Terms & Conditions

last updated 28th October 2021

These Terms of Service ("TOS") represent a binding contract between you and IQClub Inc, and by creating an account ("Account") or otherwise accessing BrainApps, you expressly agree to be bound by them. The TOS incorporate the provisions of the Privacy Policy , Responsible Disclosure Policy and Payment Policy, so please review them carefully as well. If you do not agree to be bound by the TOS, you may not use or purchase BrainApps.

Thank you for using BrainApps! BrainApps is created by IQClub Inc ("IQClub," "our," "us," "we," or "BrainApps"). These TOS govern the use of BrainApps services online (1) at BrainApps.io, (2) on mobile devices, and (3) on any other services that include a link to and/or copy of this TOS on the homepage of the applicable website or similar location (e.g. a settings page) for any applicable mobile applications (collectively, "BrainApps"), which are owned and operated by IQClub.

IQClub Inc is located at: 1680 Michigan Ave Suite 700 #283 Miami Beach, FL 33139, USA

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in BrainApps in any manner, and each of your heirs, assigns, and successors.

Eligibility

To use BrainApps you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent to agree to these TOS. If IQClub has previously prohibited you from accessing or using BrainApps, you are not permitted to access or use BrainApps.

Your Account Information

BrainApps provides a personalized content and training experience. When you create an Account, we require you to provide information about yourself, including your email address and a password ("Account Information"). You agree to provide accurate, current, and complete information during the registration process, and to update information to keep it accurate, current, and complete. We may allow you to register for an Account using third-party account and log-in credentials, such as Facebook and Google. You are solely responsible for safeguarding your Account Information or any log-in credentials for any third-party account. You are solely responsible for all activity that occurs on your Account, and you will notify us immediately of any unauthorized use. IQClub will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or Account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by IQClub or a third party due to someone else using your Account.

Intellectual Property

BrainApps is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store BrainApps content in any form outside of BrainApps and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any BrainApps content. You agree that all data and algorithms in our flash files and associated servers are "trade secrets" as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in BrainApps. All intellectual property rights in BrainApps are, as between you and IQClub, the sole and exclusive property of IQClub.

Some BrainApps features either now or in the future may allow you to post or submit content and materials for publication on BrainApps ("Your Content"). You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer BrainApps or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.

We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you.

User Content and Feedback

Some BrainApps features either now or in the future may allow you to post, transmit, or submit content and materials to, through, or on BrainApps (collectively, "Your Content"). Your Content may or may not be viewable by other users. You are responsible for Your Content, and acknowledge that once published, we cannot always control who can access and copy it.

You own any intellectual property rights to Your Content, but you grant IQClub a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish Your Content for purposes of enabling us to offer BrainApps or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. Notwithstanding the foregoing, our use of your personal data shall be governed by our Privacy Policy.

You acknowledge and agree that Your Content is your sole responsibility. You further agree that you have all required rights to post, transmit, or submit Your Content to, through, or on BrainApps without violation of any third-party rights. You understand that IQClub does not control, and is not responsible for, Your Content, and that by using BrainApps, you may be exposed to content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Content from other users may contain typographical errors, other inadvertent errors, or inaccuracies. You will indemnify, defend, and hold harmless IQClub for all claims resulting from Your Content. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

You acknowledge and agree that IQClub and its designees may or may not, at IQClub’s discretion, pre-screen Your Content before its appearance on BrainApps, but that IQClub has no obligation to do so. You further acknowledge and agree that IQClub reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any of Your Content that is contributed to BrainApps. Without limiting the foregoing, IQClub and its designees shall have the right to remove any of Your Content that violates these TOS or is otherwise objectionable in IQClub’s sole discretion. You acknowledge and agree that IQClub does not verify, adopt, ratify, or sanction Your Content, and you agree that you must evaluate and bear all risks associated with your use of any content from other users or your reliance on the accuracy, completeness, or usefulness of that content.

We appreciate when you provide us feedback, comments, questions, or suggestions concerning BrainApps, IQClub, or our services (collectively, "Feedback"). By sending us any Feedback, you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against IQClub and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or BrainApps.

We are providing you with access to BrainApps pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. You can use BrainApps for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from BrainApps by applicable law and your Account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use BrainApps. IQClub reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Your License to Use BrainApps

Canceling Your Account

While we hope you enjoy using BrainApps, you may cancel your account at any time by contacting our customer support team. For information about the availability of refunds, please review our Payment Policy.

Restrictions and Prohibited Uses

BrainApps is used by millions of people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:

Attempt to impersonate another person or use another person’s BrainApps account information without authorization;
Use or distribute BrainApps for your own scientific or clinical research purposes;
Use or distribute BrainApps for commercial purposes;
Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these TOS), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through BrainApps, by any means except as provided for in these TOS;
Violate or attempt to violate BrainApps’s security features, including logging into a server that you are not authorized to access, violating the restrictions in any robot exclusion headers, or probing the vulnerability of BrainApps systems and networks;
Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device or any malicious code);
Redistribute, decompile, reverse engineer, publish, or copy BrainApps, including cracking its flash (.SWF) files;
Use BrainApps for the purpose of creating a product with a substantially similar look, feel or design;
Access or search BrainApps by any means other than our publicly supported interfaces (for example, scraping, in-line linking, framing, or using any robot, spider, web crawler, or any other method of access other than manually accessing the publicly-available portions of BrainApps or accessing BrainApps through any API approved by IQClub);
Interfere with others’ use and enjoyment of BrainApps;
Post or do anything that could disable, overburden, or impair the proper working of BrainApps;
Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
Use BrainApps or any trademarks, game names, trade names, service marks, copyrights, or logos of IQClub, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
Violate any third party’s rights, including intellectual property or privacy rights;
Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your Account, and may also subject you to civil or criminal penalties.

Disclaimers

YOU AGREE THAT USE OF BRAINAPPS IS AT YOUR OWN SOLE RISK AND THAT BRAINAPPS IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IQCLUB AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING BRAINAPPS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.

If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." This release includes the criminal acts of others.

IQCLUB STRIVES TO MAINTAIN BRAINAPPS ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO BRAINAPPS AT ALL TIMES.

BRAINAPPS IS NOT A MEDICAL SERVICE AND IS NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND BRAINAPPS IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE.

Limitation of Liability

IN NO EVENT SHALL IQCLUB OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO BRAINAPPS FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO BRAINAPPS; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF BRAINAPPS; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN IQCLUB AND YOU. YOU UNDERSTAND THAT BRAINAPPS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you. If you are a New Jersey resident, then the limitations herein specifically do apply to you.

Indemnity

You will indemnify and hold harmless IQClub, its affiliates, officers and/or employees (and all successors and assigns of any of the foregoing), including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Your Content, your violation of any applicable law, or the violation of the TOS by you.

Third-Party Links and Services

Through BrainApps, you may be able to obtain (1) information and content provided by third parties; and (2) links to third-party websites or resources. IQClub is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that IQClub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

Modification and Termination

IQClub reserves the right at any time to modify or discontinue, temporarily or permanently, BrainApps (or any part thereof), with or without notice. You agree that IQClub shall not be liable to you or any third party for any modification, suspension or discontinuance of BrainApps.

These TOS are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of BrainApps at any time for any or no reason at all, with or without notice to you. If we terminate your right to access BrainApps, these TOS will terminate and all rights you have to access BrainApps will immediately terminate; however, certain provisions of these TOS will still apply post termination, including without limitation, the Agreement to Arbitrate and Waiver of Class Action Claims provisions. Termination of your Account may also include, at IQClub’s sole discretion, the deletion of your Account and/or Your Content.

General

(a) Severability and Waiver. Except as set forth in the Agreement to Arbitrate and Waiver of Class Action Claims section, if any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.

(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act ("FAA"), the TOS are governed by California law without regard to conflict of law provisions.

(c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on BrainApps or by posting an updated TOS on BrainApps at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law your continued use of BrainApps following the effective date means that you agree with, and consent to be bound by, the updated TOS.

(d) Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by IQClub on BrainApps, the TOS shall govern, unless otherwise indicated. Sections 2-13 shall survive any termination of the TOS.