Terms and Conditions

THE AGREEMENT:

The use of this website and services on this website provided by Brainalytics.org (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this website ("Services").

DEFINITIONS

"Agreement" denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the website.
"We," "us," and "our" are references to Brainalytics.org.
"User," "You," and "your" denotes the person who is accessing the website for taking or availing of any service from us. User shall include the Company, partnership, sole trader, person, body corporate, or association taking services of this website.
"Website" shall mean and include Brainalytics.org and any successor Website of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

• YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

• LIMITATIONS OF OUR LIABILITY TO YOU; AND

• A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING

YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see "Changes to these Terms" below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND BRAINALYTICS.ORG.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

Please read – how our Products (which include our website) are intended to be used.

• We make no claims or representations in relation to the emotional, health, or commercial benefits of using our Products, and the information provided on the website is no substitute for professional medical or psychiatric advice where applicable. If you are concerned about health or mental well-being issues, you are advised to consult your doctor. In particular:

• Our Products are provided for information and entertainment purposes only and not for medical or psychological assessment purposes, for your own personal use (and not, e.g., to screen or assess others), and for no other purpose.

• Our Products do not provide medical advice.

• Our Products should not be regarded as or relied upon as being a comprehensive or accurate opinion or assessment concerning your psychological well-being and personality. We just do not know enough about you to guarantee that. Where you have any concerns arising out of your use of our Products, you should seek appropriate professional advice

• Any decisions that you make once you have used or read the content of our Products are for you alone, and we will not be liable for the consequences of any such decisions.

• Our Products are for personal use only and are not intended for use in any business, educational, employment, or recruitment context.

• Whilst we provide texts of our Products in languages other than in English, the accuracy of such translations is not guaranteed (for example, many translations are contributed by volunteers), and use is at your own risk.

You must be over the age of 18 years (or above the relevant age of consent in your country) to use the website and purchase our Products.

LICENSE TO USE WEBSITE

We may provide you with certain information because of your use of the Website or Services. Such information may include but is not limited to documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services ("Our Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.

USER CONTENT

The website permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Brainalytics.org, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of Brainalytics.org.

• You further agree not to use the Website or Services:

• To harass, abuse, or threaten others or otherwise violate any person's legal rights.

• To violate any of our intellectual property rights or any third party.

• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.

• To perpetrate any fraud.

• To publish or distribute any material that incites violence, hate, or discrimination towards any group.

• To unlawfully gather information about others.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Brainalytics.org website, including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Brainalytics.org, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, Agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our Website.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

SERVICE INTERRUPTIONS

We may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime for any reason but that we shall have no liability for any damage or loss caused because of such downtime.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

APPLICABILITY OF ARBITRATION AGREEMENT

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Brainalytics.org that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Brainalytics.org and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute and the requested relief. A Notice to Brainalytics.org should be sent to: info@Brainalytics.org

After the notice is received, you and Brainalytics.org may attempt to resolve the claim or dispute informally. If you and Brainalytics.org do not resolve the claim or dispute within thirty (30) days after the notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

ARBITRATION RULES

The arbitration shall be initiated through the Israeli Institute of Commercial Arbitration (IICA), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If IICA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms. The IICA Rules governing the arbitration are available online at http://www.borerut.com. The arbitration shall be conducted by a single, neutral arbitrator. The seat of arbitration shall be Israel. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

TIME LIMITS

If you or Brainalytics.org pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the IIAC Rules for the pertinent claim.

AUTHORITY OF ARBITRATOR

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Brainalytics.org, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the IICA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Brainalytics.org.

CONFIDENTIALITY

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

SEVERABILITY

If any part or parts of this Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.

RIGHT TO WAIVE

Any or all the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Agreement

WAIVER OF CLASS OR CONSOLIDATED ACTIONS

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us.

This document was last updated on March 21, 2022