Terms of services
These Terms of Service are applicable if you create a BrainTrack account on or after January 1st, 2024. Your utilization of BrainTrack Apps is governed by the following terms and conditions, referred to as the "Terms of Service." Please carefully review these Terms of Service.
By using the Apps, establishing an Account (as defined below), or making payments for the Apps (as defined below), you are agreeing to be bound by these Terms of Service. You also confirm and guarantee that you are either (a) at least 18 years old or (b) if you are at least 13 years old, you have obtained permission from your parent or legal guardian to use the Apps. If you do not meet the criteria mentioned above or do not wish to be bound by these Terms of Service, you are not permitted to access or use the Apps or create an Account.
These Terms of Service include vital information regarding your rights, responsibilities, and potential limitations and exclusions that may apply to you, including the selection of applicable law and jurisdiction.
For the purposes of these Terms of Service, the following definitions apply:
"Apps" refer to the BrainTrack websites, including www.braintrackandresearch.com, and our BrainTrack applications accessible via the web, mobile phones, or tablets. The Apps are copyrighted works owned by BrainTrack Research Pvt Limited.
"BrainTrack Research Pvt Limited.," "we," "us," or "our" denote BrainTrack Research Pvt Limited Corporation.
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Account:
To access and use our Apps, you must possess an account ("Account") containing specific information provided by you. Account information encompasses, but is not limited to, your name, email address, and password, as well as any other information about yourself that you may decide to input into the Apps ("Account Information"). You affirm and guarantee that (a) all necessary information you provide is truthful and accurate, and (b) you will maintain the accuracy of this information. You have the option to delete your Account at any time, for any reason, by following the instructions within the App or by contacting us at braintrackresearch@gmail.com. We reserve the right to suspend or terminate your Account as outlined in Section 12 (Termination). It is your responsibility to safeguard the confidentiality of your Account login information, and you are fully accountable for all activities conducted under your Account. You commit to promptly informing us of any unauthorized usage or suspected unauthorized usage of your Account, as well as any other breaches of security. We disclaim any liability for losses or damages arising from your failure to comply with these stipulations.
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Access:
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Free Access:
We offer access to certain features within our Apps at no cost, which we refer to as the "Free Offering." To utilize the Free Offering, you must register for an Account on our Apps.
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Paid Access:
We provide access to specific features within our Apps for a fee, known as the "Paid Offering." To access any Paid Offering, you are responsible for paying the stated fees as outlined in our Apps. By using our Apps, you authorize us to charge your credit card or other provided payment method. Timely payment of all fees and applicable taxes related to our Paid Offerings using a valid payment method is your responsibility. If your payment method fails or you have outstanding amounts owed to BrainTrack Research Pvt Limited, we may use other collection methods (including involving collection agencies and legal counsel) or suspend your Account and/or access to any or all Apps (whether Paid Offering or not). For Paid Offerings with recurring subscriptions, your credit card or payment method will be automatically charged on the start date of your subscription and on each subsequent renewal date, until you cancel your subscription to that Paid Offering. All subscriptions renew automatically upon the expiration of the current subscription period, unless canceled earlier, which can be done through the features provided in the Apps or by contacting us as described in Section 18 (Contact Information) below. Please note that we retain the right to change our fees at our discretion. We will inform you of such changes through notices posted on our Apps or by sending you an email notice to the address provided for your Account. Any fee changes will only apply to your next subscription period.
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Sponsored Access:
Our business partners ("Partners") offer their members, clients, patients, and/or customers access to certain features within our Apps, generally comparable to our Paid Offering, referred to as the "Sponsored Offering." To use a Sponsored Offering, the Partner must request us to provide you with access to it. We may suspend or terminate your Account at the Partner's request. The features in your Sponsored Offering may differ from those in the Paid Offering. The Partner granting you access to the Sponsored Offering may impose additional terms of service for its use and may offer additional protections in addition to these Terms of Service. If you have inquiries about these additional terms, please contact the Partner providing you access to our Apps.
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Proprietary Rights:
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Apps and Site Content; Ownership; and License:
BrainTrack Research Pvt Limited is the owner and provider of the Apps. The content and information available on the Apps, referred to as the "Site Content," including data generated while using the Apps ("Training Data," see item 3B) and user feedback ("Feedback," see item 3C), excluding Account Information and any other content submitted by users of the Apps ("User Content," see item 3D), are owned by BrainTrack Research Pvt Limited and its licensors. Subject to these Terms of Service, BrainTrack Research Pvt Limited grants you a limited license to: (i) share copies of your Training Data with anyone you choose; (ii) access and utilize the Apps solely for your personal, non-commercial purposes; (iii) install and use the Apps on your personal mobile phone or tablet device, in executable object code format only, for your personal, non-commercial use; and (iv) view and print a single copy of any Site Content, each for your personal, non-commercial use. You agree not to remove any copyright, trademark, or other proprietary rights notices within or on the Apps or Site Content or "frame" or "mirror" any part of our Apps or Site Content without prior written consent from BrainTrack Research Pvt Limited. Unauthorized use, reproduction, modification, distribution, display, or performance of the Apps or any Site Content is strictly prohibited. You are not allowed to disassemble, reverse compile, or reverse engineer any part of the Apps or Site Content. BrainTrack Research Pvt Limited and its licensors retain all rights not expressly granted in these Terms of Service.
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Training Data; Ownership; and License:
Information created when you use our Apps, such as your usage, progress, and performance within the Apps (collectively known as "Training Data"), is owned by BrainTrack Research Pvt Limited and its licensors. Subject to these Terms of Service, BrainTrack Research Pvt Limited grants you a limited license to view and print one or more copies of your Training Data for your personal, non-commercial use.
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Feedback; Ownership; and License:
If you provide any comments, feedback, or suggestions regarding the Apps or any services offered by BrainTrack Research Pvt Limited (collectively referred to as "Feedback"), BrainTrack Research Pvt Limited may use such Feedback for any purpose. In order to incorporate such Feedback into BrainTrack Research Pvt Limited Apps and/or services, BrainTrack Research Pvt Limited will exclusively own all rights, title, and interest, including all associated intellectual property rights, in and to such Feedback. In consideration for your use of the Apps and Site Content, you hereby grant BrainTrack Research Pvt Limited full rights to use such Feedback free of charge.
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User Content; Ownership; and License:
We do not claim ownership over the content you provide to the Apps, such as your name or a profile picture ("User Content"). However, you grant us a worldwide, perpetual, irrevocable, non-exclusive, fully-paid, and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, perform, display, transmit, distribute, create derivative works of, and otherwise use your User Content solely in connection with providing our Apps. You also agree to waive any moral rights or attribution claims regarding our permitted use of your User Content, and you should only provide your User Content to our Apps if you are willing to grant the described licenses and have the necessary rights to do so.
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No Implied Licenses:
These Terms of Service do not imply any additional licenses beyond those explicitly mentioned.
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Apple App Store Terms and Conditions:
You acknowledge and agree that the availability of the Apps as native applications on mobile phones and tablets depends on the third-party source from which you obtained the Apps, such as the Apple App Store or Google Play Store. You understand that these Terms of Service establish an agreement between you and BrainTrack Research Pvt Limited, and not with the App Store. Each App Store may have its own terms and conditions that you must accept before downloading the Apps, including Apple's Media Services Terms and Conditions. You agree to comply with and acknowledge that your use of the Apps is contingent upon your adherence to all relevant terms and conditions set by the applicable App Store. The following additional terms and conditions apply if you are using Apps from the Apple App Store.
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Acknowledgment:
Both BrainTrack Research Pvt Limited and you acknowledge that the Terms of Service are solely between BrainTrack Research Pvt Limited and you, and not with Apple. BrainTrack Research Pvt Limited, not Apple, is responsible for the Apps and their content. If these Terms of Service provide usage rules for the Apps that are more restrictive or conflicting with those in the Apple Media Services Terms and Conditions, the stricter or conflicting Apple terms prevail.
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Maintenance and Support:
BrainTrack Research Pvt Limited is solely responsible for providing any maintenance and support services for the Apps, as specified in these Terms of Service (if any) or as required by applicable law. Apple has no obligation to provide any maintenance or support for the Apps.
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Product Claims:
BrainTrack Research Pvt Limited and you acknowledge that BrainTrack Research Pvt Limited, not Apple, is responsible for addressing any claims made by you or any third party related to the Apps, including product liability claims, claims of non-compliance with legal or regulatory requirements, or claims arising from consumer protection laws. These Terms of Service do not limit BrainTrack Research Pvt Limited's liability to you beyond what is allowed by applicable law.
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Intellectual Property Rights:
In case of any third-party claims that the Apps or your use of the Apps infringes on their intellectual property rights, BrainTrack Research Pvt Limited, not Apple, is solely responsible for investigating, defending, settling, and resolving such claims.
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Legal Compliance:
If you are located outside the Indian territory, international arbitration law shall apply, but the arbitration proceedings shall be conducted in India.
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Developer Name and Address:
BrainTrack Research Pvt Limited's contact information for user questions, complaints, or claims related to the Apps is provided in Section 18 (Contact Information).
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Third-Party Terms of Agreement:
You must adhere to the applicable third-party terms of agreement when using the Apps.
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Third-Party Beneficiary:
Both BrainTrack Research Pvt Limited and you acknowledge and agree that Apple, as well as Apple's subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary.
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Acceptable Use and Conduct:
You are solely responsible for your User Content, except for our licensed use as described above. You assume all risks associated with the use of your User Content, including reliance on its accuracy, completeness, or usefulness by others, or any disclosure of User Content that personally identifies you or any third party. You agree to use the Apps in compliance with all applicable laws and regulations.
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Prohibited Content:
You agree not to post, exchange, provide, or process any Prohibited Content on the Apps. "Prohibited Content" includes content that, in our sole discretion, is objectionable, offensive, harmful (e.g., computer viruses), unlawful, or content that may harm us, our Apps, or other users directly or indirectly.
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Breach:
Any use of our Apps in violation of these Terms of Service may result in immediate suspension or termination of your Account and/or your rights to use our Apps. Suspension decisions are made at our sole discretion and may occur without prior notice.
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Enforcement by Us:
We have the right (but not the obligation) to review any or all parts of your User Content and may delete (or modify) any User Content if we believe, in our sole discretion, that it violates these Terms of Service, contains Prohibited Content, threatens the safety of others, or creates liability for us or any other person. We also reserve the right (but are not obligated) to investigate and take appropriate action, including removing Prohibited Content, suspending or terminating your Account, suspending or terminating our Apps, and reporting you to law enforcement authorities, if you violate this provision or any other provision of these Terms of Service.
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Third-Party Sites; Other Users:
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Third-Party Sites:
The Apps may contain links to other websites or services operated by third parties, or display advertisements for third parties (collectively, "Third Party Sites"). We do not control Third Party Sites and are not responsible for their content or any links contained therein. These links are provided for convenience only, and we do not endorse or warrant Third Party Sites. If you choose to access or use Third Party Sites linked to the Apps, you do so at your own risk. Third Party Sites are subject to their own terms and policies, including those related to privacy and data collection practices.
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Other Users:
Each user of the Apps is solely responsible for their User Content. Because we do not control User Content, we are not responsible for any User Content's accuracy, currency, suitability, or quality. Your interactions with other users are solely between you and them, and we are not responsible for any losses or damages resulting from such interactions. If there is a dispute between you and another user, we are not obligated to intervene.
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No Medical Advice:
The Apps, Site Content, User Content, and Training Data are for informational purposes only and do not substitute for professional medical advice, diagnosis, or treatment. Consult a qualified healthcare provider regarding any medical condition or symptoms, regardless of any information within the Apps. Do not disregard professional medical advice or delay treatment based on information in the Apps. The Apps do not recommend specific treatment plans, products, or courses of action. Always consult your healthcare provider before starting or discontinuing any treatment. If you experience adverse effects from using the Apps, cease use and contact your healthcare provider as well as BrainTrack Research Pvt Limited.
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Backups
We regularly back up your Account Information, User Content, and Training Data. You acknowledge that backups may occasionally fail, and we have no obligation to compensate you for such failures or any related damages beyond our reasonable control.
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Copyright Policy:
BrainTrack Research Pvt Limited respects intellectual property rights. We have implemented a policy regarding copyright law to remove infringing materials and terminate users who repeatedly infringe intellectual property rights, including copyrights, in connection with our Apps.
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Termination:
These Terms of Service remain in effect as long as you are a user. You can terminate your Account at any time for any reason by providing notice via email to braintrackresearch@gmail.com. We may suspend or terminate your Account or cease providing our Apps under certain circumstances, including for breach of these Terms of Service, at our discretion. We may also modify our Apps at any time.
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Trademarks:
All trademarks, logos, and service marks on the Apps are owned by BrainTrack Research Pvt Limited or third parties. You may not use these Marks without our prior written consent or the consent of the respective owners.
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Amendment:
BrainTrack Research Pvt Limited may amend these Terms of Service periodically. If there are material changes, we may notify you through email or by posting the updated Terms of Service on the Apps. Your continued use of the Apps after such notice constitutes acceptance of the changes.
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Governing Law:
These Terms of Service are governed by the laws of the Government of India. You agree to submit to the exclusive jurisdiction of the Indian courts for the resolution of any disputes arising from or related to these Terms of Service.
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International Users:
These Terms of Service are written in English (US). If you access the Apps from regions with different data collection laws than Indian law, you consent to transferring your Personal Information to India. The law of the Government of India and/or the State of Delhi shall govern disputes arising from these Terms of Service (except for disputes related to Third Party Sites, governed by the respective Third Party Site's terms and conditions).
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Audience:
The Apps are operated from India, and users outside India access them at their discretion. They are responsible for compliance with local or national laws as applicable.
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Security Measures:
BrainTrack Research Pvt Limited employs industry-standard security measures to protect data, including Account Information and Training Data. These Security Measures are designed to safeguard data integrity and prevent unauthorized access, but they may be updated by BrainTrack Research Pvt Limited.
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General Provisions:
Our failure to enforce any provision of these Terms of Service does not constitute a waiver of that provision. If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in effect. The section titles are for convenience only and have no legal effect. These Terms of Service, along with any additional terms on specific App pages, constitute the entire agreement between you and BrainTrack Research Pvt Limited.
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Contact Information.
If you have any questions about these Terms of Service, please contact us by e-mail at braintrackresearch@gmail.com or by writing to us at BrainTrack Research Pvt Limited, 13 Nizamuddin East Market, New Delhi, 110013, India