General Terms and Conditions of Business and Use (GTC)
Last revised on 16 June 2024
1. Acceptance of the conditions
By creating an account or using the services of BrainE4 International AG (hereinafter "we" or "BrainE4"), you agree to be bound by these Terms, the Privacy Policy and other terms and conditions. If significant changes are made to your rights or obligations, we will notify you of these changes in an appropriate manner, e.g. by notifications via the Service itself or by e-mail. Changes will take effect upon further use of the Services.
2. Conditions of use
You must be at least 16 years old to create an account and use the service. Users who are listed in relevant registers or who have committed serious criminal offences are excluded from using the service.
3. Your BrainE4 account
You can sign in with an email address or your Google login and authorise us to access certain Google account information. You are responsible for the security of your access data and all activities under your account. If you suspect unauthorised access, please contact us immediately by email: contact@braine4.com.
4. Change of service and cancellation
We may modify or discontinue services and terminate your account without notice for violations of these Terms. We may suspend the Service entirely, in which case we will notify you in advance unless extenuating circumstances, such as security concerns, prevent us from doing so. You can cancel your account at any time by following the instructions under "Settings" in the Service.
5. Security; your interaction with other users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT BRAINE4 DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE CRIMINAL HISTORY AND BACKGROUND OF ITS USERS. BRAINE4 MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE BEHAVIOUR OF ITS USERS.
6. Rights granted to you by BrainE4 (licence and rights of use)
BrainE4 grants its customers a personal, worldwide, non-transferable, non-exclusive, revocable and non-sublicensable licence to access and use the Service free of charge in exchange for a licence fee and its target group. This licence is for the sole purpose of you using and enjoying the benefits of the Service in the manner intended by BrainE4 and permitted by this Agreement. You may not use the Service for commercial purposes, copy copyrighted material or interfere with the Service. Violations of these terms may result in termination of your account and legal action.
7. Rights you grant to BrainE4 (rights to content)
By creating an account, you grant BrainE4 a worldwide, transferable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute any information you provide us access to from your email address or Google. This includes information that you post, upload, display or otherwise make available on the Service (collectively, "post") or transmit to other users (collectively, "Content"). By submitting suggestions or feedback regarding our Service to BrainE4, you agree that BrainE4 may use and share this feedback for any purpose without compensation to you.
8. Community Guidelines
It is forbidden to use the service for illegal or harmful purposes, to harass other users or to post protected content without permission. The full Community Guidelines can be found on our website https://braine4.com and are an integral part of these GTC. Violations may result in the cancellation of your account.
9. Purchases
General BrainE4 may offer products or services for purchase ("In-App Purchases") through iTunes, Google Play, carrier billing, BrainE4 Direct Payments or other payment platforms authorised by BrainE4. If you choose to make an In-App Purchase, you will be asked to confirm your purchase with the relevant payment provider and provide your payment method (your card or third party account such as Google Play or iTunes). (your "Payment Method") will be applied to the in-app purchase at the prices displayed for the Services you have selected, as well as any VAT or similar taxes that may be charged on your payments, and you authorise BrainE4 or the third party provider, as applicable, to charge the relevant fee.
Automatic renewal; Automatic card payment. If you purchase an automatically recurring periodic subscription, your payment method for the subscription will continue to be charged until you cancel. After the first commitment period of your subscription, and again after each subsequent subscription period, your subscription will automatically continue for another equivalent period at the price you agreed to when you signed up. If you do not want your subscription to renew automatically, or if you wish to change or cancel your subscription, you must log in to your third-party account and follow the instructions there to cancel your subscription, even if you have already deleted your account with us or if you have already removed the BrainE4 application from your device. This means that if you delete your account with BrainE4 or delete the BrainE4 application from your device, your subscription will not be cancelled; BrainE4 will collect any amounts charged to your chosen payment method until you cancel your subscription on the third-party provider's account, if applicable. If you cancel your subscription, you may continue to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed at the end of your then-current subscription term.
Refunds. Any fees for purchases are generally non-refundable. There are also no refunds or credits for partially used time periods. We may make an exception if a refund for a subscription offer is requested within fourteen days of the date of the transaction, or if the applicable laws in your jurisdiction provide for refunds.
To request a refund:
If you purchased your subscription using your Apple ID, refunds will be processed through Apple, not BrainE4. To request a refund, go to iTunes, click on your Apple ID, select "Purchase History", locate the transaction and press "Report Problem". You can also submit a request via https://getsupport.apple.com.
If you have purchased your subscription using your Google Play Store account: Contact us, quoting your order number from the Google Play Store (you can find the order number in the order confirmation email, or by logging into Google Wallet). You may also send or deliver a signed and dated letter stating that you, the purchaser, are cancelling this Agreement, or a notice to the same effect, by post. In addition to the order number, please provide us with the e-mail address or telephone number associated with your account. This letter should be sent to the following address:
BrainE4 International AG
Cancellations
Alte Steinhauserstrasse 1
6330 Cham
Switzerland
10. Copyright infringements
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with all available information (including, but not limited to, a description of the infringement, proof of copyright ownership, contact information, etc.) at contact@braine4.com.
11. Exclusions of liability
BRAINE4 PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE" AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ANY CONTENT CONTAINED THEREIN), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BRAINE4 DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. ACCESS TO ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. BRAINE4 ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, OTHER USERS OR THIRD PARTIES POST, SEND OR RECEIVE THROUGH THE SERVICE.
12. Third-party services
The Service may contain links to other websites or internet resources. BrainE4 is not responsible for the availability (or lack of availability) of such external websites or internet resources.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAINE4, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, WHETHER DIRECTLY OR INDIRECTLY CAUSED, OR LOSS OF DATA, LOSS OF GOODWILL, LOSS OF USE OR OTHER INTANGIBLE LOSSES ARISING FROM: (I) YOUR USE OF OR ACCESS TO THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE; OR (III) UNAUTHORISED ACCESS, UNAUTHORISED USE, OR INABILITY TO USE THE SERVICE. YOUR INABILITY TO USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICE; OR (III) UNAUTHORISED ACCESS, USE OR MODIFICATION OF YOUR CONTENT, EVEN IF BRAINE4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. Place of jurisdiction and applicable law
Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the registered office of BrainE4 International AG.
15. Indemnification
You agree to indemnify and hold BrainE4 harmless from any claims arising from your use of the Service, including attorneys' fees.
16. Final provisions
This Agreement, including the Privacy Policy and all terms and conditions disclosed to you and agreed to by you, constitutes the entire Agreement. If any provision is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of BrainE4 to exercise any right or provision shall not constitute a waiver of such right or provision. Your account is non-transferable and will terminate upon cancellation or your death. This Agreement does not create any special relationship or employment relationship between you and BrainE4.