Terms of Use
1. Acceptance & Eligibility
Agreement to Terms
By accessing, downloading, installing, or using Brainspoke’s services, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, do not use our services.
Eligibility Requirements
- Age Requirement: You must be at least 18 years old (or the legal age of majority in your jurisdiction)
- Capacity: You must have the legal capacity to enter into binding agreements
- Geographic Restrictions: Our services are available only in supported regions
- Account Accuracy: You must provide accurate and complete information
Minors and Parental Consent
Special Requirements for Users Under 18
Users between 13-17 years old may use our services only with verified parental or guardian consent. We do not knowingly provide services to children under 13.
- Parent/guardian must create and manage the account
- Enhanced privacy protections apply
- Limited data collection and processing
- Parent/guardian retains all legal rights and responsibilities
Business and Institutional Use
If you are using our services on behalf of an organization:
- You represent that you have authority to bind the organization
- The organization agrees to be bound by these terms
- Both you and the organization are responsible for compliance
- Additional terms may apply for enterprise or research use
2. Device & Software License
License Grant
What You Get
Subject to your compliance with these terms, Brainspoke grants you a limited, non-exclusive, non-transferable, revocable license to:
- Use the Brainspoke hardware device for personal, non-commercial purposes
- Download and use our mobile applications on compatible devices
- Access our web dashboard and cloud services
- Receive software updates and new features
License Restrictions
What You Cannot Do
- Reverse engineer, decompile, or disassemble the hardware or software
- Modify, adapt, or create derivative works
- Remove or alter any proprietary notices or labels
- Use the device for any illegal or unauthorized purposes
- Rent, lease, lend, sell, or redistribute the software or device
- Access or use the services to build competing products
Software Updates
To ensure optimal performance and security:
- Automatic Updates: Software may update automatically to provide new features and security patches
- Compatibility: Updates may require newer hardware or operating system versions
- Mandatory Updates: Some updates may be required for continued service access
- Beta Features: Early access features may be unstable and are provided “as is”
Third-Party Software
Our services may include third-party software components subject to separate license terms:
- Open source libraries (see attributions in app settings)
- Cloud service APIs (Google Cloud, AWS, Cloudflare)
- Analytics and monitoring tools
- Payment processing services
3. Permitted & Prohibited Uses
Permitted Uses
Approved Activities
- Personal Wellness: Monitor your mental health and wellness indicators
- Lifestyle Optimization: Track patterns and improve daily routines
- Educational Use: Learn about your mental states and stress patterns
- Healthcare Integration: Share insights with your healthcare providers (with your consent)
- Research Participation: Contribute to scientific research (opt-in only)
Prohibited Uses
Strictly Forbidden Activities
- Medical Diagnosis: Using our device for medical diagnosis or treatment decisions
- Emergency Response: Relying on our device for emergency medical situations
- Unlawful Activities: Any illegal activities or violations of applicable laws
- Data Misuse: Attempting to access other users’ data or accounts
- System Interference: Disrupting or interfering with our services or infrastructure
- Commercial Exploitation: Reselling data or services without written permission
- Reverse Engineering: Attempting to reverse engineer our algorithms or hardware
- Harmful Content: Transmitting malware, viruses, or harmful code
Professional and Commercial Use
Special Requirements
Healthcare professionals, researchers, and commercial users must:
- Obtain a separate commercial license agreement
- Comply with additional regulatory requirements (HIPAA, clinical trial regulations)
- Implement enhanced security and privacy measures
- Provide additional disclosures to end users
Content and Behavior Standards
When using our community features or support services, you agree to:
- Treat other users and our staff with respect and courtesy
- Not share false, misleading, or harmful information
- Respect the privacy and confidentiality of other users
- Not engage in harassment, discrimination, or abusive behavior
- Report violations of these terms to our support team
4. Subscription & Fees
Service Tiers
Basic (Free)
- Basic EEG monitoring
- Daily wellness reports
- 30-day data history
- Standard support
Premium
Popular
- Advanced analytics
- Unlimited data history
- Personalized insights
- Priority support
- Healthcare integration
Professional
- All Premium features
- Research participation
- API access
- Custom reporting
- Dedicated support
Billing and Payment
Payment Terms
- Billing Cycle: Monthly or annual billing available
- Payment Methods: Credit card, PayPal, bank transfer (regional variations)
- Currency: Billing in local currency where supported
- Auto-Renewal: Subscriptions automatically renew unless cancelled
- Price Changes: 30-day advance notice for subscription price changes
- Taxes: You are responsible for applicable taxes and duties
Cancellation and Refunds
Cancellation Policy
- Cancel anytime through account settings
- Service continues until end of billing period
- Data remains accessible for 90 days post-cancellation
- No cancellation fees
Refund Policy
- 30-day money-back guarantee for new subscribers
- Pro-rated refunds for service disruptions
- No refunds for partial month usage
- Hardware returns subject to separate policy
Hardware Purchase Terms
- Purchase Price: One-time hardware cost separate from subscription fees
- Warranty: 1-year limited hardware warranty included
- Returns: 30-day return policy for unopened devices
- Shipping: Shipping costs and delivery terms vary by region
- Taxes and Duties: Additional charges may apply based on location
5. User Obligations
Account Security
Your Security Responsibilities
- Strong Passwords: Use complex, unique passwords for your account
- Multi-Factor Authentication: Enable and maintain MFA when available
- Account Monitoring: Regularly review account activity and settings
- Incident Reporting: Immediately report suspected unauthorized access
- Device Security: Secure devices used to access our services
- Software Updates: Keep your apps and devices updated
Data Accuracy and Completeness
To ensure the best service experience, you agree to:
- Provide accurate, current, and complete information during registration
- Update your account information promptly when it changes
- Use the device correctly according to provided instructions
- Report technical issues or data inaccuracies promptly
- Not create false accounts or provide misleading information
Device Care and Maintenance
Hardware Care Requirements
- Proper Handling: Handle the device with care to avoid damage
- Cleaning: Follow recommended cleaning and sanitization procedures
- Storage: Store in appropriate environmental conditions
- Usage Limits: Do not exceed recommended usage duration or frequency
- Modifications: Do not modify or tamper with hardware components
- Warranty Compliance: Follow usage guidelines to maintain warranty coverage
IMPORTANT: The Brainspoke device is NOT water resistant and must be protected from liquid exposure.
- No Water Contact: The device must not come into contact with water, including rain, sweat, or any other liquids
- Cleaning Restrictions: Use only dry or slightly damp (not wet) cleaning cloths. Never submerge or rinse the device
- Environmental Protection: Do not use the device in humid environments such as bathrooms, saunas, or during intense physical activities that cause excessive sweating
- Immediate Action: If the device accidentally contacts water or liquids, immediately power off the device, dry it thoroughly, and contact customer support
- Warranty Void: Liquid damage will void the warranty and may result in permanent device failure
- User Responsibility: Users are solely responsible for protecting the device from liquid exposure
Legal Compliance
You are responsible for ensuring your use of our services complies with:
- All applicable local, state, national, and international laws
- Professional regulations if using in a healthcare or research context
- Institutional policies if using in an organizational setting
- Import/export regulations for international device shipments
- Privacy laws regarding any data you collect or process
Communication and Conduct
Community Standards
When interacting with our support team, community features, or other users:
- Maintain respectful and professional communication
- Protect the privacy and confidentiality of others
- Provide constructive feedback and report issues appropriately
- Do not share personal health information in public forums
- Respect intellectual property rights
6. Intellectual Property
Brainspoke’s Intellectual Property
Our Protected Rights
Brainspoke owns all rights, title, and interest in and to:
- Hardware Design: EEG headset design, circuits, and components
- Software: Mobile apps, web dashboard, and cloud services
- Algorithms: AI models, signal processing, and analytics algorithms
- Trademarks: Brainspoke name, logos, and brand elements
- Patents: Issued and pending patents on our technology
- Trade Secrets: Proprietary methods, processes, and know-how
- Content: Documentation, marketing materials, and user interfaces
Your Data Rights
What Belongs to You
- Personal Data: You retain ownership of your personal information and biometric data
- Usage Rights: You can access, export, and delete your data as described in our Privacy Policy
- Sharing Control: You decide how your data is shared with healthcare providers or research partners
- Research Participation: Explicit consent required for any research use of your data
Community Content and Video Uploads:
- Content Ownership Transfer: Any videos, images, text, or other content that you create, upload, or submit to the Brainspoke platform (including but not limited to community forums, video sharing features, user tutorials, testimonials, or social features) becomes the exclusive property of Brainspoke upon submission
- Irrevocable License: By uploading or submitting content, you grant Brainspoke an irrevocable, worldwide, royalty-free, perpetual license to use, modify, reproduce, distribute, display, and create derivative works from your content
- Commercial Use Rights: Brainspoke may use your submitted content for commercial purposes, including but not limited to marketing, advertising, product development, and promotional materials
- Content Moderation: Brainspoke reserves the right to review, edit, or remove any user-generated content at its sole discretion
- Representation and Warranties: You represent that you own all rights to the content you submit and that such content does not infringe upon the rights of any third party
- No Compensation: You acknowledge that you will not receive compensation for content that becomes property of Brainspoke
License to Your Content
When you provide content to us (feedback, support requests, etc.), you grant us:
- A non-exclusive license to use your feedback to improve our services
- Right to use de-identified data for research and development
- Permission to use testimonials and reviews for marketing (with your consent)
- Rights necessary to provide technical support and service delivery
Third-Party Content
External Resources
Our services may include content from third parties:
- Open source software libraries (see license attributions)
- Educational content from healthcare organizations
- Research findings from academic institutions
- Icons, fonts, and design elements from licensed sources
All third-party content remains the property of its respective owners.
Copyright and DMCA
Copyright Infringement Claims
If you believe content in our services infringes your copyright, please contact:
Email: [email protected]
Include: identification of copyrighted work, location of infringing material, your contact information, and good faith statement.
7. Medical Disclaimer
IMPORTANT MEDICAL DISCLAIMER
PLEASE READ THIS SECTION CAREFULLY
NOT A MEDICAL DEVICE
Brainspoke is not a medical device and has not been evaluated or approved by the FDA, Health Canada, European Medicines Agency, or other medical device regulatory authorities.
NO MEDICAL ADVICE
- Our services do not provide medical advice, diagnosis, or treatment recommendations
- Information provided is for wellness and educational purposes only
- Do not use our services to make medical decisions
- Always consult qualified healthcare professionals for medical concerns
EMERGENCY SITUATIONS
DO NOT RELY ON BRAINSPOKE FOR EMERGENCY SITUATIONS. If you are experiencing a medical emergency, call emergency services immediately (911 in the US, 999 in the UK, 112 in the EU, etc.).
LIMITATIONS
- Our measurements may not be accurate or reliable
- Results can be affected by movement, environmental factors, and device positioning
- False positives and false negatives are possible
- Individual results may vary significantly
Wellness and Informational Use Only
Appropriate Uses
Brainspoke is designed for:
- General Wellness: Tracking stress levels and mental state patterns
- Lifestyle Insights: Understanding how daily activities affect your mental state
- Educational Purposes: Learning about EEG signals and biometric data
- Personal Tracking: Monitoring trends in your wellness metrics over time
- Relaxation Support: Biofeedback for meditation and stress reduction practices
Healthcare Provider Integration
Professional Healthcare Context
If you choose to share Brainspoke data with healthcare providers:
- Data should be considered supplementary information only
- Healthcare providers must use their professional judgment
- Clinical decisions should not be based solely on Brainspoke data
- Providers should verify important findings through clinical-grade methods
- Brainspoke is not responsible for clinical decisions made by healthcare providers
Research Context
When participating in research studies through our platform:
- Research findings are preliminary and not clinically validated
- Results are not personalized medical advice
- Research participation is voluntary and may be discontinued at any time
- Research findings should not influence medical decisions
- Consult healthcare providers before making health-related changes based on research insights
User Acknowledgment
By using Brainspoke services, you acknowledge and agree that:
- You understand this is not a medical device
- You will not rely on our services for medical decisions
- You will consult healthcare professionals for medical concerns
- You understand the limitations and potential inaccuracies
- You use our services at your own risk
8. Limitation of Liability & Warranty Disclaimer
Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAINSPOKE PROVIDES ITS SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Specifically Disclaimed Warranties:
- Merchantability and fitness for a particular purpose
- Non-infringement of third-party rights
- Accuracy, reliability, or completeness of data
- Uninterrupted or error-free operation
- Security or privacy of data transmission
- Compatibility with all devices or systems
Limitation of Liability
MAXIMUM LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAINSPOKE’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF:
- $100 USD (or equivalent in local currency), OR
- The total amount you paid to Brainspoke in the 12 months preceding the claim
EXCLUDED DAMAGES
We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Lost profits, revenue, or business opportunities
- Data loss or corruption
- Personal injury or health-related damages
- Emotional distress or mental anguish
- Third-party claims or costs
Regional Variations
EU/UK
Consumer Protection
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or other liability that cannot be limited under applicable law.
Australia
Consumer Guarantees
Australian Consumer Law guarantees cannot be excluded. Where we breach a guarantee, our liability is limited to replacement or repair of goods or re-supply of services.
Hardware Warranty
Limited Hardware Warranty
Brainspoke provides a limited 1-year warranty on hardware against manufacturing defects:
- Coverage: Manufacturing defects, faulty components under normal use
- Exclusions: Damage from misuse, accidents, modifications, or normal wear
- Remedy: Repair or replacement at our discretion
- Process: Contact support with proof of purchase and defect description
- Shipping: Return shipping costs covered by Brainspoke for valid warranty claims
9. Indemnification
Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless Brainspoke, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to:
User Actions
- Your violation of these Terms of Use
- Your violation of applicable laws or regulations
- Your misuse of our services or products
- Unauthorized access to or use of our services
- Your negligent or wrongful conduct
Third-party Claims
- Infringement of third-party intellectual property rights
- Privacy or data protection violations you cause
- Personal injury or property damage
- Professional or medical malpractice claims
- Employment or discrimination claims
Indemnification Process
Claims Procedure
- Notice: We will promptly notify you of any claim requiring indemnification
- Control: You may assume control and defense of the claim with qualified counsel
- Cooperation: We will reasonably cooperate in the defense at your expense
- Settlement: No settlement without our prior written consent
- Payment: You will pay all damages, costs, and attorney fees
Mutual Indemnification
For certain professional and commercial users, mutual indemnification terms may apply:
- Healthcare Providers: Subject to separate professional services agreement
- Research Institutions: Mutual indemnification for approved research activities
- Enterprise Customers: Negotiated indemnification terms in enterprise agreements
- Government Users: Special indemnification provisions may apply
Limitations on Indemnification
Indemnification Exceptions
Your indemnification obligations do not apply to claims arising from:
- Our gross negligence or willful misconduct
- Defects in our hardware or software
- Our violation of applicable privacy laws
- Our breach of these terms
- Claims covered by our insurance policies
10. Termination & Suspension
Termination by You
Your Right to Terminate
You may terminate your account and these terms at any time:
- Account Deletion: Use in-app account deletion feature
- Email Request: Send termination request to [email protected]
- Subscription Cancellation: Cancel subscription through account settings
- Data Export: Download your data before account closure
- Effective Date: Termination effective upon account deletion confirmation
Termination by Brainspoke
Grounds for Termination
We may terminate or suspend your account immediately for:
- Terms Violation: Material breach of these terms
- Illegal Activity: Use of services for unlawful purposes
- Safety Concerns: Risk to user safety or service integrity
- Non-Payment: Failure to pay subscription fees (after notice period)
- Fraudulent Activity: Providing false information or engaging in fraud
- Abuse: Harassment of other users or our staff
Suspension Process
Progressive Enforcement
- Warning: First violation typically results in warning and correction period
- Temporary Suspension: Account suspended for 7-30 days with appeal process
- Feature Restriction: Limited access to specific features or data
- Permanent Termination: Account permanently closed for serious violations
- Appeals Process: Right to appeal enforcement actions within 30 days
Effect of Termination
Immediate Effects
- Loss of access to services
- Suspension of data collection
- Cancellation of active subscriptions
- Revocation of software licenses
- Termination of support services
Data Retention
- 90-day grace period for data recovery
- Legal retention requirements apply
- Backup data deleted after retention period
- Research data anonymized if consented
- Financial records kept per regulations
Surviving Provisions
The following provisions survive termination of these terms:
- Intellectual property rights and ownership
- Limitation of liability and warranty disclaimers
- Indemnification obligations
- Governing law and dispute resolution
- Privacy Policy terms regarding data retention
- Payment obligations for services already provided
Service Discontinuation
Service Changes or Discontinuation
We reserve the right to modify, suspend, or discontinue services with reasonable notice:
- 90-day notice for major service changes
- 30-day notice for feature deprecation
- Data export tools provided during transition period
- Pro-rated refunds for unused subscription periods
- Migration assistance to alternative solutions when possible
11. Governing Law & Dispute Resolution
Governing Law by Region
United States
Delaware Law
These terms are governed by Delaware law without regard to conflict of law principles. Federal courts in Delaware have exclusive jurisdiction.
EU/UK
Local Consumer Law
EU/UK consumers retain rights under local consumer protection laws. Disputes may be resolved through EU Online Dispute Resolution platform.
APAC
Singapore Law
For APAC users, disputes are governed by Singapore law and resolved through Singapore International Arbitration Centre.
Dispute Resolution Process
Mandatory Steps
- Direct Negotiation: Contact [email protected] to discuss dispute resolution
- Mediation: Good faith mediation attempt through qualified neutral mediator
- Arbitration: Binding arbitration if mediation fails (see specific terms below)
- Court Proceedings: Limited circumstances where court jurisdiction applies
Arbitration Agreement US Users
Mandatory Arbitration
US users agree to resolve disputes through binding arbitration:
- Administrator: American Arbitration Association (AAA)
- Rules: AAA Consumer Arbitration Rules
- Location: Delaware or your home state (your choice)
- Fees: AAA fees shared; each party pays own attorney fees
- Individual Claims Only: No class actions or consolidated proceedings
Opt-Out Right
You may opt out of arbitration by sending written notice to [email protected] within 30 days of account creation.
Class Action Waiver US Users
Individual Claims Only
You agree that disputes will be resolved on an individual basis only:
- No class actions, class arbitrations, or representative proceedings
- No consolidation with other users’ claims
- No private attorney general actions
- Each claim must be brought individually
EU Consumer Rights EU/UK
Additional Protections
- Consumer Courts: Right to bring claims in your country of residence
- EU ODR Platform: Access to EU Online Dispute Resolution for consumer complaints
- Local Consumer Protection: Rights under national consumer protection laws
- Injunctive Relief: Right to seek injunctive relief in appropriate courts
- Collective Redress: Rights under EU collective redress procedures
Exceptions to Dispute Resolution
The following claims are not subject to mandatory arbitration:
- Small claims court proceedings (under jurisdictional limits)
- Intellectual property infringement claims
- Emergency injunctive relief requests
- Regulatory enforcement actions
- Criminal law violations
Enforcement and Severability
If any portion of this dispute resolution section is found unenforceable, the remainder shall remain in full force and effect. If the class action waiver is found unenforceable, then the entire arbitration agreement is void and disputes will be resolved in court.
12. Modifications to Terms
Change Process
How We Update These Terms
- Advance Notice: 30-day notice for material changes via email and in-app notification
- Version Control: New version number and effective date for all changes
- Change Summary: Clear description of what has changed and why
- Legal Review: All changes reviewed by qualified legal counsel
- Regulatory Compliance: Updates to maintain compliance with evolving laws
Types of Changes
Minor Updates
- Clarification of existing terms
- Contact information updates
- Formatting and language improvements
- Addition of new service features
- Technical specification updates
Notice: In-app notification upon next login
Material Changes
- Changes to pricing or payment terms
- New data collection or usage practices
- Modified limitation of liability
- Changes to dispute resolution procedures
- Significant feature modifications
Notice: 30-day advance notice via email
Your Options After Changes
Available Actions
- Accept Changes: Continue using services under updated terms
- Reject Changes: Terminate account before effective date to avoid new terms
- Review Changes: Use our change comparison tool to see specific modifications
- Export Data: Download your data before changes take effect
- Contact Support: Ask questions about how changes affect you
Emergency Changes
Immediate Updates
In rare circumstances, we may implement immediate changes without advance notice:
- Security vulnerabilities requiring immediate patches
- Legal or regulatory compliance requirements
- Service disruptions requiring emergency procedures
- Safety issues affecting user welfare
We will provide notification as soon as reasonably possible after emergency changes.
Version History
| Version | Effective Date | Summary of Changes | Change Type |
|---|---|---|---|
| 1.0 | July 1, 2025 | Initial Terms of Use | New |
13. Contact Information
Customer Support
General Support:
[email protected]
Brainspoke Legal Documents
Version 1.0 | Effective: January 1, 2025
Privacy Policy Terms of Use Jurisdiction Guide Contact
Welcome to Brainspoke Legal Documentation
Document Information
Version: 1.0
Effective Date: January 1, 2025
Last Updated: January 1, 2025
Applicable Regions:
United States EU/EEA + UK APAC
Languages: English
Accessibility: WCAG 2.2 AA
Format: Multi-jurisdiction
What This Means for You
These documents govern your use of Brainspoke’s EEG mental health monitoring system, including our hardware headset and companion software. We’ve designed them to be clear, comprehensive, and compliant with privacy laws in all regions where we operate.
Important Medical Disclaimer
Brainspoke is not a medical device and does not provide medical advice, diagnosis, or treatment. Our products are designed for wellness and informational purposes only. Always consult with qualified healthcare professionals for medical concerns.