Welcome to braintronics®!
braintronics.com („braintornics®“) provides our website at www.braintronics.de (the „site“) as well as our relaxation and self-development services that can be accessed through our site and our mobile application („app“). For the convenience of reading these Terms, the Site, our Services and the App are collectively referred to as the „Services“. Please read these Terms of Use (the „Terms“) carefully as they govern your use of our Services.
Acceptance of the terms and conditions
By using our services, you agree to be bound by these terms and conditions. If you do not agree to be bound by these Terms, you may not use the Services.
Privacy Policy
For information on how we collect, use and disclose information from our users, please see our Privacy Policy. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
Changes to the Terms of Use
We may change the terms at any time at our sole discretion. In such event, we will notify you either by posting the amended terms on the Site or by other communication. It is important that you review the Terms each time we amend them, as if you continue to use the Services after the amended Terms have been posted on the Site, you will indicate to us that you agree to be bound by the amended Terms. If you do not agree to be bound by the modified terms, you may no longer use the Services. As our Services evolve over time, we may change or discontinue all or part of the Services at any time without notice and at our sole discretion.
Notice of Arbitration
Unless you object to the arbitration within 30 days of the date you first agreed to these terms and conditions, in accordance with the dispute resolution procedure set forth in the „Arbitration“ section below, and except for certain types of disputes set forth in the „Arbitration“ section below, you agree that disputes between you and Braintronics® shall be settled by binding individual arbitration, waiving your right to a jury hearing or participation as a plaintiff or class action plaintiff in an alleged class action or representative proceeding.
Who can use the services
Legitimacy
You may only use the Services if they are 13 years of age or older and you are not prohibited from using the Services by applicable law. To make a purchase through the Services (as described in the „Purchases“ section below), you must be at least 18 years of age and be able to enter into a legally binding contract.
Registration and Your Information
If you wish to use certain features of the Services, you must create an account („Account“). You can do this using the App, the Page, or your account with certain third-party social networking services such as Facebook (each an „SNS Account“). If you choose the SNS account option, we will create your account by retrieving certain personal information from your SNS account, such as your name and email address, and other personal information that we may retrieve from your SNS account according to your privacy settings.
It is important that you provide us with accurate, complete and current information about your account and that you assure us that this information will be updated as necessary to keep it accurate, complete and current. Otherwise, we may need to suspend or terminate your account. You agree that you will not disclose the password for your account to any other person and that you will promptly notify us of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you are aware of them.
Use of the Services
Users can choose from various options via the services to create individual relaxation and self-development sessions. They can also use the paid features of the Services to take advantage of the enhanced features of the Services or purchase items offered for purchase through the Services (the „Products“), as more fully explained in the „Purchases“ section below.
You acknowledge and agree that the Services, Products and any other information you receive from braintronics® are not intended, designed or intended to diagnose, prevent or treat any disease or condition, to determine your state of health, or to substitute for professional medical care. Not all activities described in the services or products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing any other task that requires attention or concentration. You acknowledge and agree that you are solely responsible for your use of the Services.
Purchases
Fees
braintronics® offers certain advanced features of the services that you can purchase as part of a monthly or annual subscription („subscription“). A description of the features associated with the subscriptions is available through the Services. If you purchase a subscription or product (each a „Transaction“), we may ask you for additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your billing and delivery address(es) (this information is referred to as „Payment Information“). You represent and warrant that you have the legal right to use all payment methods contained in such payment information. The amounts due and payable by you for a transaction through the Services will be displayed to you before you place your order. If you choose to initiate a transaction through the Services, you authorize and consent to us sharing your payment information with third parties to complete your transaction,
(a) pay the applicable fees and any taxes;
(b) that braintronics® may charge your credit card or third party payment processing account, including but not limited to your App Store account or any distribution platform (such as Apple App Store, Google Play or Amazon Appstore) on which the App is provided (each an „App Provider“), for verification, pre-authorization and payment purposes; and
(c) pay any additional fees that your app provider, bank or other financial services provider may charge you, and any taxes or fees that may be payable on your order. You will receive a confirmation email once we have confirmed payment for your order. Your order is not binding on braintronics® until it has been accepted and confirmed by braintronics®. Any payments made are non-refundable and non-transferable unless otherwise expressly provided in these Terms of Use.
If you have any concerns or objections regarding fees, you agree to first contact us with them and you agree not to cancel or refuse credit card fees or third-party payment processing fees unless you have made a reasonable attempt to resolve the matter directly with braintronics®.
braintronics® reserves the right not to process or cancel your order under certain circumstances, for example if your credit card is declined, if we suspect that the request or order is fraudulent, or in other circumstances if braintronics® in its sole discretion deems it appropriate. braintronics® also reserves the right to take action at its sole discretion to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your transaction (this information falls under the definition of „payment information“). braintronics® will not charge you or refund any fees for orders that we do not process or cancel.
Ownership, passing of risk
The transfer of risk and ownership of products purchased by you shall pass to you upon shipment from braintronics®’s business premises. All shipments are subject to the braintronics® general shipping conditions.
Return Policy
If, for any reason whatsoever, you are not satisfied with the product you have purchased and wish to return it, please refer to the Return Policy, which explains how to return the eligible products.
Automatic renewal of subscriptions until cancellation by you and how to cancel your subscription
All amounts are payable and invoiced as follows:
(i) for one-time purchases (such as a lifetime subscription) at the time of placing your order; and
(ii) for monthly or annual subscriptions, at the beginning of the subscription and, as each such subscription automatically renews until terminated by You for a further period equal to the period of the expired subscription, at the time of each renewal until terminated by You using the payment information provided by You. You must cancel your monthly or annual subscription before it renews in order to avoid being charged for the next subscription period. If you purchased your subscription through the Site, you may cancel the renewal of your subscription at any time by emailing support@braintronics.de If you purchase your subscription through an app provider, you can cancel the renewal of your subscription at any time. Subscription period and continue to receive the services you ordered until your current subscription period expires.
Changes to subscription pricing conditions
braintronics® reserves the right to change its price conditions for subscriptions at any time, whereby braintronics® will inform you about such changes before they take effect. Changes to the price conditions do not apply retroactively and only apply to subscription renewals after you have been notified of the changed price conditions. If you do not agree with the changed price conditions of braintronics®, you have the option not to renew your subscription according to the section „Automatic renewal of subscriptions until cancellation by you and how to cancel your subscription“.
Future Features
You agree that your purchases are not contingent upon the delivery of any future features or functionality or upon any oral or written public statements by braintronics® regarding any future features or functionality.
Feedback
We welcome feedback, comments and suggestions to improve services or products („feedback“). You can send us your feedback by e-mail to feedback@braintronics.de . You grant us non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable rights of use under all intellectual property rights that you own or control to use, reproduce, modify, create derivative works based on, or otherwise use the Feedback for any purpose.
Content and Rights to Content
For the purposes of these terms and conditions
(i) „Content“ means text, graphics, images, music, software, audio, video, copyrighted works of any kind, and information or other materials posted, generated, made available or otherwise made available through the Services; and
(ii) „User Content“ means any content that Users (including You) provide to be made available through the Services. Content includes User Content without limitation.
Rights to Content
braintronics® does not claim any rights to User Content and nothing in these Terms shall be construed to limit any rights you may have with respect to the use and exploitation of your User Content. Subject to the foregoing, braintronics® and its licensors are the exclusive owners of all rights, title and interest in and to the Services and Content, including all related intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark and other laws of the Federal Republic of Germany and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary notices contained or accompanying the Services or Content.
Rights You Grant to User Content
By providing User Content through the Services, you hereby grant braintronics® a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, modify, create, distribute, publicly display, publicly perform and distribute your User Content in connection with the operation and provision of the Services and Content to you and other users.
Rights to content granted by braintronics®
Subject to your compliance with these terms, braintronics® grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, reproduce and display the Content solely in connection with your authorized use of the Services and solely for your own personal and non-commercial purposes.
Rights and conditions for apps
Rights granted by braintronics® to apps
Subject to your compliance with these Terms, braintronics® grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install one copy of the App on any mobile device or computer you own or control and to run such copy of the App solely for your personal and non-commercial use. braintronics® reserves all rights to the App that are not expressly granted to you under these Terms. You may copy the App only to make a reasonable number of copies for backup or archival purposes. Except as expressly permitted by these terms and conditions, you may not:
(i) copy, modify or create derivative works based on the App;
(ii) distribute, transfer, sublicense, lease, loan or lease the App to any third party;
(iii) reverse engineer the App to decompile or disassemble the App; or
(iv) make the functionality of the App available to multiple users in any way.
Additional Conditions for Apps from App Stores
If you have accessed or downloaded the App from the Apple Store, then you agree to use the App only:
(i) on an Apple branded product or device with iOS (Apple’s own operating system software); and
(ii) in accordance with the „Terms of Use“ contained in the Apple Store Terms of Use.
If you have accessed or downloaded the App from an App Provider, you acknowledge and agree that:
These terms and conditions are between you and braintronics®, and not with the app provider, and that, between braintronics® and the app provider, braintronics® is solely responsible for the app.
The App Provider is not obligated to provide maintenance and support services related to the App.
In case of a defect of the App within the scope of an applicable warranty, you can inform the App Provider, whereupon the App Provider will refund you the purchase price for the App (if applicable), whereby the App Provider has no further warranty obligations with regard to the App to the extent permitted by law. All other claims, losses, liabilities, damages, costs or expenses attributable to a defect of an App under any applicable warranty are the sole responsibility of braintronics®.
The App Provider is not responsible for any claims you or any third party may have in connection with the App or your possession and use of the App, including, but not limited to, any claims that you or any third party may have in connection with the App:
(i) Product liability claims;
(ii) allegations that the App does not comply with applicable legal or regulatory requirements; and
(iii) claims arising from consumer protection or similar laws
In the event that any third party claims that the App or your possession and use of the App infringes the intellectual property rights of any third party, braintronics® shall be solely responsible for investigating, defending, settling and satisfying such claims of infringement to the extent required by these Terms.
The App Provider and its subsidiaries are third-party beneficiaries of these Terms with respect to your rights to use the App and, upon your acceptance of these Terms, the App Provider has the right (presumed to have accepted the right) to enforce these Terms with respect to your rights to use the App against you as the third-party beneficiary thereof.
You will also comply with all applicable Third Party Terms of Use when using the App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any related technical data or direct products thereof are exported or re-exported, directly or indirectly, in violation of such laws and regulations, or used for any purpose prohibited by such laws and regulations. By using the App, you represent and warrant that (i) you are not in a country that is embargoed or designated by the U.S. Government as a „terrorism supporting“ country, and (ii) you are not on a U.S. Government list of prohibited or restricted persons.
Prohibitions
You agree not to perform any of the following activities:
Post, upload, post, send or transmit any Content that is:
(i) infringe or misuse patents, copyrights, trademarks, trade secrets, moral rights or other intellectual property rights or personal rights or privacy rights of others;
(ii) violate any applicable law or regulation or encourage conduct that would violate any applicable law or regulation or give rise to civil liability;
(iii) are fraudulent, false, misleading or deceptive;
(iv) are defamatory, obscene, pornographic, vulgar or abusive;
(v) Promote discrimination, bigotry, racism, hatred, harassment or harm to individuals or groups;
(vi) is violent or threatening or promotes violence or acts that threaten any person or entity; or
(vii) promote illegal or harmful activities or substances;
Use, display, mirror or frame the Services or any individual element within the Services, the braintronics® name, trademark, logo or other proprietary information of braintronics® or the layout or design of any page or form located on any page without the express written consent of braintronics®;
Accessing, manipulating or using non-public areas of the braintronics® services, computer systems or technical delivery systems of braintronics® service providers;
Attempt to probe, scan or test the vulnerability of braintronics® systems or networks, or violate security or authentication measures;
Avoid, bypass, remove, disable, impair, decrypt or otherwise undermine any technical measures implemented by braintronics®, a braintronics® provider or any other third party (including other users) to protect the Services;
Attempt to access or browse the Services or download any Content from the Services by using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) that is not the software and/or search agent provided by braintronics® or any other generally available third party web browser;
Sending unsolicited or unauthorized advertising, marketing materials, e-mails, junk mail, spam, chain letters or any other form of solicitation;
Use metatags or other hidden text or metadata that use a braintronics® trademark, logo URL, or product name of braintronics® without the express written permission of braintronics®;
Use the Services for commercial purposes or for the benefit of a third party or in a manner not authorized by these Terms;
Falsify TCP/IP packet headers or any part of the header information in any email or newsgroup posting or use the Services to alter, mislead or falsify source-identifying information;
Attempt to decrypt, decompile, disassemble, or reverse engineer any software used to provide the Services;
Interfere with or attempt to interfere with any user, host or network access, including, but not limited to, sending viruses, overloading, flooding, spamming or mail-bombing the Services;
Collect or store personal information from the Services from other users of the Services without their express consent;
Impersonate or misrepresent your connection with any person or entity;
Violation of any applicable law or regulation; or
to encourage or enable another person to perform any of the above acts.
Although we are under no obligation to monitor access to or use of the Services or Content, or to review or edit Content, we have the right to do so for the purpose of providing the Services, to ensure compliance with these Terms and to comply with all applicable laws or other legal requirements. We reserve the right, but are under no obligation, to remove or disable access to Content at any time and without notice, including, but not limited to, when we determine in our sole discretion that Content is offensive or violates these Terms. We have the right to investigate violations of these Terms or conduct affecting these Services. We may also consult with law enforcement authorities and cooperate with you to investigate any violations by users who violate these Terms and Conditions.
Links to third-party websites or resources
The Services and the App may contain links to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on such websites or resources or for the content, products or services available from such websites or resources, nor for any links contained on such websites or resources. You acknowledge that you are solely responsible for your use of third party websites or resources and bear all risks associated therewith.
Termination
We may, at our sole discretion, terminate your access to and use of the Services at any time without notice. You may terminate your account at any time by sending an email to support@braintronics.de If you purchase a subscription through an app provider, you should also cancel your subscription directly with the app provider. Upon termination, suspension or termination of the Services or your account, any of these Terms that by their nature should continue to exist shall continue in full force and effect, including, but not limited to, ownership provisions, disclaimers of warranties, limitations of liability and dispute resolution provisions.
Disclaimers of Warranty
The services, products and contents are provided „as is“ without warranties of any kind. Without limiting the foregoing, we expressly exclude all warranties of merchantability, fitness for a particular purpose, non-infringement or non-infringement, and all warranties arising out of the course of business or usage.
We do not warrant that the Services or Products will meet your requirements or be available on an uninterrupted, secure or error-free basis. We do not warrant the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
Indemnification
You will indemnify and hold harmless braintronics® and its officers, directors, employees and agents against all claims, disputes, demands, liabilities, damages, losses and costs and expenses, including reasonable legal and accounting fees, related to
(i) your access to or use of the Services or Content; or
(ii) any breach by you of these Terms.
Limitation of Liability
Neither braintronics® nor any other party involved in the creation, manufacture or provision of the Services, Products or Content shall be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or business value, interruption of service, computer damage or system failure or the cost of replacement services or products arising out of or in connection with these Terms or the use or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not braintronics® has been advised of the possibility of such damages, even if it is determined that a limited remedy set forth herein has failed to achieve its essential purpose. Some countries allow the exclusion or limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you.
In no event shall the total liability of braintronics® arising in connection with these terms or the use or inability to use the services, products or content exceed the amounts you have paid braintronics® for the use of the services, products or content, or fifty-nine euro ninety nine cents (EUR 59.99) if you have no payment obligations to braintronics®. The exclusion and limitations of the above compensation amounts are material elements of the basis on which the agreement between braintronics® and you is based.
Dispute settlement
Applicable law
These Terms and any related acts shall be governed by the laws of the State of California to the exclusion of its conflict of laws provisions.
Arbitration Agreement
You and braintronics® agree that any dispute, claim or controversy arising out of or relating to these Terms or the violation, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, the „Disputes“) shall be settled by binding arbitration, except that either party shall continue to have the right:
(i) bring an individual action in Small Claims Courts and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction in respect of any claim for money arising out of a contract or tort up to a specified limit (between 200 EUR and 1.000 EUR) for which there is no mandatory attorney requirement, to prevent actual or threatened infringement, infringement or misappropriation of any copyright, trademark, trade secret, patent or other intellectual property right of any party (the action described in paragraph (ii) above is referred to as an „Intellectual Property Claim“). Without limiting the foregoing sentence, if you notify braintronics® of such action in writing by email to support@braintronics.de within thirty (30) days of the date on which you first agreed to be bound by these Terms (such notice being referred to as „Notice of Opposition to Arbitration“), you also have the right to bring any other dispute before the courts. If you do not provide braintronics® with such notice of appeal within thirty (30) days, you will be deemed to have knowingly and intentionally waived your right to bring a dispute before a court unless expressly provided otherwise in subparagraphs (i) and (ii) above. The exclusive jurisdiction and venue for all intellectual property claims or, if you notify braintronics® in a timely manner to challenge the arbitration, shall be the state and federal courts located in the Northern District of California, each party to this document hereby waiving all objections to the jurisdiction and venue of such courts. Unless you notify braintronics® in a timely manner of your opposition to arbitration, you acknowledge and agree that you and braintronics® will each waive the right to a jury trial or to participate as plaintiffs or class members in a class action or representative proceeding. In addition, unless you and braintronics® agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any class or representative proceeding. If this specific paragraph is found unenforceable, the entire „Dispute Resolution“ section shall be void. Except as otherwise provided in the preceding sentence, this paragraph „Dispute Settlement“ shall survive any termination of these Conditions.
Arbitration rules
The arbitration shall be conducted by the American Arbitration Association („AAA“) in accordance with the then-current Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the „AAA Rules“), unless otherwise provided in this section „Dispute Resolution“. (The AAA Rules can be obtained at www.adr.org/arb_med or by calling the AAA at +49-5254-930980). The Federal Arbitration Act governs the interpretation and enforcement of this section.
Arbitration
A party wishing to initiate arbitration must submit to the other party a written request for arbitration pursuant to the AAA Rules. (The AAA provides a form for a general request for arbitration and a separate form for a request for arbitration for California residents.) The arbitrator is either a retired judge or a licensed attorney and is selected by the parties from the AAA’s list of arbitrators. If the parties are unable to agree on an arbitrator within seven (7) days of service of the request for arbitration, the AAA shall appoint an arbitrator in accordance with the AAA Rules.
Place and Conduct of the Arbitration
Unless you and braintronics® otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed 10.000 EUR, then the arbitration will be conducted solely on the basis of the documents that you and Braintronics® submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds 10.000 EUR, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitration award
The arbitrator shall render a judgment within the time limits laid down in the AAA Rules. The award shall contain the essential findings and conclusions on the basis of which the arbitrator rendered the judgment. The award may be submitted to any court having jurisdiction. The damages awarded by the arbitrator in the award shall be consistent with the provisions of the „Limitation of Liability“ section above in respect of the types and amounts of damages for which a party may be held liable. The arbitrator may make or grant a declaratory judgment or injunctive relief only in favor of the claimant and shall be limited to what the claimant has requested in his respective individual claim. If you win the arbitration, you will be entitled to reimbursement of your attorneys‘ fees and expenses if required by applicable law. braintronics® does not seek reimbursement of attorneys‘ fees and expenses and hereby waives all rights that braintronics® may have under applicable law for reimbursement of attorneys‘ fees and expenses if braintronics® wins the arbitration.
Fees
Your obligation to pay AAA application, administration and arbitration fees shall be governed solely by the AAA Rules. However, if your claim for damages does not exceed 7.000 EUR, braintronics® will pay all such fees unless the arbitrator determines that either the content of your claim or the sought compensation in your request for arbitration was unfounded or for an improper purpose (as determined by the standards in Federal Rule of Civil Procedure 11(b)).
Amendments
Notwithstanding the provisions of the section „Changes to the Terms of Use“ above, if braintronics® changes this section „Dispute Resolution“ after the date on which you first agreed to (or later agreed to) these Terms of Use, you may opt out of any such changes by sending a written notice (including by email to feedback@braintronics.de) within 30 days of the date on which such change takes effect, as set out in the section „Last Updated“ above, or in the date of the email from braintronics® to you informing you of the change. By rejecting any changes, you agree that you will arbitrate any dispute between you and braintronics® in accordance with the provisions of this section „Dispute Resolution“ on the date you first agreed to these Terms (or later agreed to any changes to these Terms).
General Terms and Conditions
These Terms constitute the entire and exclusive agreement and understanding between braintronics® and you with respect to the Services, Products and Content, and these Terms supersede and supersede all prior oral or written understandings between braintronics® and you with respect to the Services, Products and Content. If any provision of these Terms is found to be invalid or unenforceable (either by an arbitrator appointed under the terms of the „Arbitration“ section above or by a court of competent jurisdiction, but only if you have timely objected to the arbitration by sending notice of objection to arbitration in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible, the other provisions of these Terms remaining in full force and effect.
You may not assign or transfer these Terms by operation of law or otherwise without the prior written consent of braintronics®. Any attempted assignment of these Terms without the prior written consent of braintronics® is void and unenforceable. braintronics® may assign or transfer these Terms without limitation. Subject to the foregoing, these Terms shall be binding and effective upon the parties, their successors and permitted assigns.
All notices or other communications by braintronics® under these Terms, including those relating to changes in these Terms, will be made:
(i) by braintronics® via email, or
(ii) by posting in the Services. For communications sent by e-mail, the delivery date shall be the date on which the communication was sent.
Failure by braintronics® to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver of such right or provision shall be effective only if made in writing and signed by a duly authorized representative of braintronics®. Except as expressly provided in these terms and conditions, the exercise of any party’s rights under these terms and conditions shall be without prejudice to any other rights it may have under these terms and conditions or otherwise.
Contact Information
If you have any questions about these terms or the services or products please contact braintronics® at feedback@braintronics.de.