Terms of Service
These User Terms of Service govern the use of the online platform operated by Brain One, Inc. (“Brain One”) and apply to your access and use of the software available via our platform (the “Platform Content”).
By accessing or using Platform Content, you agree to comply with and to be bound by all of the terms and conditions described in these User Terms of Service. If you do not agree to all of these terms and conditions, you are not authorized to access or use the Platform Content. The terms “you", "your,” and “yourself” refer to the individual user of the Platform Content.
- Platform Content Use Restrictions. If you are using the Platform Content for the purpose of accessing therapy services or to conduct assessments, you hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to therapy or have your parent/guardian consent to therapy on your behalf, and (ii) physically located or are a resident of the state you select as your current residency when creating your client portal account. You agree not to access or use the Platform Content in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these User Terms of Service. The Platform Content may change from time to time and/or Brain One, Inc. may stop (permanently or temporarily) providing the Platform Content (or features within the Platform Content), possibly without prior notice to you.
- No Medical Advice. While Brain One, Inc. facilitates performing self-assessments, Brain One, Inc. does not provide medical advice or services. Brain One, Inc. does not interfere with your physician's treatment or their independent professional judgment. By using the Platform Content, you agree that the Platform Content is not intended to be medical advice, and no therapeutical relationship is established between you and Brain One, Inc. When using the Platform Content, you should never disregard, avoid, or delay obtaining medical advice from your primary doctor.
- Ownership of Intellectual Property. By using the Platform Content, you hereby acknowledge that Brain One, Inc. and/or its licensors own all intellectual property rights associated with the Platform Content, and all such rights are reserved. You are hereby granted a limited license only, subject to these User Terms of Service, for purposes of viewing the Platform Content. You may not reproduce or distribute any portion of the Platform Content without Brain One, Inc.'s explicit permission.
- Electronic Communications By creating a client portal account with Brain One, Inc., you are agreeing to send and receive electronic communications, including but not limited to email, SMS Text, client portal communications, and voicemail communications to and from Brain One, Inc. relating to your care and treatment. Our electronic communications are secure and HIPAA compliant, where applicable. However, transmitting sensitive information electronically has the inherent risk of a third party's unauthorized access. By using the Platform Content, you acknowledge that you are aware of and accept this risk.
- Disclaimers. The Platform Content is provided “as is,” with all faults, and Brain One, Inc. makes no express or implied representations or warranties of any kind related to this site or its materials. Additionally, nothing on this site shall be construed as providing medical advice to you. Brain One, Inc. TAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN THE INTERNET OR YOUR INTERNET SERVICE PROVIDER (ISP), ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE CONTENT AND/OR SERVICE.
- Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Brain One, Inc. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR WRONGFUL DEATH THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE PLATFORM CONTENT. THIS INCLUDES BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN COMMUNICATIONS SENT OR RECEIVED THROUGH TELEHEALTH VIDEO OR MESSAGING, MISDIRECTION OR INTERCEPTION OF INFORMATION, INTENTIONAL OR UNINTENTIONAL BREACHES AND ACCESS BY THOSE YOU PROVIDE YOUR USERNAME AND PASSWORD TO. YOU AGREE THAT Brain One, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR ANY THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT OR COPYRIGHT INFRINGEMENT. THE TOTAL LIABILITY OF Brain One, Inc. ARISING OUT OF ANY AND ALL CLAIMS BY YOU IN ANY WAY CONNECTED WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR USE OF THE Brain One, Inc. PLATFORM TECHNOLOGY WITHIN THE TWELVE MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE. In consideration for Brain One, Inc. permits you to use the Platform Content, you expressly release and hold harmless Brain One, Inc., its officers, directors, employees, agents, and affiliates from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the Platform Content, whether arising from negligence or any other acts or omissions by Brain One, Inc. In addition, you will indemnify and hold harmless Brain One, Inc., its officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney's fees) you may suffer as the result of third party claims, demands, actions, investigations, settlements or judgments against them arising from or in connection with any breach of these User Terms of Service, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents.
- Termination. Brain One, Inc. may suspend or terminate your access to the Platform Content at any time, for any reason or no reason. Brain One, Inc. has the right (but not the obligation) to refuse to provide access to the Platform Content(s) to any person, agency or organization at any time, for any reason, or for no reason at all, in our sole discretion. Brain One, Inc. reserves the right to change, suspend, or discontinue all or part of the Platform Content(s), temporarily or permanently, without prior notice. This Section 7, as well as Sections 2, 7, and 8, shall survive any termination or expiration of these User Terms of Service.
- Choice of Law/Forum. These User Terms of Service are governed by the laws of the State of Delaware, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the Delaware courts in the cases that arbitration is not successful or is assigned or appealed to a civil court.
- Waiver. Brain One, Inc.'s failure to enforce any right or provision of these User Terms of Service will not be considered a waiver of those rights.
- Enforceability. If any provision of these User Terms of Service is held to be invalid or unenforceable by a court, the remaining provisions of these User Terms of Service will remain in effect.
- Notice. Notices required to be given to you by Brain One, Inc. may be delivered by electronic mail to the address provided while creating your client portal account.
- Entire Agreement. These User Terms of Service constitute the entire agreement between Brain One, Inc. and yourself regarding the Platform Content and supersede and replace any prior agreements you and Brain One, Inc. might have regarding the Platform Content.
- Updates. Brain One, Inc. may revise these User Terms of Service from time to time and will provide you notice of updates via email at the address affiliated with your account.