1.1. Thanks for choosing Brainety (“the Provider”, “we”, “us”, “our”). Brainety is a trading name operated by a limited company Rebilita, UAB incorporated under Lithuanian laws, address Gedimino str. 45-7, Kaunas, Lithuania.
1.2. It is very important that you would take your time to thoroughly read and understand these Terms of Service (“Terms”), as these Terms shall govern the entire relationship between you (“the User”, “you”) and us, whenever You will be visiting our site https://www.brainety.com (“Website”) and/or making any purchase on the Website.
1.3 Please do not proceed with making any purchases on the Website if You have not thoroughly read and understood the provisions of these Terms, as whenever You’ll be buying anything from us these Terms shall be considered as a legally binding contract between You and us. We strongly recommend not to proceed with making any purchases on the Website if You have not thoroughly read and understood the provisions of these Terms or if You do not agree with the provisions of these Terms.
2. Our services and pricing
2.1. By using Our services – online certification tests system – you will have the ability to convey various tests, vision tests, reaction tests, math tests or other similar tests that are specifically designed to determine the Users’ cognitive abilities (“Services”). Users may choose to acquire a single Service (as a single certified test) or a membership granting unlimited access to all of our certified tests.
2.2. All Services provided by Us are for entertainment purposes only. The Provider emphasizes that all Services are provided in digital form only and for that matter the Services shall be considered as fully and finally provided to the User from the moment when a particular digital content becomes available for use by the User.
2.3. If you are a subscriber to our Services, you further agree as follows:
2.3.1. Agreement to Pay.;
(a) If you are a Services User, you will be responsible for the fixed and periodic charges and fees (including prepayment plan fees for multiple periods of recurring monthly fees) you selected at the time of subscription.;
2.4. Auto-Renewal – your Services membership will automatically be extended for successive renewal periods of the same duration selected at the time of your purchase, at the then-current non-promotional subscription rate. Until you cancel, we will charge or debit your payment method at the beginning of your subscription. Your non-cancellation of the Services or continued use of paid subscription features of the Services will reaffirm that we are authorized to charge you. If your credit or debit account has been closed or your payment method is otherwise invalid, your subscription may not renew. The renewal charge will generally be the same as the prior period’s charge unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. If
(a) you purchased a multiple-period prepayment plan or;
(b) you were eligible for a promotional rate but are no longer eligible for that rate, then your subscription will be offered to renew at our then-current non-promotional subscription rates at the start of the renewal period. If you fail to renew your subscription of any Services before its scheduled expiration date, then the then-current non-promotional subscription rate will apply.;
2.5. Cancellation of Service Subscription. You can cancel your subscription for our Services at any time by contacting Customer Support at email@example.com. We will attempt to process all cancellations requests within 72 hours after we receive your request. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect. If you terminate your paid subscription for Services, your subscription will remain active until the end of your then-current subscription period.
2.6. We reserve the right to revise the terms of the fee charge, cancellation, and refund policies, upon reasonable advance notice communicated on the Website and/or Mobile App or such other means as we may deem appropriate from time to time. Any changes made will apply to all memberships created or renewed after the date such changes were implemented.
2.7. All prices for our Brain games services specified above are inclusive of all tax. However, the prices may be subject to change depending on applicable VAT tax rates and changes of such rates in the place of your residence from where you are making the purchase.
3. trying out our BRAIN GAMES SERVICE Access
3.1. After purchase of your chosen plan we provide you with instant access to our Brain games service depending on which plane you chose. When you purchase a monthly Brain games service from us for the first time, your payment card will be automatically charged with the then-current price for one month of Brain games services. When you purchase an annual Brain games service from us for the first time, your payment card will be automatically charged with the then-current price for a year of Brain games services.
3.2. If you continue to use monthly Brain games services after the first month, we will continue to charge you at the regular rate of then-current price for each month of using the Brain games services. If you continue to use annual Brain games services after the first year, we will continue to charge you at the regular rate of then-current price for each year of using the Brain games services.
3.3. If you don’t like our Brain games services you are free to cancel your Brain games services subscription. You can cancel your access to Brain games services anytime by simply sending an email to our customer support team at firstname.lastname@example.org anytime.
4. User’s rights and obligations
4.1. By agreeing to these terms of service, you confirm that you are at least 18 years of age. You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
4.2. You can contact the Provider’s customer support team at any time via email or telephone. The cost of using the Support team of the Provider does not increase the Brain games service price and are included therein.
4.3. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws. All contents of the Services, including graphic designs and tests, belong to the ownership of the Provider. All contents of Our Services are protected and governed by copyright laws and each individual use of any copyrighted content without the Provider’s license constitutes a violation of Our copyright.
4.4. You acknowledge that the webpage does not have to be accessible all the time, especially with regards to the necessary hardware and software maintenance works performed from time to time.
4.5. By Agreeing to these terms of service, you confirm that you understand that the Services may not be refused once they are provided to you. However you have the right to terminate your membership at any time with no additional costs and you will not be charged for any Services that were not provided to you – you will only have to pay for the Services that were delivered to You prior termination.
4.6. Furthermore, by agreeing to these Terms and making a purchase on Our Website you confirm to Us, that:;
(a) You are at least 18 years old or above the legal age applicable in your country for entering into any distance agreement;;
(b) Your provided contact, billing and personal information is true and correct;;
(c) You are paying for the Services with the credit card that belongs to You or the owner of the credit card has authorized You to use the card and such authorizations were issued in a form which is required by law in your place of residence;
(d) You are purchasing the Services for personal use only.
5. Provider’s rights and obligations
5.1. The Provider shall not be held responsible for any damages resulting from completion or assessment of the tests. The User acknowledges that test results are for entertainment only and a different result can be obtained in different tests.
5.2. The Provider is not responsible if information made available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. The website contains tests that aim to measure cognitive skills. By using these tests, you agree that they are provided for public use with no guarantee of validity or accuracy of the results and are not to be interpreted as diagnostic or indicative of any illness or disability.
5.3. The Provider made every effort to display as accurately as possible the colors and images in tests that appear at the site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
5.4. The Provider does not warrant that the Services will be uninterrupted or error free. The Provider shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, performing, completion or settlement of transactions or the Services.
5.5 We reserve the right to cancel your request to purchase our Services and reject any payments that you make on the Website if we have reasonable ground to believe that:;
(a) You are buying our Services for industrial or commercial use (including reselling or leasing) or for third party use;;
(b) You are younger than 18 years of age;
(c) You have not read these Terms.
6. Personal data protection
6.1. To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Your test results may be stored securely with your details to help us tailor and improve our services to you.
6.2. Your results may also be used with your personal information to help us in our research, which may include presenting the results in several forms of media. All data will be reviewed and described in aggregate and anonymously with all users. No personally identifiable information will be included in these presentations.
6.4. By accepting these Terms you agree that the Provider would use your personal data for the purposes of carrying out his obligations regarding provision of Services.
7.1. All intellectual property that can be found on the Website or received while using our Services, including but limited, the content of Services, copyrights, logos and trademarks and all other intellectual property contained therein, including but not limited to any content, is owned by Us.
7.2. Users of the Website and/or Services are forbidden to reproduce, edit, transmit, publish or lend any materials or intellectual property related to the Services, including but not limited to digital content supplied and/or provided by Us in whole or in part without Our prior written consent.
7.3. No part of these Terms can be interpreted as a transfer of intellectual property rights in relation to the Services.
7.4. We shall have the right, for the purpose of enforcing intellectual property rights, to impose restrictions on the number of devices or types of devices on which digital content related to the Services can be used.
7.5. If any User of our Website and/or Services acts in contravention with this section of Terms, We will suspend access to the relevant digital content, notwithstanding Our right to recover from the User the loss suffered as a result of or in connection with the infringement including any expenses incurred (lawyers costs, etc.).
8. Cancelations and refund policy
8.1. Since all Services are in digital form only, by agreeing with these terms of service the User confirms that he/she understands that the Services shall be considered as delivered to the User from the moment when a particular digital content (i.e. access to Brain games service, certificate of the test results) become available to the User.
8.2. In accordance to the provisions of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on the protection of consumers, by agreeing to these Terms You confirm that You understand that digital content (test certificate) that had been made available to You may not be canceled and returned to the Provider. The Provider is not obliged to make any refunds for any cancellations of Services which were delivered to the User prior cancellation unless these Terms state otherwise.
8.3. If you purchase the Brain games services access on a trial basis ("Trial"), you will be charged for the Trial period shown in the checkout page. You may cancel your subscription any time during the Trial Period by sending us an email email@example.com. If you decide to cancel your subscription within the Trial period of subscription, we will not charge you anymore. If you cancel your Brain games services Access subscription after the Trial Period, then you will not be eligible for a refund, but we will stop the recurring payments and not charge you anymore. If you do not cancel during the Trial Period, you agree that your subscription will automatically renew and that you will be billed the recurring subscription fee shown during the sign-up process on a recurring monthly/yearly basis. You expressly authorize us to automatically charge the applicable recurring fee and any applicable taxes to your payment method unless and until you cancel. If you cancel prior to the end of a billing cycle for which you have already paid, you will have access to the Service until the end of that billing cycle.
8.4. If you want to cancel your Brain games services you can do that any time by sending an email to our customer support via an email firstname.lastname@example.org. If you wish to cancel your Services by sending us an email, please provide the following details in the email: in the subject line please state “Cancellation of Agreement” and in the body of the message please specify your full name, surname, e-mail address, phone number and a brief description of why you wish to cancel your Services.
9. Governing law and disputes
9.1. If you have any complaints regarding the Services you may contact our customer support at any time. We will put our best efforts to deal with complaints as soon as possible.
9.2. All complaints or claims provided by you to us in written form, except shall be processed within 14 days from receiving. We will put our best efforts to the positive settlement of the complaint or claim. We may refuse to process a complaint or claim if it is provided in other form than written.
9.3. If we are unable to reach an amicable settlement with You or if you have any other complaints about our goods or services, You may submit a request or complaint regarding your purchase to your local consumer rights protection authorities. You can also fill out a request / complaint form on the EGS platform at http://ec.europa.eu/odr. You have the right to appeal to any court of your place of residence or to other institutions considering consumer disputes in the out-of-court procedure.
9.4. These terms of services shall be governed by the law of the Republic of Lithuania, except when your local laws specifically state that the national (or international) laws of the consumer’s place of residence can be applied.
10. Disclaimers and liability
10.1. UNDER NO CIRCUMSTANCES SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY SERVICES PURCHASED FROM US.
10.2. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY APPLY TO YOU IN LESSEN EXTENT. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY COMPANIES OR AFFILIATES IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.
10.3. BY AGREEING TO THESE TERMS YOU CONFIRM THAT YOU UNDERSTAND THAT ALL SERVICES PROVIDED BY THE US ARE FOR RECREATIONAL PURPOSES ONLY. THE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS WHICH WOULD BE IN RELATION TO USE OF THE SERVICES FOR OTHER PURPOSES THAN STATED IN THESE TERMS OF SERVICE.
10.4. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE ACCESSIBLE AT ALL TIMES, UNINTERRUPTED OR ERROR FREE.
10.5. The Site cannot and does not contain professional or definitively accurate product/service advice and/or opinions. The product/service information and/or opinions are provided for entertainment and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon your scores, we encourage you to consult with the appropriate professionals. We do not provide any kind of professional or definitively accurate product/service advice. THE USE OF RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.
11.1. If any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
11.2. The User may not transfer or assign or sell any rights or obligations under these terms of services or otherwise grant any third party a legal or equitable interest without the Provider’s prior written consent. The Provider reserves the right to transfer or assign these terms of services or any right or obligation under these terms of services at any time.
11.3. The User can review the most current version of the terms of service at any time at this page. The Provider reserves the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. The Provider shall inform the User about any changes in the Terms within a reasonable timeframe.
Company: Rebilita UAB
Address: Gedimino str. 45-7, LT-44239 Kaunas, Lithuania
Reg. number: 304912714
+1 352 508 4041