Terms of Use for Brainsfirst

VERSION: 12-09-2016

The service "Brainsfirst" is offered over the internet in the form of Software-as-a-Service by the company Brainsfirst B.V.. The use of Brainsfirst is subject to the below terms and conditions. Using Brainsfirst constitutes acceptance of these terms and conditions.

Deviations from these terms and conditions is possible only by means of written confirmation by Brainsfirst B.V..

Article 1. Use of the service

  1. Clearly specify our purpose before we process personal data, by using this Privacy Statement;
  2. Limit our collection of personal data to only the personal data needed for legitimate purposes;
  3. First ask for explicit permission to process your personal data in cases where your permission is required;
  4. Take appropriate security measuresn to protect your personal data and we demand the same from parties who process personal data on our behalf;
  5. Respect your right to inspect, correct or delete your personal data held by us.

Article 2. Terms of use

  1. It is not permitted to use Brainsfirst for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
  2. In particular it is not permitted to create profiles on Brainsfirst under the names of other people or to pretend to be another person, or a moderator/maintainer of Brainsfirst.
  3. In addition, it is forbidden to:
    • use indecent language;
    • publish information in violation of copyright or hyperlinks to such information;
    • assist others in violating third-party rights;
    • violate the privacy of third party, for example by distributing their personal data without permission or clear need or the repeated harassment of third parties with unwanted communications.
  4. Should Brainsfirst B.V. discover that you violate any of the above, or receive a complaint alleging the same, Brainsfirst B.V. will issue a warning. If the warning does not lead to an acceptable resolution, then Brainsfirst B.V. may intervene to end the violation. In urgent or serious cases Brainsfirst B.V. may intervene without warning.
  5. If in the opinion of Brainsfirst B.V. the continued functioning of the computer systems or network of Brainsfirst B.V. or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Brainsfirst B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
  6. Brainsfirst B.V. is at all times entitled to file a criminal complaint for any offenses committed through or using the service. In addition Brainsfirst B.V. is entitled to supply your name, address, IP-address and other identifying data to a third party alleging that you violate its rights or these terms and conditions, provided the validity of the complaint is clear, no other way of obtaining this information exists and the third party has an evident interest in obtaining this information.
  7. Brainsfirst B.V. may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Brainsfirst B.V. from all third-party claims arising out of your violation of these terms of use.

Article 3. Availability and maintenance

  1. Brainsfirst B.V. uses its best efforts to have the service available at all times, but makes no guarantees about uninterrupted availability.
  2. Brainsfirst B.V. actively maintains Brainsfirst. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
  3. Brainsfirst B.V. may from time to time adapt Brainsfirst. Your feedback and suggestions are welcome but ultimately Brainsfirst B.V. decides which adaptations to carry out (or not).

Article 4. Intellectual property

  1. The service Brainsfirst, the accompanying software as well as all information and images on the website is the intellectual property of (suppliers or licensors of) Brainsfirst B.V.. None of these items may be copied or used without prior written permission of (the supplier or licensors of) Brainsfirst B.V., except and to the extent permitted by mandatory law.
  2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Brainsfirst B.V. receives a limited license to use this information for the service, including for future aspects thereof.
  3. If you send information to Brainsfirst B.V., for example a bug report or suggestion for improvement, you grant Brainsfirst B.V. a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
  4. Brainsfirst B.V. shall refrain from accessing data you store or transfer using Brainsfirst, unless this is necessary for a good provision of the service or Brainsfirst B.V. is forced to do so by law or order of competent authority. In these cases Brainsfirst B.V. shall use its best efforts to limit access to the information as much as possible.

Article 5. Compensation for the service

  1. Brainsfirst is offered at no charge to users whose cognitive performances are assessed.
  2. Licensors of Brainsfirst have to pay a fee for their use of Brainsfirst. The amount of the fee as well as payment terms will be agreed upon in a separate agreement.

Article 6. Limitation of liability

  1. Except in case of intentional misconduct or gross negligence Brainsfirst B.V. shall not be liable for the use of the service or any damages in connection therewith.
  2. Brainsfirst B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
  3. Damages may only be claimed if reported in writing to Brainsfirst B.V. at most two months after discovery.
  4. In case of force majeure Brainsfirst B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.

Article 7. Term and termination

  1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
  2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
  3. Brainsfirst B.V. is entitled to terminate the agreement if you have not used the service at all in the last 24 months. In such an event Brainsfirst B.V. shall first send a reminder mail to the e-mail address connected to your account.

Article 8. Changes to terms

  1. Brainsfirst B.V. may change or add to these terms and conditions at any time.
  2. Brainsfirst B.V. shall announce through the service changes or additions at least thirty days before their taking effect.
  3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Brainsfirst after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.

Article 9. Miscellaneous provisions

  1. Dutch law applies to this agreement.
  2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Brainsfirst shall be brought before the competent Dutch court for the principal place of business of Brainsfirst B.V..
  3. For any clause in these terms and conditions that demand that a statement must be done "in writing" to be legally valid, a statement by e-mail or communication through the Brainsfirst service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
  4. The version of any communication of information as recorded by Brainsfirst B.V. shall be deemed to be authentic, unless you supply proof to the contrary.
  5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
  6. Brainsfirst B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Brainsfirst or the associated business activities.