Terms & Conditions - last updated 10th September 2016
The following information defines the conditions under which the use of BrainApps is operated by Blumaro LLC, Novoslobodskaya 50/1 build 1 flat 9, 127055 Moscow, Russia (hereinafter "BrainApps").
1. Description of the scope of service
BrainApps operates an Internet brain training platform and provides customers with both free and paid services.
All customers can register for free, take a fitness assessment, create a profile and play a limited set of brain games.
Basic members still have the option to subscribe for "paid membership". However, an obligation to pay only arises when the customer confirms the order of the paid membership and associated payment with a click. Prior to the end of any subscription duration, paid members will be informed about the outstanding payment due.
BrainApps is entitled to engage third party service providers and agents for the whole spectrum of the BrainApps service. However, this should not negatively impact the customer.
BrainApps ensures service availability for 99% of the calendar year. This does not include failures of the service, for example for essential maintenance or technical failures of the Internet.
2. Access / Contract Confirmation
In order for customers to access BrainApps services they must register. For the registration the customer requires a valid e-mail address, his name and a self-chosen password.
Once an e-mail address and password are entered into our website, registration is considered complete. The registered user then enters into a contractual relationship with BrainApps for a free membership. This is governed by the provisions set out in these terms and conditions.
After registration, the customer receives a notification via e-mail confirming the contract for the free membership.
An order for paid membership is confirmed once the registered customer clicks the final payment button “Purchase (via secure server)”, after entering their payment information. This customer then enters into another contractual relationship with BrainApps, in addition to the free membership.
The registration/order process allows customers to check and amend any errors before submitting their registration form or order to BrainApps.
The customer will be informed before the conclusion of a fee-based contract about the features of each chargeable service, prices and payment terms.
The contract for the paid membership comes into effect with the sending of the order confirmation e-mail sent by BrainApps.
In the confirmation e-mail the customer will receive an electronic copy of the contract data (membership information. The contract information is also stored by BrainApps.
If the customer does not pay any amount due under the contract, BrainApps is entitled to suspend the customer's access temporarily until the outstanding payment is received or to terminate the contract. The contract period shall remain unaffected by the temporary closure.
3. Terms of Payment
The following payment methods are accepted: credit card or payment via PayPal.
The invoice amount for the chosen timeframe is paid to BrainApps in advance without any deductions.
With the completion of the paid membership duration (the reaching of the end date of a paid subscription) and the disclosure of payment details, the customer grants BrainApps permission to process payment.
4. Data Use, Data Sharing and Data Forwarding
BrainApps takes care to respect the legal data protection regulations, in particular the EU Data Protection Directive 95/46/EC.
5. Cancellation, Automatic Renewal, Termination
The cancellation of the free membership (deleting the profile) is possible at any time. To do this, write a short email to [email protected]
To give you continued access to all advantages of the PREMIUM membership, the subscription renews after the end of your subscription period for the same time period of your previous subscribtion at a standard price automatically.
To cancel your subscription, please user the link here: httpss://BrainApps.io/payments/cancel_subscription
Please follow the current cancellation dates:
1 month subscription: Cancellation latest 2 weeks prior to end of subscription period
1 year subscription: Cancellation latest 12 weeks prior to end of subscription period
Unlimited subscription: Cancellation first 2 weeks after start of subscription period
You can also send us the written notice to our email at [email protected] or in writing:
- Customer Service -
Novoslobodskaya 50/1 build 1 flat 9, 127055 Moscow, Russia
After termination of the paid membership, the status of the customer is automatically changed to free membership with the resulting limited scope of use.
Both parties retain the right to terminate paid and unpaid membership if an Event Outside Our Control takes place. An Event Outside Our Control means any act or event beyond our reasonable control, [including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks]. BrainApps will not be liable for any failure to perform or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an Event Outside Our Control.
Once BrainApps has begun to provide the services, either party may terminate the contract with immediate effect by giving written notice to the other party (in the manner specified in paragraph 3 above where the customer is the terminating party) if the contract is broken in a material way and the offending party does not fix or correct the situation within 14 days of the innocent party asking the offending party to fix or correct the situation in writing.
The right of termination provided for in this section 5 is in addition to that provided for under the Cancellation Policy set out at the end of these Terms and Conditions
6. Liability of BrainApps
If BrainApps fails to comply with these terms and conditions, BrainApps is responsible for loss or damage the customer suffers that is a foreseeable result of its breach of these Terms and Conditions or its negligence, but BrainApps is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of BrainApps‘s breach or if they were contemplated by the customer and BrainApps at the time the parties entered into the contract.
7. Responsibilities and Obligations of the Customer / Prohibited Practices / Exemption
The customer is alone responsible for the content of their application and therefore for the information he/she provides about himself/herself.
The customer assures that the data given are true and describe him/her personally. Both parties agree that BrainApps has the right, but not the obligation, to verify the accuracy of the data if necessary.
The customer assures that he/she does not pursue commercial and/or business purposes in connection with their membership. She/he agrees not to use the contact portal for commercial or business purposes (see below, point "g").
The customer assures that in the context of offers and services from BrainApps he/she will not use any photographs, text, software or any other copyrighted information without having the necessary rights or consents for them.
The customer complies with all applicable laws for registration and use of the contact portal.
The customer may in particular under no circumstances (prohibited conduct):
give logins and personal passwords to third parties or share those with third parties;
An inadmissible commercial or business use in the sense of this provision is in particular:
the provision of goods or services in return for payment of any kind, the solicitation of making an offer, or a reference to an attainable offer elsewhere;
If the customer breaches any of the obligations listed in this section 7, BrainApps can be entitled to require compensation for any resulting damage or expenses. This does not apply if the user did not know he or she was committing a breach of section 7 and was not reckless in the sense of not caring whether or not he or she was committing a breach of section 7.
8. Blocking on Suspicion
BrainApps is entitled, in the case of a complaint from a third party, and on suspicion of a violation or breach of these terms and conditions, to delete the member’s content, which triggered this suspicion or complaint. The complaint itself, however, does not serve as justifiable grounds for BrainApps to terminate the member’s contract. For termination of the contract, a breach of the conditions specified in these Terms and Conditions has to be identified.
If a warning is deemed reasonable by BrainApps, BrainApps must give the customer the opportunity to eliminate the suspicion or to remedy the situation before blocking or removing the content. If a warning is not reasonable, for example, because the blocking or removal is needed to prevent a possible damage to BrainApps or another customer, BrainApps will inform the customer immediately afterwards about the blocking or removal and then give them the opportunity to comment and request help.
BrainApps can always delete the content or keep the profile blocked when BrainApps is requested to do so by a court or by state authorities, or if the contract is terminated in accordance with these Terms and Conditions. The same applies if the cancellation or revocation is necessary to prevent an imminent harm to BrainApps or another customer.
The customer's obligation to pay the contractually agreed remuneration as part of a paid membership remains unaffected by the blocking of content. If the customer's access to the paid membership was blocked and the closure in hindsight proves to be unwarranted, the duration of the paid membership will be extended accordingly. If an extension is not possible or objectively unreasonable, BrainApps will reimburse the blocking period and the corresponding fee.
9. Cancellation Policy
9.1. Right of Withdrawal
You have certain rights under the UK’s Consumer Distance Selling Regulations 2000 (“Regulations”).
Before BrainApps begins to provide the Services, you have the following right to cancel the contract for BrainApps’ Services:
You may cancel the contract at any time within 7 working days from the day after receiving the email from BrainApps confirming the registration.
If you cancel the contract under the above paragraph (9.1a) and you have made any payment in advance for the Services, BrainApps will refund these amounts to you.
You can exercise the right to withdrawal under this paragraph 9.1 by notifying us by:
Novoslobodskaya 50/1 build 1 flat 9, 127055 Moscow, Russia
BrainApps will confirm your withdrawal in writing to you.
BrainApps offers two products: one browser-based (www.BrainApps.io) and one mobile App. In the case of an in-app purchase, the right to withdrawal is forfeited ahead of time, given that you have agreed that the contract starts prior to expiration of right to withdrawal and that you know that with this consent, the right to withdrawal is forfeited at the time of activation.
9.2. Cancellation and Consequences
After the initial 7 days of your first subscription, your Right of Withdrawal expires. You will then be able to stop the renewal of your current contract by using your option of cancellation. After cancellation of the paid membership, your status is automatically changed to a free membership with the resulting limited scope of use. Early cancellation does not entitle you to any reimbursement or refund for the remaining duration of the contract, and you are still liable for any outstanding payment due for the originally agreed subscription term. You must satisfy obligations to reimburse payments within 30 days after dispatch of your written notice. More detailed information about Cancellation, Renewal and Termination can be found in the above Section 5.
Welcome to the web site (the "Site") of BrainApps, Inc. (doing business as BrainApps). This Site is operated by BrainApps and has been created to provide information about our company and the BrainApps brain training services, whether accessible to you via web, mobile app or other platform (our services, together with the Site, are the "Services") by visitors and users of the Services ("you" and/or "your").
Who we are:
We are Blumaro LLC, incorporated at Novoslobodskaya 50/1 build 1 flat 9, 127055 Moscow, Russia.
We will refer to these companies together as "BrainApps", "we", "us" and/or "our".
Our legal status under applicable data privacy laws
BrainApps is the data controller under the United Kingdom's Data Protection Act 1998 and applicable EU legislation including the Data Protection Directive and the Privacy and Electronic Communications Directive.We comply with the U.S. - E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set out by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification, please visit https://www.export.gov/safeharbor/.
Information We Collect:
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services, which typically includes your: (i) name; (ii) telephone number; (iii) email address; (iv) home address; (v) information about your home which you give us; (v) your payment details; (iv) your IP address; and (vi) any other personal information which you give us in connection with the Services.
Non-Identifiable Data: When you interact with BrainApps through the Services, we receive and store certain information which does not identify you personally (referred to as personally non-identifiable information in the USA and non-personal data in the European Union). Such information is collected passively using various technologies. This includes:
BrainApps may store such information itself or such information may be included in databases owned and maintained by BrainApps's affiliates, agents or service providers. The Services may use such information and pool it with other information on an anonymised and generalised basis to track, for example, the total number of users of our Services, the number of visitors to each page of our Site and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
In operating the Services, we may use a technology called "cookies."
Our Use of Your Personal Data and Other Information:
By providing us with the information about you discussed above, you consent for us and our subsidiaries and affiliates (the "BrainApps Related Companies to use that information in the following ways:
(1) to implement and monitor any BrainApps bookings which you make using our Services; (2) to share your Personal Data with BrainApps professionals in order to carry out your BrainApps bookings using our Serviecs; (3) to ensure that content from our Services is presented in the most effective manner for you and for your computer or other device from which you access the Services; (4) to provide you with information, products or services that you request from us or which we feel may interest you; (5) to carry out our obligations arising from any contracts between you and us; (6) to allow you to participate in interactive features of our Services, when you choose to do so; (7) to notify you about changes to our Services; (8) to improve or modify the Services, for example based on how you use our Services; (9) to calculate conversion rates and other elements of Services' performance; and (10) for marketing purposes (which we discuss further below).
Our Disclosure of Your Personal Data and Other Information:
BrainApps is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties, as set out below:
Scientists: We will share anonymised training data with scientists to advance the research of cognitive functions.
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Legal Requirements: BrainApps may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of BrainApps, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
Marketing and advertising: BrainApps and its affiliates may use Personal Data to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
We do not disclose personal information about identifiable individuals to advertisers, but we may provide them with aggregate and/or anonymised information about our users to help advertisers reach the kind of audience they want to target. We may make use of the information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
You can visit the Services without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain BrainApps Services.
Where and how we store your personal information:
You are responsible for any public publishing of information including Personal Data (for example on a discussion forum). Please remember that this may mean third parties gaining access to that information, for which you will be responsible.
Links to Other Web Sites:
BrainApps takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free; any transmission is at your own risk. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to BrainApps via the Internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Registered BrainApps users will have an account name and password which enables you to access certain parts of our Services. You are responsible for keeping them confidential. Please don't share them with anyone.
Other Terms and Conditions:
In the European Union
If you are a European Union citizen, you have the right to ask us not to process your personal information for marketing purposes by contacting us at [email protected] EU data protection legislation gives EU citizens the right to access information held about you. Any access request may be subject to a small administrative fee to meet our costs in providing you with details of the information we hold about you. You may also email us at [email protected] to request that we delete your personal information from our database. We will use commercially reasonable efforts to honour your request. We may retain an archived copy of your records as required by law or for legitimate business purposes (and if so we will explain this to you at the time).
Your California privacy rights
Under California law, California residents who have an established business relationship with us may choose to opt out of disclosure of personal information about them to third parties for direct marketing purposes. If you choose to opt-out at any time after granting approval, email [email protected]
Access to Information; Contacting BrainApps:
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.
You may contact us as follows: [email protected]