The following terms and conditions apply to people who visit Brainify, brainify.co (the Site) and register for a user account or an organisation account (there is a separate Conscent form for Employers). The following Terms and Conditions affect your legal rights and obligations. They form a legally binding contract between you and the Site. These are our terms and conditions for use of our service, and these apply whenever you access the website. By registering for an account on Brainify you will be deemed to have accepted these Terms and Conditions. We reserve the right to change and update these Terms and Conditions. 1. Acceptance Of Terms
The Site is an online platform which enables individuals or corporate professionals under employer accounts to complete profiles, make self-reflection tasks and access and/or purchase services from time to time made available on the Site ("Services"). Services include, but are not limited to, any service and/or content Brainify makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content ("Content") includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software. Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Brainify. Brainify reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Brainify may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your content and images and you are directed to retain your own copies of all Content posted on the Site. 3. Registration and personal account
As a condition to using our Services, you are required to open an account with Brainify and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Brainify account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Brainify account. Services are available only to individuals who are at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. 4. User Conduct
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Brainify are entirely responsible for all Content that you post, or otherwise submit to the Site. Brainify does not control user submitted Content. You understand that by using the Site you may be exposed to Content that is offensive or objectionable. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Brainify. By way of example, and not as a limitation, you agree not to use the Services:
To abuse, harass, threaten, impersonate or intimidate any person; To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person; For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services; To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Brainify user; To create or transmit unwanted 'spam' to any person or any URL; To create multiple accounts; With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site; To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services; To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; To promote or sell Content of another person To sell or otherwise transfer your profile.
In addition: You must only make lawful use of site You must not use or access the site in a way that causes, or is likely to cause, the site to be damaged, its performance to be impaired or access to the site to be interrupted or hindered. You may not use or access the Site, or any materials displayed on the site, for any commercial purpose without prior consent. This includes, but is not limited to, posting or sending to other members advertisements, commercial messages or solicitations for products or services. You are responsible for any photographs, text or other materials that you may upload to the site for sharing with other members. You must not upload any materials, or make statements through the site, or post links to other websites which contain materials, which are inaccurate or misleading, defamatory, disrespectful, insulting, abusive, obscene, sexually explicit or vulgar or which tend to incite racial or other hatred or infringe the proprietary, data protection, privacy or other rights of any person or are otherwise illegal. The copyright and all other intellectual property rights in this site belong to brainify.co or its licensors. You may view and print materials on the site and make reasonable personal use of those materials, including reasonable copying. You may not use framing techniques to display this site, any part of it or any other proprietary materials of Brainify. You may create hyperlinks to the brainify.co home page as long as the link does not use our logos or graphics and does not refer to brainify.co or any person or website associated with brainify.co in a manner which is false, misleading or derogatory.
Your Obligations & Responsibilities: You agree in reference to submitting content that you have the option of being contacted through the site. You agree that you are accurate and truthful in any content / applications you submit on / through / as a result of content on the site. To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under "COPYRIGHT COMPLAINTS" below) please send written notice to Brainify at email: firstname.lastname@example.org You are solely responsible for your interactions with other users of the Site. Brainify reserves the right, but has no obligation, to monitor disputes between you and other users. 5. Content
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Brainify a worldwide, exclusive license to use the content in order to provide you curation and feedback while using the Site services. The content you are posting is owned by you and Brainify distribute it only to the curator, who will work with you. In consideration of Brainify's agreement to allow you to post Content to the Site and Brainify's agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Brainify as follows:
You acknowledge that: By uploading your Content to Brainify you retain full rights to those works that you had prior to uploading. By posting Content to the Site you hereby grant to Brainify an exclusive, non-transferable, fully paid, worldwide license to use such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site and will automatically terminate upon the removal of the Content from the Site; Brainify uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. You retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content. You represent and warrant that: You are the owner of all rights, including all copyrights in and to all Content you submit to the site; You have the full and complete right to enter into this agreement and to grant to Brainify the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Brainify of the Content as contemplated herein; and The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order. You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Brainify, all of which such rights are hereby expressly and irrevocably waived by you in favour of Brainify.
Members are solely responsible for the content submitted. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. We reserve the right to refuse to publish submitted content for any reason. We reserve the right to edit or change any content listed on the site. We reserve the right to delete any accounts / profiles / connections / resources / comments (or other content) posted on the Site that are in any way improper or inappropriate, at any time and for any reason. We reserve the right to filter services applications on behalf of an Organisation or Employer (when the Organisation has given us permission to do so). 6. Fair Usage Policy
Brainify maintains a fair usage policy to ensure stable and fast service to all users. 7. Termination
You may terminate your Brainify account at any time in your sole discretion. To ensure the termination you have to write an email with request to email@example.com
. Brainify may terminate your account at any time for any reason. All content in your Brainify account will be removed upon termination of your account. 8. Copyright Complaints
Brainify respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement ("Infringement") of any person. Brainify will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site. To notify Brainify of a possible Infringement you must submit your notice in writing to the attention of "Copyright Infringement" care of firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement sufficient to enable Brainify to make a reasonable determination. Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright. If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Brainify with a counter notice in writing to the attention of "Copyright Infringement Counter Notification" at email@example.com. You must include in your counter notice sufficient information to enable Brainify to make a reasonable determination. Please note that you may be held accountable for damages (including costs and legal' fees) if you materially misrepresent that your Content is not infringing the copyrights of others. If you are uncertain whether an activity constitutes Infringement, we recommended seeking legal advice. 9. Links
The Services may provide, or third parties may provide, links to other World Wide Sites or resources. Because Brainify has no control over such sites and resources, you acknowledge and agree that Brainify is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Brainify shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 10. Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Brainify, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services. You hereby agree to indemnify and hold harmless Brainify, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Brainify Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party. 11. Limitation Of Liability
In no event shall Brainify be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in Excess of (in the aggregate) $100.
We cannot be held responsible for the implications of any decisions that a member / user takes as a result of content / information / advice / opportunities published on the site. We cannot be held responsible for any connections / introductions / opportunities that are accessed / made through the site. We provide the platform for these interactions to take place but cannot be held responsible for any negative outcomes. We do however work to ensure that all information posted on the site is accurate and truthful. We will actively remove content that does not conform to our standards. 12. Organisation Accounts
Brainify may terminate or suspend any and all Services and/or your Brainify account immediately, without prior notice, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Brainify account, you may simply discontinue using the Services. Or write an email to firstname.lastname@example.org
and Brainify will delete all your information during 2 working days. 15. Changes to these terms
Brainify reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Brainify will notify you by posting an announcement on the site. What constitutes a material change will be determined at Brainify's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified. 16. Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Brainify in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Brainify shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Brainify's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Brainify may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of the UK, as if made within the UK between two residents thereof, and the parties submit to the exclusive jurisdiction of UK courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. 17. Company Details
Brainify Ltd is a company incorporated in Russian Federation with its registered address at: 127051, Moscow, Petrovsky blvd, 3/2, of 1-2. Registered number: 1147746087830. Please direct any questions or comments to email@example.com