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BRAINSHERPA

Terms & Conditions

Last Updated: January 2025

Welcome to BrainSherpa! These Terms and Conditions outline the rules and regulations for the use of BrainSherpa's App.

By accessing this app we assume you accept these terms and conditions in full. Do not continue to use BrainSherpa's app if you do not accept all of the terms and conditions stated on this page.

1. The App

BrainSherpa is a mobile application designed to monitor and assess cognitive readiness through proprietary algorithms, providing daily Cognitive Performance and Mental Readiness scores. It aids users in understanding their cognitive status with indexes related to Attention-Focus, Cognitive Readiness, Mental Clarity, and Fatigue Factor.

2. Intellectual Property Rights

Other than content you own, which you may have opted to include on this App, under these Terms, BrainSherpa and/or its licensors own all rights to the intellectual property and material contained in this App, and all such rights are reserved.

3. Restrictions

You are expressly restricted from the following:

  • Publishing any App material in any media;

  • Selling, sublicensing, and/or otherwise commercializing any App material;

  • Publicly performing and/or showing any App material;

  • Using this App in any way that is, or may be, damaging to this App;

  • Using this App in any way that impacts user access to this App;

  • Using this App contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the App, or to any person or business entity;

  • Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this App, or while using this App;

  • Using this App to engage in any advertising or marketing.

4. Your Content

In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this App. With respect to Your Content, by displaying it, you grant BrainSherpa a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. BrainSherpa reserves the right to remove any of Your Content from this App at any time, and for any reason, without notice.

5. No warranties

This App is provided “as is,” with all faults, and BrainSherpa makes no express or implied representations or warranties, of any kind related to this App or the materials contained on this App. Additionally, nothing contained on this App shall be construed as providing consult or advice to you.

6. Limitation of liability

In no event shall BrainSherpa, nor any of its officers, directors, and employees, be liable for anything arising out of or in any way connected with your use of this App, whether such liability is under contract, tort, or otherwise, and BrainSherpa, including its officers, directors, and employees shall not be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this App.

7. Indemnification

You hereby indemnify to the fullest extent BrainSherpa from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

BrainSherpa is permitted to revise these Terms at any time as it sees fit, and by using this App you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this App.

10. Assignment

BrainSherpa shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this App, constitute the entire agreement between BrainSherpa and you in relation to your use of this App, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the Arizona, USA, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Arizona, USA for the resolution of any disputes.

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