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By accessing, using, registering or visiting brainx app or www.brain-x.ai ("Platform"), any of its content, functionalities and services, you signify your agreement to these Terms of Use and our Privacy Policy and incorporated herein by reference.
These Terms of Use apply to all users, registered or unregistered, of the Platform (collectively “you”, “user” or “users” as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means.
"Content" includes the user profile, text, software, scripts, graphics, photos, sounds, music, video, audiovisual combinations, interactive features, textual content, and other materials you may view, upload, publish, stream, submit, make available, display, communicate or post on the Platform.
If you do not agree to any of these Terms of Use or our Privacy Policy, please do not access or use the Platform.
You consent to entering these Terms of Use electronically, and to storage of records related to these Terms of Use in electronic form.
By accessing and/or using the Platform, you affirm, represent, and warrant that:
We reserve the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Platform following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
The updated version of the Terms of Use supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect. You should periodically review the most up-to-date version of the Terms of Use found at https://brain-x.ai/terms-of-use
brainx allows for self profile scanning of your personality profile and for matching with other user accounts registered in the platform that have their profile enabled to be found by other users.
The Platform has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any live content generated and/or viewed.
The Platform may contain links to third party sites that are not owned or controlled by the Platform or its operator. The Platform has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or users. In addition, the Platform will not and cannot censor or edit the content of any third-party site or users. By using any of the websites or resources, you expressly relieve us from all liability arising from your use of any third-party sites or user generated content. Accordingly, we encourage you to be aware when you leave the Platform and to read the terms, conditions, and privacy policies of each other sites that you visit.
brainx is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Platform.
The Platform does not tolerate privacy and/or intellectual rights infringing, violent, racist, non-inclusive, sexual abuse or hate content. These categories of content and originating users will be filtered out in our sole discretion. We may, in our sole discretion and at any time, remove any information and/or content on the Platform along with the users or Broadcasters of Content associated with that content.
You understand and acknowledge that when using the Platform, you will be exposed to content from a variety of sources, and that the Platform is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable to you, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Platform with respect thereto, and agree to indemnify and hold the Platform, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
By using the Platform, you expressly and specifically consent to receiving electronic communications from us relating to your account, platform usage, transactional information, mandatory product updates and/or security topics. These communications may involve sending emails to your email address provided during registration, or posting communications on the Platform, or in the "My Account" page and may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We reserve the right to withdraw or amend the Platform, and any service or material we provide on, or related to the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to Users, including registered Users.
You are responsible for:
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You are fully responsible for all activities that occur under your username or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of the Platform using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at: [email protected]. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You also agree to ensure that you exit from your account at the end of each session. Although the Platform will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Platform or others due to such unauthorized use.
If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Platform over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
brainx and associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Platform, such as trademarks, service marks, names, or logos associated with third party content providers, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.
The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Platform or vice versa unless announced on our www.brain-x.ai website.
The Platform and certain materials available on or through the Platform are content we own, authored, created, purchased, or licensed (collectively, our "Works"). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Platform.
We grant you a conditional, revocable, non-sublicensable, non-transferable and non-exclusive and limited license to access and use our Platform and Works solely for your personal use, conditioned upon your compliance with these Terms of Use and your agreement to display the Platform whole and intact as presented by the Platform’s host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through the Platform to block or interfere with the display of any advertising on the Platform, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on the Platform. Interference with the display of any advertising on the Platform, use of ad blocking software to block or disable any advertising while viewing the Platform, or use of information obtained from or through the Platform to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view the Platform and Works and constitutes copyright infringement.
You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Platform and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.
The above-described license is conditioned on your compliance with these Terms of Use, including, specifically, your agreement to view the Platform whole and intact as presented by the Platform’s host, complete with any advertising, and shall terminate upon termination of these Terms of Use. If you breach any provision of these Terms of Use, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights, some Content made available on the Platform may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.
You are not allowed to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise copy or reproduce our Works or Content that does not belong to you, in whole or in part.
You agree that you will only use the Platform and our services for the lawful purposes expressly permitted and contemplated by these Terms of Use. You may not use the Platform and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.
You agree that you will view the Platform and its content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying the Platform or eliminating any of the content of the Platform, including ads. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any age verification processes, technologies or security tools used anywhere on the Platform or in connection with our services. By using the Platform, you expressly agree to accept advertising served on and through the Platform and to refrain from using ad blocking software or to disable ad blocking software before visiting the Platform.
You may access Content for your information and personal use solely as intended through the provided functionality of the Platform and as permitted under these Terms of Use. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content which are not permitted in the Terms of Use.
You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of the Platform or use and/or monitor any information in or related to the Platform for any unauthorized purpose.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using the Platform. Specifically, you agree not to use any of the Platform to:
Prohibited uses include, but are not limited to, any content that promotes hate, discrimination, or violence based on race, ethnicity, national origin, gender, sexual orientation, gender identity, disability, religion, or any other characteristic protected under applicable law.
Additionally, you agree not to:
We have the right but not the obligation to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Platform. YOU WAIVE AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AS A CONSEQUENCE OF DISCLOSING PERSONAL INFORMATION IN RELATION TO DATA DISCLOSURE REQUESTS FROM LAW ENFORCEMENT AUTHORITIES.
The Platform takes a powerful stand against any form of exploitation or trafficking. If we discover that any Content involves any form of force, fraud, or coercion, we will remove the Content and submit a report to the proper law enforcement authorities. If you become aware of any such Content, you agree to report it to the Platform by contacting [email protected].
To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Platform may, but will not have any obligation to display, reject, refuse to post, store, maintain, accept, or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove, or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of the Platform in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Use or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.
We assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
The Platform reserves the right to decide to terminate your account if you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for us, we can terminate access to the Platform or stop providing all or part of the Platform to you.
You can terminate/delete your account from your user profile in the brainx app. If not accessible anymore you can request your account termination/deletion completing the deletion form on the website www.brain-x.ai/account-deletion and completing the verification procedure, or by contacting us at [email protected].
In all cases of account termination/deletion all the data associated with the account will no longer be available and will be lost forever.
The Platform is not in a position to mediate trademark disputes between Users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the User in question or seek any resolution in court or by other judicial means. If you’re sure you want to report content on the Platform that you believe infringes your trademark, you can do so by contacting us at [email protected]. The Platform is willing to perform a limited investigation of reasonable complaints. Only the trademark owner or their authorized representative may file a report of trademark infringement. Please note that we regularly provide the rights owner’s name, your email address and the details of your report to the person who posted the content you are reporting. This person may contact you with the information you provide.
The Platform does not permit any form of revenge, blackmail, or intimidation. Violations of this policy can be reported via [email protected].
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform may include Content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Any of the material broadcasted or streamed via the Platform may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You may link to the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Platform may provide certain social media features that enable you to:
The sites or platforms from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assume no responsibility for, the contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, content, or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third-party sites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. Further, you agree to release us from any and all liability arising from your use of any third-party Platform, content, service, or software accessed through the Platform.
Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found through the Platform, are solely between you and such third parties. You agree that the Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third parties or advertisers, or as the result of their presence on the Platform.
The Platform collect personally identifiable information (data such as your phone number) in order to use certain features of the Platform. The Platform will not disclose any personally identifiable information we collect or obtain except: (i) as described in these Terms of Use or our Privacy Policy; (ii) if you keep your public profile option enabled; (iii) if the Platform is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement) and may in our sole discretion advise you of such process or request; (iv) as required to protect the Platform’s property, safety, or operations, or the property or safety of others; or (v) to a person that acquires the Platform, or the assets of the Platform’s operator in connection with which such information has been collected or used; or (vi) as otherwise required by law. If the Platform is required to respond to or comply with any of these information requests, we reserve the right to charge you with the cost of responding to or complying with such information request, including, but not limited to, costs of research, copies, media storage, mail, and document delivery, as well as any applicable legal fees.
The Platform will have access to all information that you have submitted or created for as long as reasonably required to comply with or investigate any information requests, or to protect the Platform. In order to enforce these Terms of Uses, to protect intellectual property rights, to comply with legal processes and the law, and to protect the Platform, you agree to allow the Platform to access your information.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Platform, its site operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Platform; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Platform. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
You use the platform at your sole risk. We provide the platform "as is" and "as available". To the fullest extent permitted by law, the platform, disclaim all warranties of any kind related to the platform and goods or services obtained through the platform, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the platform. We make no warranty or representation about the accuracy or completeness of the platform’s content or the content of any sites linked to the platform or that the platform will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform or our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the platform or our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform or our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the platform or our services. The platform does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or our services or any hyperlinked services or featured in any banner or other advertising, and, the platform will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
No information obtained by you from us or through the platform shall create any warranty not expressly stated in these terms.
In no event shall the platform, its officers, directors, or employees be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our platform or services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our platform or services by any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via our platform or services, and/or (vi) interactions you have with third-party advertisements or service providers, or third-party sites, found on or through the web sites, including payment and delivery of related goods or services, and any other terms, conditions, policies, warranties or representations associated with such dealings, whether based on warranty, contract, tort, or any other legal theory, and whether or not the platform or its site operator are advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the platform officers, directors, employees, shall not be liable for content or for the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you.
You further acknowledge that any content uploaded to the site may be viewed, downloaded, republished, and distributed – potentially in violation of your rights or this agreement – and that you assume such risks as a material part of these terms of service.
You agree not to file any arbitration claim, lawsuit or proceeding inconsistent with the foregoing liability limitations.
Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages, and you will in no event be entitled to injunctive or other equitable relief.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The Platform is operated by Integrated Brainx Academy SRL registered in Bucharest-Romania.
All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: [email protected].
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
These Terms of Use are governed by the laws of Romania and applicable EU regulations. However, this does not affect your statutory rights as a consumer in the country where you reside, and you may bring claims under the consumer protection laws of that country, in accordance with EU consumer protection directives. Any legal action or proceeding related to this platform shall be brought exclusively in a Romanian court of competent jurisdiction sitting in Bucharest.
Nothing contained in these Terms of Use shall constitute an agreement to the application of the laws of any other nation to the Platform. You agree that the Platform shall be deemed a passive Platform that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Romania. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate court located in Bucharest, Romania. You hereby submit to the jurisdiction and venue of said Courts.
No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
The Terms of Use, our Privacy Policy, our Copyright Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Platform.
We may terminate these Terms of Use for any or no reason at any time by notifying you through a notice on the Platform, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Use, you will no longer have a right to access your account or any Content. We will not have any obligation to assist you in migrating your data or any Content and we may not keep any back up of any of your Content. We undertake no responsibility for deleting your Content under these Terms of Use. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive).