly as possible. If you reasonably believe that
we might have any information from or about a child, or a child has
directly provided us with personal information via the Website
without verifiable parental consent, please contact us.
IV. GENERAL TERMS
The Website is designed for general information and promotional
purposes. It provides information about the App, including
descriptions of its functionalities, subscription plans, and more,
while allowing users to purchase subscriptions and make other
optional purchases related to the App's features.
We care about people’s privacy. The Website may use anonymous
reviews based on real user experiences to demonstrate the App's
features.
The Website is intended only for your personal non-commercial use.
You shall use the Website only for the purposes mentioned above.
You agree not to use the Website for any illegal, inappropriate or
unauthorized purpose or activity.
V. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to and use of the Website are subject to the Privacy Policy. By accessing and using the Website, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop accessing and(/or) using the Website. Please read our Privacy Policy carefully.
VI. END USER LICENSE AGREEMENT
By using the Website, you undertake to respect our intellectual
rights (intellectual rights related to the Website’s source code,
graphic design, user interface, look and feel of the Website,
content material, copyright and trademarks, hereinafter referred to
as the “Intellectual Property Rights”) as well as those owned by
third parties.
As long as you keep using the Website, we grant you a limited,
non-exclusive, non-transferable, non-sublicensable, non-assignable
and revocable right to access and use the Website pursuant to this
Agreement (the “License”).
You may use our Website solely for your own non-commercial
purposes. You must respect the copyrighted and trademarked
material on the Website and related to purchases. You may not sell
pictures, articles, videos, or other materials available on the
Website.
The source code, design, and content, including information,
photographs, articles, illustrations, artwork, and other graphic
materials, sounds, music, or video (hereinafter referred to as the
'works'), along with names, logos, and trademarks (hereinafter
referred to as 'means of individualization') within the Website, are
protected by copyright, other relevant laws, and/or international
treaties, and belong to us, our partners, or contracted third
parties, as applicable.
These works and means of individualization may not be copied,
reproduced, retransmitted, distributed, disseminated, sold,
published, broadcasted or circulated whether in whole or in part,
unless expressly permitted by us and/or our partners and/or
contracted third parties, as the case may be.
All rights, title and interest in and to the Website and its
content, works and means of individualization as well as its
functionalities (1) are the exclusive property of AIBY Inc. and/or
our partners and/or contracted third parties, (2) are protected by
the applicable international and national legal provisions, and (3)
are under no circumstances transferred (assigned) to you in full or
in part within the context of the License herewithin.
We will not hesitate to take legal action against any unauthorized
use of our works, trademarks, names or symbols to protect and
restore our rights. All rights not expressly granted herein are
reserved. Other product and company names displayed on the Website
or mentioned herein may also be the trademarks of their respective
owners.
VII. PROHIBITED BEHAVIOR
You agree not to use the Website in any way that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right or trademark of any other person;
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You shall not modify, translate into other languages, reverse
engineer, decompile, disassemble or otherwise create derivative
works from the Website or any documentation concerning the Website.
You shall not transfer, lend, rent, lease, distribute the Website,
or use it for providing services to a third party, or grant any
rights to the Website or any documentation concerning the Website to
a third party.
The misuse of any trademarks or other content displayed on the
Website is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish
and/or use any content in the Website directly or indirectly, by way
of a violation of our Intellectual Property Rights. Moreover, you
shall not make any attempts to use the Website or part thereof for
malicious intentions.
Also we are not responsible for the way you use the Website.
It is clarified that we may adopt, against a user who violated the
present Agreement, any legal measures at our disposal pursuant to
the applicable laws.
VIII. AVAILABILITY OF THE WEBSITE, SECURITY AND ACCURACY
In order to use the Website, you are required to have a compatible
electronic device (computer, mobile phone or tablet) and Internet
access.
We do not warrant that the Website will be compatible with all
hardware and software which you may use.
We make no warranty that your access to the Website will be
uninterrupted, timely or error-free. You acknowledge that the
Website is provided via the Internet, therefore, the quality and
availability of the Website may be affected by factors outside our
reasonable control. We may add new features to the Website, change,
update, upgrade, modify it or anything described in it without
noticing you. If the need arises, we may suspend access to the
Website, or close it indefinitely.
You also warrant that any information that you submit or send us via
the Website is true, accurate and complete.
If you decide not to use the Website for any reason you should stop
accessing the Website.
IX. CHARGES
Please note that access to some services and/or additional features
within the App (“Premium options”) requires a paid subscriptions.
The list of Premium options for the App is generally provided on the
App’s page on the App Store.
To learn more about purchases, free trial periods, how to cancel
your subscription, payment methods, our refund policy, etc. visit
our
Subscription Additional Purchases Terms.
X. THIRD PARTY WEBSITES AND RESOURCES
The Website may link to other sites on the Internet and engage
contracted third parties to provide certain services. We have no
control over, and accept no responsibility for, the content of any
website or mobile application to which the Website links (unless we
are the provider of those linked websites or applications). Such
linked third party websites and mobile applications are provided “as
is” for your convenience only with no warranty, express or implied,
for the information provided within them.
You acknowledge sole responsibility for and assume all risk arising
from your use of any third party websites or resources.
If you have any queries, concerns or complaints about such third
party websites or mobile applications (including, but not limited
to, queries, concerns or complaints relating to products, orders for
products, faulty products and refunds) you must direct them to the
operator of that third party website or mobile application.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, CONTENT OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE OR ITS SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER
DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE
WEBSITE AND SERVICES PROVIDED BY THE WEBSITE. WE SHALL NOT BE LIABLE
UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN
IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES
ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR
INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED
THROUGH THE WEBSITE OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY
ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT
OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE
WEBSITE AND ITS SERVICES IN ANY COUNTRY.
Please note that all content available on or through the Website is
provided for general information and promotional purposes only. Such
content is not intended to be and is not a substitute for any
professional advice. AIBY Inc. expressly disclaims and you expressly
release AIBY Inc. from any and all liabilities arising from any
claim, loss, injury and/or damage resulting from your use of any
content available within or through the Website.
XIII. LEGAL COMPLIANCE
You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIV. GOVERNING LAW AND CLAIMS
Choice of law and choice of forum clauses. The
present Agreement shall be governed by and interpreted, construed in
accordance with the laws of the state of Florida, USA.
All disputes and claims, suits, causes of action or proceedings
between the parties to this Agreement, whether sounding in contract,
tort, equity, law, or otherwise, including those arising out of or
related to this Agreement, inter alia, pertinent to its performance,
alleged breach shall be (i) governed by, construed in accordance
with substantive and procedural laws of the state of Florida, USA,
excluding and without giving effect to its choice of law provisions;
and (ii) shall be exclusively decided by the courts of competent
jurisdiction of the state of Florida, USA, to the exclusion of other
courts and fora.
We make no representations that the Website is appropriate or
available for use outside of the USA. Those who access or use the
Website from other jurisdictions do so at their own volition and are
responsible for compliance with local law. If you choose to access
or use the Website from or in locations outside of the United
States, you are responsible for:
a) ensuring that what you are doing in that country is legal; and
b) the consequences and compliance by you with all applicable laws,
regulations, bylaws, codes of practice, licenses, registrations,
permits and authorizations.
Class Action Waiver. WHILE RESOLVING ANY DISPUTE
WITH US AND/OR SEEKING ANY RELIEF FROM US YOU EXPRESSLY AGREE TO
WAIVE THE RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS
ACTION LAWSUITS AND/OR PROCEEDINGS.
If any controversy, allegation, or claim (including non-contractual
claims) arises out of or relates to the Website, the services
provided by the Website, or this Agreement, you and we agree to send
each other written notice of the dispute, including a reasonable
description and a proposed resolution. The notice shall be sent
based on the most recent contact information. For a period of sixty
(60) days from the date of receipt of notice from the other party,
you and us will engage in a dialogue in order to attempt to resolve
the dispute, though nothing will require either you or us to resolve
the dispute on terms which either you or us, in each of our sole
discretion, are uncomfortable with.
XV. TERMINATION
We reserve the right to terminate this Agreement at any time at our
sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to you
herein shall terminate; (b) you must cease all access and/or use of
the Website.
XVI. SEVERABILITY
If at any time any provision of this Agreement is or becomes
illegal, invalid or unenforceable in any respect, that provision
shall be more narrowly construed so that it becomes legal, valid and
enforceable or, if this is not possible, deleted. The other terms of
this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or transfer
the contract between you and us to any other person.
XVII. CONTACT INFORMATION
We reserve the right to respond to your requests, questions, commentaries or suggestions. For these purposes, you can contact us through the “Contact Us” form available on the Website or via email at [email protected].