Terms of Service
Thank you for using Brainer!
The service will be provided by Amadil Inc., with its registered office at 2330 PONCE DE LEON BLVD , CORAL GABLES, FL, USA ("Amadil Inc." or “Company”). These Terms of Service (“TOS”) apply to services provided through the brainer.cc site and through its mobile version (the “Website”).
These TOS represent a binding contract between you and the Company, and by creating an account or otherwise accessing the services offered through the Website, you expressly agree to be bound by them. If you do not agree to be bound by the TOS, you may not use or purchase the Service.
The Website is used to:
• provide you with information about our business and services;
• enable creation of a user account;
• provide services in the form of personalized content and training experience;
• process your payments for our services,
collectively to be referred to as “Services”.
To be able to use our Services, you are required to create an account with us. In order to create an account, we require you to provide information about yourself: your email address and a password, as well as your name, surname and debit or credit card details (“Account Information”).
The minimum technical requirements to use the Website and our Services are as follows:
• Internet connection;
• the most up to date version of one of the following browsers with enabled cookies and Java Script: Microsoft Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Apple Safari.
You are only authorized to view, copy, print, and distribute (but not modify) the content on the Website, provided that such use is only for noncommercial purposes.
Through the Website you are able to link to other websites which are not under the control of Amadil Inc.. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
The Services are subject to protection under applicable intellectual property legislation and by accepting these TOS you agree to abide by such provisions. Without our prior written consent, you may not download, copy or store Service content in any form outside of the Services and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Service content.
Some features of our Services may either now or in the future allow you to post or submit content and materials for publication as part of our Services (“Your Content”). You assert that you own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer the Services or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
We are providing you with access to Services pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use our Services for personal, non-commercial use only, and subject to the TOS. This license is available to you as long as you are not barred from Services by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use the Services. The company reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Canceling Your Account
While we hope you enjoy using the Services, you may cancel your account at any time by contacting our customer support team or in the settings section (requires you to be logged in). For information about the availability of refunds, please review the following paragraph - Payment Policy.
You may access parts of the Services for free, while other may require payment of subscription fees. This Payment Policy applies to users who have purchased access to Services’ subscription plan to access the Services online or through a mobile application, and to individuals whose payment details have been used to purchase the Services.
Overview of Subscription Plans and Payments
We offer paid subscription plan preceded by 7 days free trial period. Paid plan starts automatically after the 7 days trial period ends. Your account will be charged 49.99 USD monthly at the beginning of your premium subscription and once a month every next month subsequently until you cancel your subscription. You’re free to cancel your subscription at any time. The subscription will terminate at the end of the month the cancelation was done. You will not be charged any further fees since subscription was terminated, however we will not refund you for the fee already charged.
Refund Policy and Complaints Procedure
If you are not satisfied with our Services or in case you encounter any problems, you can file a complaint in an electronic form by contacting our Customer Service team at [email protected] Your complaint will be examined as soon as possible, in any case no later than within 30 days of the date on which the Company received your complaint. Your complaint should include the description of the issue you encountered and the preferred solution to your problem. Our response to your complaint will be sent to the e-mail address from which the complaint was sent or to any e-mail address indicated by you.
All Service subscriptions renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee.
The date that your subscription will automatically renew is provided on your Account page and in the payment confirmation email sent after your initial purchase. You may cancel automatic renewal at any time before that date through your Account page or by contacting our Customer Service team at [email protected] This will stop future subscription charges from accruing to your account.
Pricing Change Policy
Our prices may change in the future. If the pricing for your subscription does change, we will notify you, and provide you with an opportunity to change or cancel your subscription, before applying those changes to your account or charging your payment details in connection with an automatic renewal.
By providing payment information to us, you agree that the payment information is valid and (1) in your name or (2) in the name of an individual who has authorized you to use their payment information for your subscription purchase.
If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of Services provided to you.
Brainer is a subscription software and will continue until the subscription is cancelled. The subscription renews automatically at the end of each 30-days term.
Restrictions and Prohibited Uses
We expect, that our users do not misuse our products and services. Except with our written permission, you shall not:
1. Attempt to impersonate another person or use another person’s Account Information without authorization;
2. Use or distribute Services for your own scientific or clinical research purposes;
3. Violate or attempt to violate Services’ security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Service systems and networks;
4. Redistribute, decompile, reverse engineer, publish, or copy Services, including cracking its flash (.SWF) files;
5. Use Service for the purpose of creating a product with a substantially similar look, feel or design;
6. Access or search Services by any means other than our publicly supported interfaces (for example, “scraping”);
7. Interfere with others’ use and enjoyment of Services;
8. Use Services or any trademarks, game names, trade names, service marks, copyrights, or logos of the Company, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
9. Violate any third party’s rights, including intellectual property or privacy rights;
10. Threaten, stalk, harm, or harass others; or engage in activity in connection with the Services that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate or upload illegal or defamatory content through the use of Website or our services.
Engaging in prohibited uses gives ground for immediate termination of your account and may also expose you to civil or criminal liability.
You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE USE OF SERVICES IS AT YOUR OWN SOLE RISK AND THAT SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
THE COMPANY STRIVES TO MAINTAIN SERVICES ON A COMMERCIALLY REASONABLE BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO SERVICES AT ALL TIMES.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO SERVICES FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO SERVICES; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF SERVICES; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. YOU UNDERSTAND THAT SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
To the maximum extent permitted by applicable law, you will indemnify and hold harmless Amadil Inc., its affiliates, officers and/or employees, including by paying costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of your access to Services, Your Content, or the violation of the TOS by you.
Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
Governing Law. To the extent permitted by applicable law, the TOS shall be governed by Maltese law. The parties shall seek to resolve all the disputes or conflicts which may arise out of or in connection with these TOS amicably. If you are located in the EEA, as a consumer you have the possibility to use the European Commission’s Online Dispute Resolution system available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
Change Policy. The TOS may be updated from time to time for an important reason, e.g. in case we materially change the way we operate or in response to legislative changes. If we make material changes, we will provide advance notice to you either by email, by posting a notification upon logging in onto your account or by posting an updated TOS on the Website at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of Service following the effective date means that you agree with, and consent to be bound by, the updated TOS.
Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by the Company on Services, the TOS shall govern, unless otherwise indicated.