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BGaze: TERMS OF USE

Welcome to BGaze

Braingaze offers systems computers to help mental and neurological health professionals in their diagnostic work and (follow-up) treatment.

These Terms and Conditions of Use (” Terms “) constitute an agreement between a Client (who may be a natural person or a legal entity) and Braingaze , a company located in Mataró (Barcelona, ​​Spain) that offers systems under the trademark BGaze. When these terms refers to “Braingaze”, “BGaze” “we”, “us” or “our” refer to the company with Spanish tax identification number ES B66114133, holding its main offices at Tecnocampus, Torre TCM-2, Avda based Ernest Lluch 32, 08302 Mataró, Spain .

These Terms apply to your access and use of services BGaze or Braingaze, including our websites, applications, cognitive assessments, video games cognitive enhancement and / or attention, notifications by electronic or postal roads, other communications, trade services and other services included in these Terms (collectively, the “Services”).

You must accept these Terms in order to create a Braingaze / BGaze account, which will allow you to access and use our Services. Even if you have not created an account, you accept the Terms of Use specified in this Agreement if you proceed to use any part of the Services that does not require an account. If you do not accept these Terms and Conditions, do not create an account and do not use our Services.

1. Privacy policy

For information about our data practices, see our Privacy Policy , including our declaration of Use of Cookies. The company Braingaze is the final responsible for the processing of personal data that you or your clients / patients provide in relation to our Services. By accessing or using the Services, you agrees that Braingaze and its affiliates may collect and use this information in accordance with our Privacy Policy.

2. Use of the Services

Minors below 18 years of age are not permitted to enter or use the services, if their parents have not given their consent in accordance with applicable law.

If you as an individual accept these Terms and use the Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are legally authorized to do so and you have the authority to confirm that entity’s compliance with these Terms. In this case the terms “you” and “your” is used in these Terms will refer to that Client entity.

3. Create an account

The use of the Services BGaze requires that you provide us with information. This information may include your first and last name, username, a valid email address, a secure password, as well as your date of birth and gender. You are responsible for any activity that occurs in association with your account. Braingaze is not responsible for any loss or damage caused by the fact that you do not maintain the confidentiality of your account credentials. When you learn or suspect that any security breach has occurred related to the Services or your account, please contact us at info@bgaze.com .

If services were paid for by a clinical user for you to inform on a client / patient as contextual behavioral informant, the clinical user who initiated and facilitated your use of our services has access to the information you provide us with and can obtain reports on your use of the Service, but this clinician can never cause you an obligation to pay or any other commitment on your behalf.

4. Equipment Needed

The use of our Services requires a computer with the appropriate software or a compatible mobile device and Internet access. The status of this equipment may influence the performance of the Services. It is your responsibility the level of the functionality of the equipment. Consult the minimum recommended hardware and software requirements to use Braingaze in our FAQ.

5. Files or information that you upload to the Services

It is not permitted to (1) use another user’s account without authorization, or impersonate any person or entity; (2) upload any content that contains software viruses or that is designed to interrupt, destroy or limit the functionality of any equipment or service, or that contains other files or harmful content (3) collect information from other users for any reason, including , without limitation, sending unsolicited communications; (4) use the Services in any way that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or that may expose us or our users to any damage or liability of any kind.

6. Rights of Braingaze

Braingaze is the sole owner of and fully claims the intellectual property rights of all the Content available in the Services including any software functionalities available in the Services (collectively referred to as “Content”). The Content, Services and Technology underlying Braingaze are protected by copyright, trademarks, patents, intellectual property and other laws of Spain and other countries. It is prohibited to remove, change or hide any copyright notice, trademark, service mark or other property rights incorporated in the Services or that they may be associated with. Any trade mark Braingaze and / or third parties (including logos) that this is visible in the Services, cannot be copied, imitated or used, either in whole or in part without prior written permission. Trademarks and names of companies or products mentioned in the Services are the property of their respective owners and it is forbidden to copy, imitate or use them, in whole or in part, without written permission from the owner of the corresponding intellectual property.

7. How to use the Services: intended use of its functionalities

By using the Services, you agree to:

By using the Services, you agree not to:

8. Execution rights of Braingaze

We are not obligated to monitor the use of the Services, but we reserve the right to do so to ensure compliance with these Terms, or to comply with legal requirements. We reserve the right to reveal unlawful conduct to legal and criminal authorities and the right (or even duty) to cooperate with these authorities.

We may even eliminate or deactivate access to (part of) the Services at any time and without notice, and in our sole discretion, if we detect that your use of the Services violates these Terms.

9. Use the services at your own risk

The use of the Services is done at your own risk and responsibility. While Braingaze goes to great lengths to provide useful and reliable information with our Services, we do not guarantee in any way that content, information or service cannot include errors or is not susceptible to more than one interpretation. The nature of the data collected and presented using the Services should not be construed as an indication that the Food and Drug Administration (FDA) or any medical device regulatory agency in Europe considers or should consider the BGaze ACE software as a Medical Device.

BGaze ACE does not claim as its intended use the diagnosis, treatment, curing or prevention of any disease or medical condition. Neither Braingaze as a provider of BGaze ACE, nor allies with experience in the mental health field are responsible for the accuracy / reliability, nor for the correct use of the information that the Services offer. In case of doubts regarding the reliability or interpretation of the information offered, please contact Braingaze to better understand how to use this information. The diagnostic decision and the decision of the best treatment is a responsibility of the medical professional that the Services can support and facilitate but that will never replace it.

10. Sales conditions

Braingaze sells computer systems and applications that support the diagnostic process of a mental health professional, and allows people to inform third parties of their perceptions regarding the presence of symptoms in a specific environment.

Sale of services paying for use

Some Services are charged for each use that is made. If so, within the application you will be notified of the purchase price of this service. In some cases, Braingaze offers the possibility of buying service packs (such as a pack of 10 autism tests). The purchase of a Pack generates a right to use the purchased amount of Services within a certain period (normally 36 months , but this may vary – it is defined at the time of purchase).

Payment of these purchases will be made by credit card – you can allow us to save your credit card information or you can choose to provide them again at each purchase.

The purchased Packs are not exchangeable or subject to reimbursement and cannot be exchanged outside the Services for money or other items of value.

Sale of services for subscriptions

Some Services are sold as paid subscriptions to access. By subscribing, you agree that your subscription will be renewed automatically and, until you cancel your subscription, you authorize us to collect your payment method for the renewal term. The automatic renewal period will be the same as the initial subscription period, unless otherwise indicated at the time of sale. The applicable price during the renewal period will not be higher than the immediately preceding subscription period, excluding any initial discounts that may have been offered at the beginning of the subscription.

Braingaze has the right to revise its prices with one (1) month of pre-notice in writing. The Client has a right to terminate the agreement from when the revised prices begin to apply. Such cancellation must be made by notice in writing at least one of (1) week prior to the new prices taking effect, by email to info@bgaze.com.

In the case of a free trial subscription to a Service, the invoicing starts the day that the free trial subscription period ends, unless you have cancelled your subscription in traceable written form before that time.

When you provide payment information, you represent and warrant that the information is true and correct, that you are authorized to use the payment method provided and that you will notify us of changes in payment information.

Your purchase may be subject to commissions for currency exchange. Failure to settle your payments will trigger a temporary suspension of the use of our Services; this measure is taken without any prejudice to Braingaze being entitled to reclaim such payments in any other way as suitable under applicable law.

Cancellation

You may be able cancel one subscription yours at any time by accessing the configuration page within your account; in any case you can do so by contacting us at info@bgaze.com

Cancellation will be confirmed by Braingaze within three business days of receiving your request, and will be effective as of the day of the request.

No payment will be returned for subscription to the use of the current period (for example, month or year) that has already begun; therefore, a cancellation will take effect after the end of the current period. Regardless of the date of cancellation of a subscription, the Services that have already been paid will remain available until the end of the period already paid for such subscription.

11. Comments and Suggestions Policy

If you send us (at our request or otherwise) comments, ideas or suggestions, you accept that we can use them without compensation for you. If we want to disclose your comments identifying the source of this, we will need to obtain your agreement. Without your permission only these comments may be disclosed in an anonymous form.

12. Announcements, contests and draws

The Services may include links to content from other websites and online services. Braingaze assumes no responsibility for such websites or third-party services, nor for its availability.

Braingaze is not responsible for what potential third parties offer within its Services; At the moment you click on a link that takes you outside of our Services, the responsibility of Braingaze ends.

13. Alerts and Notifications

In the context of its use of the Services, Braingaze and / or third cooperating with Braingaze can send electronic notifications. By using our Services, you accept the receipt of these notifications. Any notification that we send to you electronically and that is recorded as read in accordance with our electronic communications delivery systems will be considered a communication received in writing according to the legal communication requirement.

14. Changes in Services

Braingaze has the right to change or discontinue, temporarily or permanently, any feature or component of the Services at any time without prior notice. Braingaze is not responsible to you or any third party for any modification, suspension or interruption of any feature or component of the Services. We reserve the right to determine the timing and content of software updates.

18. Termination

We reserve the right to suspend or deactivate your account or your access to certain aspects or to all Services, or to cancel these Terms, at our sole discretion, at any time and without prior notice or liability to you. In the event of early termination, we will refund part of your s payments received for services not being the proportion of time not enjoyed payments received for use in subscription mode or unused Pack mode. In case of suspension, deactivation or cancellation, we can delete all information related to your account on our servers; you will always have your database in the local application for your own use. You can close your account at any time by contacting info@bgaze.com In case of termination of these conditions, suspension or discontinuance of the Services or your account, the following provisions of these Terms will prevail: Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 18, 19, 20, 21, 22, 23, 24.

16. Disclaimer

THE SERVICES AND CONTENTS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. THE “BRAINGAZE ENTITIES” REFERS TO BRAINGAZE, ITS MATRIX COMPANIES, AFFILIATES, RELATED COMPANIES, DIRECTORS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS AND CONTRACTORS. WITHOUT LIMITING THE FOREGOING, THE BRAINGAZE ENTITIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR SERVICES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ENJOY CALM OR NON-INFRINGEMENT, AND ALL WARRANTIES ARISING IN THE COURSE OF NEGOTIATION OR USE OF TRADE . The Braingaze Entities do not guarantee that the Services meet their requirements or that they are available in an uninterrupted, secure or error-free manner. The Braingaze Entities do not guarantee the quality, accuracy, timeliness, accuracy, integrity or reliability of the Services.

17. Compensation

You will indemnify and hold harmless the Braingaze Entities from and against any claim, claim, action, claim, dispute, allegation or investigation filed by any third party, governmental authority or industrial body, and all liabilities, damages, losses, costs and expenses. , including, without limitation, attorneys’ reasonable fees, arising out of or in any way related to (i) your access to or use of the Services, (i i) your breach or alleged violation of any warranty made by you in by virtue of this document or its breach of any other provision of these Terms, or (iii ) your breach of any law or the rights of a third party. The Braingaze Entities reserve the right to assume control of the defense of any third party claim that is subject to indemnification on their part, in which case you will cooperate with us to enforce any available defense.

18. Limitation of liability

Neither the Braingaze Entities nor any other party involved in the creation, production or provision of services will be liable for any incidental, special, exemplary or consequential damages, including loss of profits, LOSS OF DATA OR GOOD WILL, INTERRUPTION OF SERVICE, COMPUTER DAMAGE, OR FAILURE OF THE SYSTEM OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES, ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LIABILITY OF THE PRODUCT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BRAINGAZE ENTITIES THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY ESTABLISHED IN THIS DOCUMENT IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE BRAINGAZE ENTITIES ‘TOTAL LIABILITY ARISE FROM OR IN CONNECTION WITH THESE TERMS OR FOR THE USE OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($ 100) OR THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE MONTHS LAST.

THE EXCLUSIONS AND LIMITATIONS OF THE DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS BETWEEN THE BASIS OF NEGOTIATION BETWEEN THE BRAINGAZE ENTITIES AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

19. Resolution of disputes

For any dispute that you have with us that has to do with these Terms (” dispute “), you agree that it will be resolved exclusively in the courts of the city of Barcelona, ​​Spain. You also accept and do not object to the laws of the State of Spain governing these Terms and any claim.

20. General Terms

Unless otherwise specified herein, these Terms constitute the full understanding and complete and exclusive agreement between Braingaze and you with respect to the Services, and these Terms replace each and every one of the above understandings or agreements oral or written between Braingaze and you with respect to BGaze Services.

We will notify you before making substantial changes to these Terms and we will give you the opportunity to review the revised Terms before continuing to use the Services. When you use the Services after an amendment becomes effective, we both agree that it means you accept the modified Terms.

If for any reason a court of competent jurisdiction determines that any provision of these Terms is invalid or unenforceable, such provision shall be enforced to the fullest extent permitted and the other provisions of these Terms shall remain in full force and effect.

You may not assign, delegate or transfer these Terms, either by law or otherwise, without the prior written consent of Braingaze . Any attempt on your part to assign or transfer these Terms, without such consent, will be void. Braingaze may freely assign or transfer these Terms without restrictions as long as this does not substantially affects the quality and form of the Services offered.

Any notification provided by Braingaze that has to do with these Terms, will be made: (i) by email or (ii) by notification visualized within the Services User Interface. In the case of notifications made by email, the date of receipt of the message will be considered the date of transmission of such notification.

In case Braingaze does not exercise any right that results from these Terms, this will not be interpreted as a waiver of such right. The waiver of any right arising to these Terms will be effective only if made in writing and signed by representative (s) duly authorized (s) of Braingaze.

21. Possible Additional Terms

There may be additional terms to accept in order to use certain products or services. In case there is a conflict between these Terms and any additional terms, the additional terms will prevail.

22. Contact us

You can contact us by email at info@bgaze.com or at our postal address below:

Braingaze – The Mind Tracking company

TCM-2 Tecnocampus

Avda Ernest Lluch 32

08302 Mataró (Barcelona)

Effective : October 25, 2018