1. Introduction

The application Do4Brain was created by Do4Brain ltd (“We”) and we are the owners of Do4Brain. These Terms of Service (“TOS”) govern the use of Do4Brain mobile application (collectively, “Do4Brain”).

These TOS represent a binding contract between you and We, and by creating an account or otherwise accessing Do4Brain, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS CLAUSE CONTAINED IN SECTION 10 HEREUNDER.

The TOS incorporate the provisions of the Privacy Policy so please review it carefully as well. If you do not agree to be bound by the TOS, you may not use or purchase Do4Brain.
 

2. Your Account Information and Email

Do4Brain provides a content and training experience. When you create an account, we require you to provide information about yourself, including your email address and a password (“Account Information“).

You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.

You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails.

Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.
 

3. Intellectual Property

Do4Brain is protected by Israeli and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store Do4Brain's content in any form outside of Do4Brain apps and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of Do4Brain's content. You agree that all data and algorithms in our files and associated servers are “trade secrets” as defined, without limitation, in the Israeli Law. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in Do4Brain. All intellectual property rights in Do4Brain are, as between you and We, our sole and exclusive property.

Some Do4Brain features either now or in the future may allow you to post or submit content and materials for publication on Do4Brain (“Your Content”). 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 Do4Brain or the features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it.
 

4. Your License to Use Do4Brain

We are providing you with access to Do4Brain pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use Do 4 Brain 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 Do4Brain 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 Do4Brain. We reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
 

5. Fees, Automatic Renewal

If you choose to subscribe to our services, you agree to pay the fees as quoted to you when you purchase the service.  We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased service (such as data charges and currency exchange settlements). 

The day that you purchased our services is the first day of your billing cycle. The subscription period will be for one year and will automatically renew, without advance notice, each year on or about the anniversary thereof, unless you cancel at least 30 business days prior to your renewal date. This agreement shall automatically renew and we will automatically take payment for the renewed term of the agreement.

You expressly agree that we are authorized to charge the annual fee, together with any other costs, taxes, or incidental charges you incur in connection with your use of our services, to your chosen payment method. Processing of payment will be done via our third – party providers and at their responsibility. You further authorize us and our third - party providers to update and retain information about the payment method associated with your subscription throughout any subscription period (including any renewal) and to the extent required for archival and backup purposes thereafter.

For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.

We reserve the right to adjust the subscription price or billing format at any time, such adjustment to be applied at the next renewal date.

In the event of a default in payment for any reason, we reserve the right to suspend or cancel your subscription at any time thereafter.

You may cancel your subscription at any time by contacting us using the details below under the heading “Contact us”. If you cancel, your service ends at the end of your current service or payment year, and no refunds for previous payments will be issued. 

 

 

6. Canceling Your Account

You may cancel your account at any time by contacting us at: do4brain@gmail.com.

 

7. Restrictions and Prohibited Uses

Except with our written permission, you shall not:

• Attempt to impersonate another person or use another person’s Do4Brain's account information without authorization;

• Use or distribute Do4Brain for your own scientific or clinical research purposes;

• Violate or attempt to violate Do4Brain’s security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Do4Brain's systems and networks;

• Redistribute, decompile, reverse engineer, publish, or copy Do4Brain;

• Use Do4Brain for the purpose of creating a product with a substantially similar look, feel or design;

• Access or search Do4Brain by any means other than our publicly supported interfaces (for example, “scraping”);

• Interfere with others’ use and enjoyment of Do4Brain;

• Use Do4Brain or any trademarks, tasks names, trade names, service marks, copyrights, or logos of Do4Brain, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;

• Violate any third party’s rights, including intellectual property or privacy rights;

• Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your Do4Brain's account, and may also subject you to civil or criminal penalties.
 

8. Disclaimers

YOU AGREE THAT USE OF DO4BRAIN IS AT YOUR OWN SOLE RISK AND THAT DO4BRAIN IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DO4BRAIN AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING DO4BRAIN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

WE STRIVE TO MAINTAIN DO4BRAIN ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO DO4BRAIN AT ALL TIMES.

DO4BRAIN IS NOT A MEDICAL SERVICE. DO4BRAIN IS NOT PROVIDING, MEDICAL TREATMENT OR ADVICE AND NOT WARRANTS ANY RESULTS OR ACTUAL PROGRESS IN YOUR BRAIN'S FUNCTIONING.
 

9. Limitation of Liability

IN NO EVENT SHALL DO4BRAIN OR ITS OWNERS, AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO DO4BRAIN FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO DO4BRAIN; (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 DO4BRAIN; 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 DO4BRAIN AND YOU. YOU UNDERSTAND THAT DO4BRAIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

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10. Indemnity

You will indemnify and hold harmless Do4Brain, its owners, affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Do4Brain, Your Content, or the violation of the TOS by you.

11. Agreement to Arbitrate and Waiver of Class Action Claims

If a dispute arises, our goal is to provide you a neutral and cost effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against Do4Brain, you agree to try to resolve the dispute by contacting us by email to do4brain@gmail.com. Before we file a claim against you, we agree to contact you at the email address associated with your Do4Brain's account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:

A. GENERAL. YOU AGREE THAT YOU AND DO4BRAIN WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO DO 4 BRAIN OR YOUR USE THEREOF, INCLUDING THESE TOS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT.

B. ARBITRATION SERVICES AND RULES.

The arbitration proceedings shall be governed by the Israeli Arbitration Law, (Hereunder: "The arbitration law"). The arbitration shall be performed by a single arbitrator which will be chosen from the Israeli Bar Association's arbitration registered repository. If the Parties are unable to agree upon the identity of the arbitrator, then the arbitrator will be appointed at the request of either Party by the competent courts of Tel Aviv in the state of Israel. The site of all arbitration proceedings shall be Tel Aviv, unless the Parties agree in writing to another site. The arbitration award and/or determination shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction. The arbitrator shall not be bound by the rules of evidence or procedure.

F. EXCEPTIONS TO ARBITRAL CLAIMS. As an exception to this Section 10, you may assert claims on an individual basis, if they qualify under applicable rules, in Small Claims court. Also, either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section 10.

G. CLASS ACTION WAIVER. YOU AND DO4BRAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH DO4BRAIN THAT NEITHER YOU NOR DO4BRAIN WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR DO4BRAIN WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
 

12. General

(a) 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.

(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the arbitration law, the TOS are governed by the laws of the state of Israel without regard to conflict of law provisions. Except as provided in Section 10, or to the extent preempted by the arbitration law, both parties further consent to the personal jurisdiction of and exclusive venue in competent courts in Tel Aviv, Israel, as the legal forum for any dispute between them.

(c) Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on Do4Brain or by posting an updated TOS on Do4Brain 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 Do4Brain following the effective date means that you agree with, and consent to be bound by, the updated TOS.

(d) 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 on Do4Brain, the TOS shall govern, unless otherwise indicated. Sections 3-12 shall survive any termination of the TOS. In a non-Hebrew speaking countries this English TOS shall govern other languages' Terms of Service.