Last updated: June 6, 2024
1. Your Relationship With Us
Welcome to Easleep, which is provided by Zhejiang Qiangnao Technology Co., Ltd. and/or its affiliates (collectively such entities will be referred to as “BrainCo”, “we” or “us”).
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use Easleep devices (“Easleep Device”) and associated applications, websites, software and related services (“Easleep” or “Services”). Access to the Services is subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services. Please read the Terms carefully before using or accessing the Services, especially the highlighted or bold contents. Unless the Terms otherwise require, words importing the singular also include the plural and vice versa.
You must be at least 18 years old or the equivalent age as specified by law in your jurisdiction to use our Services or accept the Terms. If you do not agree to be bound by the Terms, you must not register for, access or use any Services, or allow anyone else to do so.
2. Accepting the Terms
By registering for, accessing or using our Services, or otherwise accepting these Terms, or clicking Accept (if applicable), you confirm that you can form a binding contract with BrainCo, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services are also subject to our Privacy Policy, the terms of which can be found directly on Easleep, or where Easleep is made available for download, on your mobile device’s applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.
3. Changes to the Terms
We amend these Terms from time to time, for instance when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Services or app, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. YOUR CONTINUED ACCESS OR USE OF THE SERVICES AFTER THE DATE OF THE NEW TERMS CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE TO THE NEW TERMS, YOU MUST STOP ACCESSING OR USING THE SERVICES.
4. Your Account with Us
To access or use our Services, you must create an account with us using a phone number or email address. Upon successfully completing the registration process, you will become a registered user of Easleep and obtain an Easleep user account.
It is important that you keep your account password confidential and do not disclose it to any third party. You are prohibited from gifting, lending, transferring, or otherwise permitting any other person to access or use your account. You agree that you are solely responsible (to us and to others) for any activity that occurs under your account. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately by sending a request to the email address provided in the “Contact Us” section below. Upon receiving your notice, we may require proof of your identity. Once your identity is verified, we will take appropriate actions based on your request or the situation, such as suspending account access. You are responsible for any losses or damages resulting from these actions. If you cannot provide the necessary account details, we may deny your request. Any resulting losses or damages are your responsibility.
Notwithstanding anything to the contrary, you acknowledge and agree that we may access, use, preserve and/or disclose your account information if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce the Terms including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect our rights, property or safety of the rights, property or safety of our users or the public as considered necessary by us or permitted by law.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services and would like your account deleted, check the Terms and Conditions on Deletion of Easleep Account and follow the instructions to delete your Easleep account. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
5. Your Access to and Use of Our Services
5.1. During your use of Easleep, you may wear Esaleep devices. We will analyze your sleep data based on information recorded by the devices, including brainwaves, and provide you with sleep reports and improvement plans, which are not available if you do not wear such devices.
5.2. BEFORE USING THE SERVICES OR IF YOU HAVE ANY QUESTIONS ABOUT MEDICAL CONDITIONS, IT IS ESSENTIAL TO SEEK GUIDANCE FROM YOUR MEDICAL PROFESSIONAL. DO NOT NEGLECT OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE DUE TO CONTENT VIEWED OR ACCESSED THROUGH EASLEEP. CONSULT A PHYSICIAN BEFORE PARTICIPATING IN ANY ACTIVITIES OR FOLLOWING ANY SLEEP GUIDANCE OR ADVICE ACQUIRED THROUGH OUR SERVICES. PLEASE NOTE THAT ALL SLEEP ADVICE IN OUR SERVICES MAY NOT BE SUITABLE FOR EVERY INDIVIDUAL.
YOU SHOULD BE AWARE THAT IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CONTACT YOUR DOCTOR OR LOCAL HEALTHCARE INSTITUTION FOR ASSISTANCE. IF YOU EXPERIENCE DISCOMFORT OR PAIN, PROMPTLY CEASE THE BEHAVIOR CAUSING SUCH DISCOMFORT OR PAIN. INDIVIDUALS WITH HEART DISEASE, HIGH BLOOD PRESSURE, OR HYPERTHYROIDISM SHOULD ADHERE TO MEDICAL ADVICE BEFORE USING EASLEEP.
INDIVIDUALS WHO SHOULD AVOID USING EASLEEP INCLUDE PREGNANT WOMEN, THOSE IN THE ACUTE PHASE OF CEREBRAL HEMORRHAGE OR PRONE TO SUCH, PATIENTS WITH INTRACRANIAL TUMORS, THOSE WITH INTRACRANIAL METAL IMPLANTS, INDIVIDUALS WITH CARDIAC PACEMAKERS, CARDIAC CATHETERS, OR ELECTRODES, EPILEPSY PATIENTS, THOSE WITH IMPLANTED ELECTRONIC DEVICES, AND THOSE WITH A HISTORY OF MYOCARDIAL INFARCTION. USING EASLEEP INDICATES THAT YOU HAVE RECEIVED PERMISSION FROM YOUR MEDICAL PROFESSIONAL FOR THE USE OF EASLEEP.
5.3. Your access to and use of the Services are subject to these Terms and all applicable laws and regulations. You may not:
· access or use the Services if you are not fully able and legally competent to agree to these Terms or are not authorized to use the Services by your parent or legal guardian;
· make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
· distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
· market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
· use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
· interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
· incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
· use automated scripts to collect information from or otherwise interact with the Services;
· impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
· intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· use or attempt to use another’s account, service or system without authorization, or create a false identity on the Services;
· use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services;
· use the Services to upload, transmit, distribute, store or otherwise make available in any way:
Ø files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
Ø any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other prohibited form of solicitation;
Ø any private information of any third party, including addresses, phone numbers, email addresses, numbers and features in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
Ø any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
Ø any material that is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
Ø any material that would constitute, encourage or provide instructions for a criminal offense, dangerous activities or self-harm;
Ø any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
Ø any material that contains a threat of any kind, including threats of physical violence;
Ø any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
Ø any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
Ø material that, in the sole judgment of BrainCo, is objectionable or restricts or inhibits any other person from using the Services, or may expose BrainCo, the Services or its users to any harm or liability of any type.
5.4. Without prejudice to your statutory rights, we may, without notice, temporarily or permanently suspend or cancel your account or impose limits on or restrict your access to parts or all of your account or the Services:
· if you violate, or we believe you are about to violate, the Terms, including any incorporated agreements, policies or guidelines;
· in response to requests by law enforcement or other government agencies under valid legal process;
· due to unexpected technical or security issues or problems; or
· if your account shows extended periods of inactivity.
If we permanently suspend or terminate your account, we will notify you in advance and allow you reasonable time to access and save information, files, and content associated with your account unless we have reason to believe that continued access to your account will violate applicable legal provisions, requests by law enforcement or other government agencies, or cause damage to us or to third parties.
Nothing in these Terms affects any legal rights that you are entitled to as a consumer under European Union member state laws which cannot be contractually altered or waived.
5.5. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users.
5.6. Informational Purposes Only
YOU ACKNOWLEDGE THAT YOU ARE AWARE THAT: (A) CONTENT GENERATED OR FOUND THROUGH THE EASLEEP DEVICE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN A USER AND THE USER'S RESEARCHER, PHYSICIAN, OR OTHER HEALTHCARE PROFESSIONAL; (B) THE EASLEEP DEVICE IS NOT A MEDICAL DEVICE, AND THE INFORMATION GENERATED BY THE EASLEEP DEVICE IS NOT MEDICAL INFORMATION; (C) EASLEEP DEVICES AND ASSOCIATED APPLICATIONS ARE NOT DESIGNED TO TREAT OR DIAGNOSE ANY DISEASE OR MEDICAL CONDITION; AND (D) WE ARE NOT A LICENSED MEDICAL OR HEALTHCARE PROVIDER AND HAVE NO EXPERTISE IN DIAGNOSING, EXAMINING, OR TREATING MEDICAL CONDITIONS OF ANY KIND.
5.7. Local Law
We make no representation that materials contained, described or offered via any Easleep Service are accurate, appropriate or available for use in all jurisdictions, or that these Terms comply with the laws of any particular country. Users of the Easleep Service use the Easleep Service on their own initiative and are responsible for compliance with all applicable laws. Notwithstanding anything to the contrary, you agree that you and your users will not access the Easleep Service from any territory where it is illegal, and that you and your users, and not BrainCo, are responsible for compliance with applicable law.
5.8. Third-Party Applications
During use of the Easleep Service, you may download, install, register for, access, use and/or acquire third-party applications as a matter of convenience. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party application provider. You agree that you will comply with any license agreements and restrictions applicable to such third-party applications. We and our licensors will have no liability, obligation or responsibility in relation to such activity. We do not endorse or control any third-party applications. You will access and/or acquire such third-party applications at your own risk and in no event will we or our licensors be responsible for any content, products, or other materials on or available from third parties (even if they are acquired through us).
5.9. Information We Collect, Use and Safeguard
We are subject to certain laws and regulations. Please visit our Privacy Policy for more information on how we collect, use, and safeguard your personal information.
6. Intellectual Property Rights
As between you and us, we will at all times be and remain, the sole and exclusive owner of any Services and all intellectual property rights pertaining thereto. Nothing in the Terms will be deemed to grant or assign to you any proprietary or ownership interest or intellectual property rights in the Services, our materials or any derivatives of such, other than the license rights specifically set forth herein. Your sole rights thereto will be only those rights granted by us under these Terms.
All branding elements are either our property or the property of our affiliates or licensors. We retain the right to rescind, terminate and/or cancel the limited license granted hereunder at any point, for any reason. All rights not expressly granted herein by us to you are fully reserved by us, our affiliates and licensors. Some product names, logos, brands, and other trademarks featured or referred to within the Services may not be owned by us, and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse, BrainCo, the Services and/or BrainCo’s products and services. Further, you are granted no right or license in any of the aforesaid branding elements, and further agree that you will not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) contained within the Services. Each time you wish to use any of our branding elements, you must ensure that you contact us and comply with our relative policy. As between you and us, we will at all times be and remain, the sole and exclusive owner of the branding elements and all our intellectual property rights. Nothing in the Terms will be deemed to grant or assign to you any proprietary or ownership interest or intellectual property rights in or to branding elements or any derivatives of such. You will continually use your best efforts to protect BrainCo’s trademarks, trade names, patents, copyrights, and other proprietary rights, but will not initiate legal action against third parties for infringement thereof. You will promptly notify BrainCo of any infringement or improper or unauthorized use of which you have actual knowledge.
We respect the intellectual property of others and ask that users of our Services do the same. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, please send your request to the email address provided in the “Contact Us” section below.
7. Content
We accept no liability in respect of any content submitted by users and published by us or by authorized third parties. If you wish to file a complaint about information or materials uploaded by other users, contact us by sending your request to the email address provided in the “Contact Us” section below.
All user content is the sole responsibility of the person who originated such content. You acknowledge that all user content you transmit (including any user content you export from the Easleep Service) or access using the Easleep Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You remain solely responsible for all user content that is transmitted (including any user content you export from the Easleep Service) in connection with the Easleep Service, and you warrant that you possess all rights necessary to provide and share such user content. You understand that, by providing user content in connection with the Easleep Service, you hereby grant BrainCo a non-exclusive, irrevocable, worldwide, royalty-free license to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use user content in any media now existing or developed in the future only so far as required to deliver Easleep services and products. You waive any rights of publicity, moral or other similar right with respect to user content while used in accordance with the preceding sentence. Further, you represent and warrant that: (a) you have all the rights necessary to grant BrainCo such license; and (b) you are responsible for user content that may be lost or unrecoverable through your use of the Easleep Service. We recommend that you create and maintain regular backups of all user content and associated data. We reserve the right to place service limits (including limits on the volume of data and time) on the user content and associated data stored or retained by or on behalf of BrainCo.
We make no representations, warranties or guarantees, whether express or implied, that any Easleep content is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you or other users on the Services.
BrainCo takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is BrainCo’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
8. Indemnity
You agree to defend, indemnify, and hold harmless BrainCo, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representations and warranties under these Terms.
9. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
10. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
(II) ANY LOSS OF GOODWILL;
(III) ANY LOSS OF OPPORTUNITY;
(IV) ANY LOSS OF DATA SUFFERED BY YOU; OR
(V) ANY INDIRECT OR CONSEQUENTIAL LOSSES THAT MAY BE INCURRED BY YOU.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR SERVICES FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOUR FAILURE TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Dispute Resolution
Except to the extent that the applicable laws and regulations of your jurisdiction mandate otherwise (for example, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court)), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of Singapore; and any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre under the Arbitration Rules of the Singapore International Arbitration Centre in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
If you reside in the European Union and are a "consumer" as defined under the EU Directive 83/2011/EU, any dispute, controversy or claim (whether in contract, tort or otherwise) between us and you, arising out of, relating to, or in connection with these Terms will be referred to and finally resolved by the court of your place of residence or domicile. You can also file a complaint at the online platform for alternative dispute resolution (ODR-platform). You can find the ODR-platform through the following link: https://ec.europa.eu/consumers/odr.
12. Other Terms
12.1. Entire Agreement
These Terms constitute the whole legal agreement between you and BrainCo and govern your use of the Services and completely replace any prior agreements between you and BrainCo in relation to the Services.
12.2. No Waiver
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
12.3. Security
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and Services to access our Services. You should use your own virus protection software.
12.4. Severability
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
12.5. Force Majeure
The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. BrainCo is not responsible for any delays, delivery failures, or other damage resulting from such problems. In addition, neither you nor BrainCo will be liable for any failure or delay in the performance of these Terms which are caused by something that is in the control of third parties or circumstances beyond the reasonable control of a party (collectively, “Force Majeure”). Force Majeure events shall include (but not be limited to) acts of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest, strike, lockout or boycott or other industrial action; interruption or failure of supplies of power, fuel, water, transport, equipment, software or services (including the internet and telecommunication services); or material or something else required for the performance of obligations under these Terms. Notwithstanding the forgoing, under no circumstances will a party’s obligation to pay any amount under these Terms be obviated by an event of Force Majeure.
13. Contact Us
Questions, comments and requests regarding this Terms of Service should be addressed to:
· Email: service@brainco.cn
· Telephone: (86) 0571-86167660
· Mailing Address: 120 Beacon St., Suite 201, Somerville, MA, 02143