Terms of Service

Last Updated: January 1, 2025

This page explains the terms by which all users ("you" and "your") may download, install, copy, access or use the MindBrite ("we", "our" and "us") software (App), including any future updates, upgrades or versions of the software (collectively, the "Software") and any associated products and services made available by us or on our behalf from time to time including, but not limited to, our websites, widgets, computer programs, platforms, mobile applications, and training courses and programs (collectively, the "Services") and accompanying documents, information, manuals or other related materials provided by us as part of, or in connection with the Software. By accessing or using the Software and/or the Services, you signify on your behalf and any person or entity that you represent that you have read, understood, and agree to be bound by these Terms of Service (the "Agreement"). We reserve the right to make unilateral modifications to these terms and will provide notice of these changes as described in Section 24 below.

If you are a business, company, institution or other legal entity, you may permit Authorized Users to access and use the Software or the Services in compliance with this Agreement. "Authorized User(s)" mean the following users that you authorize to access or use the Services on your behalf: (a) your employees, agents, or independent contractors; (b) others such as clients, students, or subscribers where the Services is provided to your end user customers together with your other services and not on a standalone basis; or (c) other users expressly authorized to use and access the Services by us.

The Software and the Services are for information purposes only and are not intended to be used for any other purpose, including medical or diagnostic-related purposes.

1. Use of the Software and Services

Eligibility

This is a contract between you and us. By installing, downloading, copying, accessing or using the MindBrite Software (App) and/or the Services, or otherwise accepting this Agreement, or clicking "accept" (if applicable), you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. If you do not understand or agree, you must not install, download, copy, access or use the Software or the Services. Use of the MindBrite App is intended solely for the purpose of providing neurofeedback sessions and completing neuropsychological assessments via remote means. You agree not to use the App for any illegal, unauthorized, or unethical purposes. You are responsible for maintaining the confidentiality of your account credentials and agree to notify us immediately of any unauthorized access to your account.

You may use the Software and the Services only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable laws, regulations, and policies.

Any use or access to the Software or the Services by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. By entering or using the Software or the Services you represent that you:

1. have the right, authority and capacity to enter into this Agreement on behalf of yourself and the person or entity that you represent (if applicable)
2. are not prohibited from entering or using the Software or the Services under any applicable laws
3. are at least eighteen (18) years of age
4. understand the risks associated with using the Software and the Services

License Grant

Subject to the terms and conditions of this Agreement and subject to your payment of all applicable fees (including applicable fees for all of your Authorized Users), we hereby grant you and your Authorized Users a limited, personal, non-transferable, non-sub-licensable, and non-exclusive license to install and use a single copy of the Software for your information and personal and internal business and research purposes, together with any applicable Services (the "License"). Except to the extent that you are authorized by us in writing (in which case additional and/or different terms and conditions may apply to you), you are not permitted to provide or resell the Software or the Services to anyone on a standalone basis. You agree to ensure that Authorized Users comply with the terms of this Agreement and all applicable fees for the Services are paid to us in relation to the use of the Services by all Authorized Users. We reserve all rights not expressly granted herein in the Software, the Services and our content. We may terminate this License, in whole or in part, at any time for any reason or no reason.

Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

1. you shall not license, sell, rent, lease, transfer, assign, distribute, host, use or allow the use for the benefit of any third party or otherwise commercially exploit the Software or the Services, whether in whole or in part, or any content displayed on the Software or the Services
2. you shall not remove or alter any copyright notice or any other notices
3. you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software or the Services
4. you shall not access the Software or the Services in order to build a similar or competitive website, product, or service
5. you shall not use, or allow the use, transfer, transmission, export, or re-export of the Software or the Services or portion thereof in violation of any applicable laws, including any export control laws or regulations
6. you shall not interfere with or disrupt the integrity or performance of the Software or the Services
7. you shall not attempt to gain unauthorized access to the Software, the Services or its related systems or networks
8. you shall not use the Software or the Services in any manner that interferes with its normal operation or with any other user's use of the Software or the Services
9. you shall not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
10. you shall not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws