Brain Experiment App – End User License Agreement (EULA)

1. Acceptance of Terms

By downloading, installing, or using the Brain Experiment application (the “App”), you agree to be bound by this End User License Agreement (“EULA”). If you do not agree to these terms, do not use the App.

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction) to use the App. If you are between 13 and 18 years old, you represent that your parent or legal guardian has reviewed and agreed to these terms on your behalf. This EULA is a binding legal agreement between you and the App’s provider (“we” or “us”).

2. License Grant and Restrictions

We grant you a personal, non-transferable, non-exclusive, revocable, limited license to use the App and its content for your private, non-commercial use, strictly in accordance with this EULA. You agree NOT TO, and not to permit others to:

  • Copy, distribute, modify, reverse engineer, decompile, or disassemble the App or any part of it, except to the extent allowed by applicable law.
  • Sell, rent, lease, lend, or sublicense the App or make it available to multiple users by any means (except via an authorized Family Sharing program or equivalent.
  • Use the App for any unlawful or unauthorized purpose, or in any manner that could disable, damage, or interfere with the App or any other party’s use of the App.
  • Remove or obscure any proprietary notices or labels on the App. All logos, trademarks, and content in the App are owned by us or our partners and are protected by intellectual property laws.

Any breach of these license restrictions may result in immediate termination of this EULA and your rights to use the App. All rights not expressly granted to you are reserved by us and our licensors.

3. Health and Medical Disclaimer

The Brain Experiment App is intended for cognitive exercise and entertainment purposes only. We are not a medical or healthcare provider. The App is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition. Nothing in the App constitutes medical advice or a warranty of improved cognitive function. Always seek the advice of a qualified healthcare professional regarding any physical, cognitive or mental health concerns.

You should not rely on the App as a substitute for professional medical evaluation, advice, or treatment. While our brain training exercises are designed to challenge your cognitive skills, we make no promises or guarantees that using the App will produce any particular cognitive improvements or health benefits. Individual results can and will vary. Any improvements reported by users are anecdotal and not assured for all users.

If you experience any pain, dizziness, adverse symptoms, or other health issues while using the App, you should discontinue use immediately and consult a medical professional. You are responsible for your own health and well-being while using the App. You understand that your use of the App is voluntary.

4. Subscription, Fees, and Payment Terms

The Brain Experiment App may offer free features as well as premium content or features available through a paid subscription. By choosing to subscribe, you authorize us (or the applicable app store platform) to charge the subscription fees to your designated payment method.

  • Subscription plans (e.g., daily, weekly, monthly or annual) will automatically renew at the end of each billing period unless you cancel beforehand. We may change the subscription price; if we do, we will provide advance notice and an opportunity to cancel.
  • We might offer you a free trial period. It will begin when you activate the trial and last for the stated duration. Unless you cancel before the trial ends, your trial may automatically convert to a paid subscription and your payment method will be charged the applicable subscription fee at the trial’s end. You are only eligible for one free trial unless otherwise indicated.
  • You must provide a valid payment method (e.g., credit card or app store account) and ensure it remains up-to-date. By subscribing, you authorize us to charge your provided payment method for the subscription fees and any applicable taxes. If any payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel the account, we may suspend your access to Premium features until payment is provided or terminate your subscription.

5. Cancellation and Refunds

You may cancel your Subscription at any time. Cancellations can be made through the same platform where you subscribed. Deleting or uninstalling the App will not automatically cancel your subscription

If you cancel a subscription, you will retain access to the Premium features until the end of the current paid billing period. We do not provide prorated refunds for partial subscription periods.

All subscription purchases (including renewals) are final and non-refundable. We do not offer refunds or credits for unused time, partial use, or unsatisfied results. Residents of certain jurisdictions may have cancellation or refund rights under local law; any such rights will apply notwithstanding this policy.

If we offer a “lifetime” subscription or one-time purchase for unlimited access, the term “lifetime” refers to the period that we continue to support and offer the App and its services, not your individual lifetime. We make no guarantee as to the continued availability of the App for any minimum period. We reserve the right to modify or discontinue the App (or any part of it). A lifetime subscription is not transferable to any other person or account..

6. Disclaimer of Warranties

The App and all content, functionality, and services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express, implied, or statutory, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. We do not warrant that:

  • The App will meet your requirements or expectations, or that any specific results can be achieved;
  • The App will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected promptly;
  • The information or results obtained from the use of the App will be accurate, reliable, or suitable for your purposes;
  • The App is free of viruses or other harmful components. While we strive to maintain a safe and functional service, you understand that use of the App is at your own risk.

No advice or information (oral or written) obtained by you from us or through the App shall create any warranty not expressly stated in this EULA.

7. Limitation of Liability

In no event shall we or our parent company, affiliates, licensors, partners, suppliers, or our and their respective officers, employees, agents, or contractors, be liable for:

  • Indirect or Consequential Damages: Any indirect, incidental, special, exemplary, punitive, or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data, loss of goodwill, device damage, or other intangible losses arising out of or related to your access to, use of, or inability to use the App, even if we have been advised of the possibility of such damages.
  • Health-Related Claims: Any claims, injuries, or damages arising from any assertions of health or cognitive benefits (or lack thereof) from using the App. You acknowledge that improvement in cognitive abilities is not guaranteed (see Section 3), and we shall not be responsible for any decision you make or action you take based on information or results provided by the App.
  • Total Liability Cap: Our total cumulative liability to you for any and all claims arising from or related to this EULA or the use of the App shall not exceed the amount (if any) you have paid to us for the use of the App or any in-app services or purchases in the twelve (12) months immediately preceding the event giving rise to the liability. If you have not made any payments to us, our liability will be zero to the fullest extent permitted by law.

These limitations and exclusions apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if a remedy fails of its essential purpose. Because some jurisdictions do not permit the exclusion or limitation of liability for certain damages, in such jurisdictions, our liability will be limited to the smallest amount permitted by law.

8. Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, suits, losses, liabilities, damages, and expenses (including reasonable attorney’s fees and court costs) arising out of or related to: (a) your use or misuse of the App; (b) your breach or violation of any term of this EULA or of any law or regulation; (c) your violation of any rights of a third party (including intellectual property rights or privacy rights); or (d) any content or data you submit or transmit through the App (if the App allows user submissions). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you agree to cooperate with our defense of that claim). This indemnity obligation will survive the termination of this EULA and your use of the App.

9. Privacy and Data Protection

Your privacy is very important to us. Our collection, use, storage, and sharing of your personal information in connection with the App are governed by our Privacy Policy (available at the link provided in the App or on our website), which is incorporated into this EULA by reference.

Personal Data Collection: When you use the App, we may collect information about you, including personal data such as your name, contact information, device information, and usage data (e.g., scores, training progress, and how you interact with the games). If you choose to provide it, we may also collect certain sensitive data, for example, information about your health or cognitive abilities or self-assessments. All such data will be handled in accordance with applicable privacy laws and our Privacy Policy. We do not collect biometric identifiers (such as fingerprints or facial recognition data) or precise physiological measurements through the App, unless explicitly stated and with your informed consent.

Use of Data: We use collected data to provide and improve the App’s services, personalize your training experience, track your progress, and for internal analytics (to understand how users engage with the App and to improve our content and features). We may also use your contact information to send you service-related communications and updates about the App. We will seek your consent for any use of your data that goes beyond what is outlined in this EULA or our Privacy Policy.

Third-Party Analytics and Sharing: We may use third-party service providers (such as analytics tools or cloud hosting services) that process your data on our behalf to help operate and improve the App. These providers are bound by contractual obligations to protect your data and only use it for the purposes we specify. We do not sell your personal data to third parties. We will not share your personal information with third parties for their own marketing or advertising purposes without your explicit consent. However, we may share aggregated and anonymized data (which cannot be used to identify you) with researchers, partners, or the public for purposes of understanding cognitive training effectiveness or improving our services.

Data Security: We employ reasonable and industry-standard security measures to protect your information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission or storage is 100% secure. Therefore, while we strive to protect your personal data, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account.

User Consent and Rights: By using the App, you consent to the collection and processing of your personal data as described in this EULA and our Privacy Policy. If you do not agree, please do not use the App.

10. Termination and Modification of Service

Termination by You: You may stop using the App at any time. You may also delete your account by following the instructions in the App or contacting customer support.

Termination or Suspension by Us: We reserve the right to suspend or terminate your access to the App (or any part of it) at any time, with or without notice, if you violate any provision of this EULA, if we discontinue the App, or for any other reason deemed necessary in our sole discretion to protect our interests or those of other users. Upon termination of your rights under this EULA, your license to use the App will cease immediately, and you must stop all use of the App. We shall have no liability to you or any third party for any termination of your access to the App in accordance with this EULA.

Modification or Discontinuation of the App: You acknowledge that we may, at our sole discretion, add, remove, or modify features of the App or discontinue the App entirely at any time. We may deploy updates or modifications to the App automatically to your device, and you may be required to install or update software to continue using the App. We are not obligated to support or update the App. In the event we discontinue the App or any part of it, we will attempt to notify users in advance when feasible. However, any modification, suspension, or discontinuation of the App (or any feature within it) may be done without notice. You agree that we shall not be liable to you or to any third party for any changes, temporary unavailability, or permanent discontinuation of the App, except as explicitly provided in this EULA. If we discontinue the service entirely, we may, at our discretion, provide a prorated refund for any prepaid subscription fees covering the period after discontinuation.

11. Changes to Terms

We may update or modify this EULA from time to time. If we make material changes, we will notify you by posting the updated terms within the App or through other communications (such as email, website, or app store). Any changes will become effective no earlier than fourteen (14) days after they are posted or immediately for changes that are necessary to comply with laws or regulations or to address an unforeseen and imminent danger related to continuing to provide the App.. Your continued use of the App after the effective date of the updated EULA will constitute your acceptance of the revised terms. If you do not agree to the new terms, you must stop using the App and, if applicable, cancel any subscriptions before the new terms take effect.

12. Dispute Resolution and Arbitration

**Arbitration Agreement:** To the extent permitted by law, you and we agree that any dispute, claim, or controversy arising out of or relating to this EULA or the use of the App or the services provided (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except as set forth under “Exceptions” below. This arbitration will be administered by a neutral arbitrator, rather than a judge or jury, and the arbitration proceedings and outcome will remain confidential to the extent allowed by law.

**Class Action Waiver:** You and we each agree that all Disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a consolidated, class, or representative proceeding. You hereby waive your right to participate in any class action, collective, or representative lawsuit against us.

**Arbitration Procedures:** The arbitration shall be administered by a reputable arbitration provider (such as the American Arbitration Association (AAA) or JAMS in the United States) under that provider’s consumer arbitration rules. The arbitrator will have exclusive authority to resolve any Dispute, including any questions regarding the arbitrability of a claim or the scope, enforceability, or interpretation of this arbitration agreement. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

**Exceptions to Arbitration:** Notwithstanding the above, either party may choose to bring an individual claim in a small claims court of competent jurisdiction if the claim is eligible and remains in that court. In addition, both you and we retain the right to seek injunctive or other equitable relief in a court of law for matters relating to intellectual property rights (e.g., trademarks, trade dress, copyrights or patents) or unauthorized access to or misuse of the App, in which case this arbitration agreement will not apply.

**Opt-Out Right:** You have the right to opt out of this arbitration agreement and class action waiver within 30 days from the date you first agreed to this EULA (for example, when you first install or use the App after being presented with these terms). To opt out, you must send a written notice of your decision to opt out to our contact address provided in the App or in Section 14. Your opt-out request must include your name, address, the email associated with your account (if any), and an unequivocal statement that you wish to opt out of arbitration. If you opt out of this arbitration agreement, you will not be bound by the arbitration or class action waiver provisions in this Section 12. The opt-out decision will have no adverse effect on your relationship with us or your use of the App. If you do not opt out within 30 days, then you and we shall be bound by the arbitration and class-action waiver terms stated in this Section.

**Future Changes to Arbitration Clause:** If we make any future change to this arbitration agreement (other than a change to our contact address), you may reject the change by sending us written notice within 30 days of the change to our contact address, in which case your account with us will be immediately terminated and this arbitration agreement, as in effect immediately prior to the changes you rejected, will survive.

13. Governing Law and Jurisdiction

Except as otherwise required by applicable law (for example, if you are a resident of an EU member state you may have certain protections or rights under the laws of that state), this EULA and any Dispute arising out of or related to this EULA or the App shall be governed by and construed in accordance with the laws of the jurisdiction in which our company is established (without giving effect to its conflict of law principles). For example, if our company is headquartered in the State of California, USA, then the laws of the State of California (and applicable U.S. federal law) will govern, or if our company is based in an EU member state, then the laws of that country will apply, subject to any overriding consumer protection rules of your country of residence.

If the arbitration agreement in Section 12 is not enforceable or not applicable, you and we agree that any judicial proceeding (other than small claims actions or requests for equitable relief as permitted by Section 12) will be brought exclusively in the courts of the competent jurisdiction where our company is located, unless otherwise required by law. You and we consent to venue and personal jurisdiction in such courts. Notwithstanding the foregoing, if you are a consumer resident in the European Union or another jurisdiction with laws that mandate different terms for jurisdiction or applicable law, nothing in this Section 13 will override those mandatory protections; in such cases, this Section shall be deemed modified to reflect such mandatory laws.

This governing law and jurisdiction clause shall be subject to any rights you have under applicable consumer protection laws to bring proceedings in your local jurisdiction under local law.

14. Miscellaneous

Entire Agreement: This EULA (along with the Privacy Policy and any additional terms we may provide for specific features of the App) constitutes the entire agreement between you and us regarding the App and supersedes all prior or contemporaneous understandings regarding the subject matter. Any additional or different terms you propose (for example, in correspondence or by any other means) are hereby rejected and will not bind us unless expressly agreed in writing by an authorized representative of our company.

Severability: If any provision of this EULA is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect. The invalid or unenforceable part will be deemed modified to the least degree necessary to correct the invalidity or unenforceability, and if such modification is not possible, the provision will be severed from this EULA without affecting the remaining provisions.

Waiver: Our failure to enforce any right or provision of this EULA shall not constitute a waiver of future enforcement of that or any other right or provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by an authorized representative of our company.

Assignment: You may not assign or transfer this EULA or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment in violation of the foregoing will be null and void. We may assign or transfer our rights and obligations under this EULA to an affiliate or in connection with a merger, acquisition, sale of assets, or by operation of law.

No Third-Party Beneficiaries: This EULA is intended for the sole benefit of you and us. Except as expressly provided in this EULA, no third party is intended to be a beneficiary of any provision of this EULA, and no third party shall have the right to enforce any term of this EULA.

Contact Information: If you have any questions, complaints, or claims regarding the App or this EULA, or if you need to provide legal notice to us, you may contact us at the email or mailing address provided on our official website or within the App.

Last Updated: March 27, 2025

Contact Us

For any questions, complaints, or claims regarding the Application, please contact us at [email protected].

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