Terms of Use and Privacy Statement

1. Introduction

1.1 About NeuroNation

Welcome to NeuroNation!

Synaptikon provides entertaining, scientifically engineered brain training available via web and app to improve your cognitive fitness, your memory, focus – and speed of processing information.

NeuroNation is an online learning and training system ("NeuroNation") operated by the Synaptikon GmbH ("Synaptikon"). NeuroNation can be accessed via mobile applications and web domains: NeuroNation App on Apple Appstore, Google Playstore, Amazon Apps and via web f.i neuronation.de, neuronation.com and others. The offer is intended for all those interested (the "User").

1.2 Contract Parties

By your registration with any NeuroNation product, you (the "User") agree to these general terms and conditions of business ("Terms of Use", "ToU"). With this agreement and by completing the registration you enter into a valid contract with Synaptikon ("agreement"). These ToU forms the legal framework for the use of NeuroNation.

2. Coverage and Definitions

The ToU apply to all non-commercial users of NeuroNation. Hence, NeuroNation addresses private persons and end consumers only. For commercial use of NeuroNation, please contact info@neuronation.com.

Different and complementary regulations with the conclusion of the contract are applicable in written form only, this applies to alternatives in writing, as well. The ToU apply both to free services ("Freemium") and paid services ("Premium") provided by NeuroNation.

3. Scope of NeuroNation Services

3.1 Freemium and Premium Account

NeuroNation offers free and paid (premium) content and features. The application and content of NeuroNation is partially free of charge in terms of the Free-Account referring to paragraph 4 of this ToU. The user can experience the full range of NeuroNation and upgrade the free account to a paid premium subscription in web, referring to paragraph 5 of this ToU. However, the user will not be charged without explicit notification. The registration, the limited use as well as the trial use, remain free of charge.

3.2 Interaction with other users

NeuroNation works constantly on new features to improve social interactions, because we believe, that friends and like-minded people increase motivation. This is why we include comparisons, peer group benchmarking and leaderboards into our products. Every User (Free- and Premium) can set the privacy option to public, friends or private and decides for himself, what he wants to show and what he doesn’t.

Furthermore, a list of top scores is available categorizing the usernames in different lists (i.e. "Top 10 Scores of Brain Performances"). By registering, the user agrees to the anonymous use of his scores (i.e. Brain Performance) for Synaptikon’s scientific research. This data in regard to age and gender will be used by NeuroNation for statistical analyses and will remain anonymous.

3.3 Friend Lists

Every User (Freemium- and Premium) can add other Users to his friend list. The names and scores of friends can be accessed separately from the list of top scores, if the privace settings do allow comparisons. Every User can add any other User to his friends if the latter agrees to the invitation.

3.4 Availability of NeuroNation

We always strive to keep up a 99+% availability of our products. Due to technical updates, maintenance and fraudlent activity it might be necessary to limit the services for a period of time – for instance, in terms of limited capacities, security updates of NeuroNation, the integrity of the server or in terms of technical improvements ("Temporary Deficit"). Refunds due to minor temporary deficits cannot be claimed.

4. Registration

The User is obligated to provide complete and truthful information in the sections provided on the registration form. The registration data, and especially the email address, will not be published. We treat data with the utmost confidentiality.

4.1 Registration via website

The contract between Synaptikon and the User regarding the use of NeuroNation is concluded when the User agrees to Synaptikon’s ToU and the privacy statement and an email opt in.

After registration, Synaptikon will send the User an automatic confirmation by email. The email contains a hyperlink through which the User can verify that the email address is correct and he was the person, who signed up for NeuroNation (Fraud Prevention). The User undertakes to provide that verification. Until verification ("Double opt-in") is not provided, Synaptikon may restrict or prevent access to NeuroNation at any time.

The User can repeat or change the provided email address in his profile settings and initiate a new activation email.

In the aftermath, the User can choose "Premium" in the menu or order exercises liable to costs through the "Shop" by choosing a "Premium-Account" and extend the Freemium offer to Premium exercises.

If prices are quoted on NeuroNation, they are including the valid statutory VAT.

4.2 Registration via App

The registration for the app is similar as depicted in the registration process of paragraph 4.1, and differs solely in the following:

Instead of registering through the NeuroNation-website, the registration is carried out directly via app. The app requires the prior input of the username and the password. Subsequently, the input of the email address is required. The latter can only receive an activation email if the User accepts the T&C and privacy statement at the same time.

As described in paragraph 4.1 the activation process via email entails a Double opt-in. After the activation, the process is the same as in paragraph 4.1.

5. Free Use of the basic functions of NeuroNation - Freemium Account

Application and registration are free of charge to the User. If no exercises liable to costs are chosen, hence no Premium-Account has been ordered as described in paragraph 5 of the T&C, the use of NeuroNation is free.

The cost-free exercises are limited in their scope. In case of a registration through the Internet browser, the User has access to a maximum of 14 free exercises. In case of a registration via app, the User has access to a maximum of 5 free exercises. The free exercises available through the app are limited and can be repeated to a maximum of six times per day. If the User has not ordered a Premium-Account after registration but his use remains within the cost-free offer, the User complies with receiving emails from NeuroNation with information about further content and offers. The User can object to this by contacting info@neuronation.com.

Fees will be charged for full access to content and functions within the Premium-Account if this is indicated and the User orders or books them.

6. Premium services and products liable to costs - Premium-Account

In addition to the cost-free Freemium-Account, Synaptikon offers exercises and courses liable to costs ("Premium-Account") accessible via the field "Premium" or "Shop".

6.1 Scope

6.1.1 Purchases on the website

After having ordered a Premium-Account through the website, the user gains access to additional Premium exercises on the website. If offered, the user can purchase single parts of the web content for an explicitely predefined period of time.

6.1.2 Purchases through third parties and mobile app marketplaces

If a subscription was acquired via the app, the user gains access only to additional Premium exercises available through the app. If offered, the user can also buy single courses and exercises in the App only. In both cases, the scope is limited to the explicitely bought product only and do not include premium web services. All purchases inside the app will be processed by the applying app marketplaces (e.g. Google Play Store or iTunes App Store). In this case, the Term of Use of the marketplace do apply.

6.2 Fees

While the use of the Freemium-Account is cost-free, the Premium-Account can only be accessed after the payment of the fees. The exact fees for the Premium-Account are defined in each offer and correspond to the time of the conclusion of the contract, current offers and discounts of Synaptikon, and are influenced by coupon promotions. The fees are listed on NeuroNation at all times. Different fees for Premium-Accounts correspond to special offers. The payment can be conducted through subscription or one-time payments. The list of fees can be accessed through "Premium" or "Shop" online or via app.

6.3 Partial cost-free use

In terms of test- and special offers the use of parts of the Premium-Account can be free of charge. In this case, the user is not entitled to permanent use of the Premium-Account. Synaptikon holds the right to limit such partial premium access at any time.

6.4 Technical Requirements for the use of the Premium Services

The User has to provide the technical requirements necessary for the use of NeuroNation. For instance, an out-dated browser or smartphone, a slow Internet connection, missing plug-ins, etc. can cause the limitation or the complete inaccessibility of the brain training offer. The Freemium-Account should be used to test the technical requirements before using the Premium-Account. Thus, the User is not entitled to refunds of his payment for the Premium-Account.

6.5 Claims due to changes made to the Premium Services

The User has to provide the technical requirements necessary for the use of NeuroNation. For instance, an out-dated browser or smartphone, a slow Internet connection, missing plug-ins, etc. can cause the limitation or the complete inaccessibility of the brain training offer. The Freemium-Account should be used to test the technical requirements before using the Premium-Account. Thus, the User is not entitled to refunds of his payment for the Premium-Account.

6.6 Conclusion of Contract and Delivery

The contract between the User and NeuroNation regarding the use of the Premium-Account is concluded when the User has chosen a Premium-Offer online or via app and the payment process has been completed. In this case, the User will be forwarded to a website, or a screen in case of the app, stating that the Premium-Account is now accessible. If this site does not automatically appear, the conclusion of the contract is valid with the first selection of a Premium exercise. The access to the Premium courses and exercises is available after the purchase. Non-digital products are send out within four weeks of the purchase.

6.7 Billing Process

Premium contracts are available according to current offers as subscription or one-time purchases. Billing type, prices and terms are defined in each offer and are summarized prior to the end of the ordering process. The contract for ordering Premium products becomes binding by pressing the "Purchase" button.

6.8 Mode of Payment: App Purchase

The purchase of a Premium-Account via app is administered through the sites and billing arrangements of Google Play, the Amazon App Shop or the iTunes Store. A sales process of this sort is subject to the T&C of the respective provider.

6.9 Mode of Payment: Online Purchase

Fees for the use of Premium-Accounts are due in advance. The User can conduct the payment through the displayed payment systems, i.e. credit card or electronic or direct debiting scheme.

Billing takes place digitally, a paper billing will not occur. The invoices can be requested via info@neuronation.com at any time.

7. Contract Duration and Termination

7.1 Freemium Account

The contract for using the Freemium-Account (basic contract) is concluded for an unlimited period and may be terminated by the User without notice at any time. To terminate the contract, the User can remove the registration data through the "Profile/settings" menu item by clicking on the "Delete User account" button. After that, the User receives an email with a link on which he must click on to effect the cancellation of registration.

Synaptikon has the right to cancel the contract with the User should they violate the code of conduct described in paragraph 10 of this T&C. The deletion of an account entails the deletion of all User data including their scores, evaluations and comments.

7.2 Premium Account

The deletion of the Premium-Account does not automatically entail the termination of the contract. A proper notice of termination must entail a timely written cancellation of the contract.

7.2.1 Notice of Termination

The Premium-Account is available in different packages and with differing contract durations. The current packages und contract durations are listed on the website. If no written or digital notice of termination is received at least 4 weeks before the end of the term of contract, the contract is automatically extended by the original contract duration. The notice of termination should be addressed to:

info@neuronation.com

or

Synaptikon GmbH, NeuroNation
Ritterstraße 3
10969 Berlin

The date of the cancellation of the contract accords to the time the notice of termination is received by Synaptikon. Contracts of four weeks or less can be terminated at any time without a period of notice.

7.2.2 Extraordinary Notice of Termination

Both contract parties are entitled to end the Premium contract at any time due to extraordinary reasons. The latter include:

  • the User’s violation of NeuroNation’s code of conduct as described in paragraph 11 of this T&C
  • the failure to adhere to regulations agreed to in the registration process
  • the failure to make payments two weeks after a reminder has been received
  • the case that the obtainment of NeuroNation in its current form – or any form – is no longer possible due to legislation changes
  • the disintegration of the company due to bankruptcy, the sale of the company or alternate business-related activities.

Attention: In contrast to the Freemium-Model, the deletion of the Premium-Account does not automatically entail the termination of the contract. To terminate the contract, a proper notice of termination entailing the shift to a Freemium-Account is needed.

7.2.3 Termination of Premium Services

If the Premium Membership is terminated through a proper notice of termination, the User’s Membership is shifted from a Premium- to a Freemium-Account. The data generated during the Premium-Membership remain and can be accessed in case of an a new Premium-Membership. The User himself has no claim to this data.

If the Premium Membership is terminated through an extraordinary notice of termination, the User’s account is not shifted to a Freemium-Membership, but deleted permanently. The deletion of an account entails the deletion of all User data including their scores, evaluations and comments.

8. Notice of Cancellation

In regard to the payment due for the Premium-Membership, Synaptikon grants the User the right to a notice of cancellation as described in the following:

Notice of Cancellation

The User has the right to cancel his contract agreement within 14 days without giving reasons for the latter.

The duration of the period for the notice of cancellation is set to 14 days starting with the day of the conclusion of the contract. To make use of the right to the notice of cancellation, the User should inform Synaptikon about his decision via post or email:

Synaptikon GmbH, NeuroNation
Ritterstraße 3
10999 Berlin

info@neuronation.comThe User can also use the following blueprint to inform Synaptikon about his notice of cancellation, but is not obliged to do so.

To make use of the right to the notice of cancellation, it is sufficient to inform Synaptikon about the decision within 14 days of the conclusion of the contract.

Implications of the Notice of Cancellation:

If the User decides to cancel the contract within 14 days of its conclusion, Synaptikon is obliged to refund all payments made until that date within 14 days starting on the day the User’s notice of cancellation has been received (excluding the additional costs resulting from the use of any other form of delivery than the standard option). The transaction will be undertaken in the same mode of payment that has been chosen in the first instance of payment, unless both parties have agreed on an alternate mode of payment. In any case, the User will be charged with no extra costs.

ATTENTION: Payment cancellations for products bought through the AppStore, Google Play or Amazon AppShop are subject to the store provider policy.

-End of the Information on the Notice of Cancellation-

Attachment to the Notice of Cancellation - Blueprint

If you aim to cancel the contract within 14 days of its conclusion, please fill out this form and send it to:

Synaptikon GmbH, NeuroNation
Ritterstraße 3
10999 Berlin

With this notice of cancellation, I would like to inform you about the termination of my Premium-Membership.

Premium-Account ordered on _______________________/

Access to Premium-Account received on _______________________

Address of the customer _______________________

Date_______________________________

Signature (only needed in case of mail delivery)

9. Content, Accessibility and Liability of NeuroNation

9.1 Content and Accessibility

Synaptikon strives to ensure that the brain training functions properly at all times. However, Synaptikon does not guarantee uninterrupted access. For providing its service, Synaptikon uses the technologies currently and commonly used in the field. To be able to make full use of the services offered by Synaptikon, the User must likewise use these technologies (e.g. up-to-date operating systems or browser technologies, Adobe Flash) or enable their use on his computer (e.g. activate Java Script, enable cookies and pop-ups). If older or not commonly used technologies are used, the User might only be able to make limited use of the services provided by Synaptikon.

9.2 Liability

Claims for damage on the part of the User are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the User arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of Synaptikon, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A "cardinal obligation" or "essential contractual obligations" are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.

In the event of infringement of essential contractual obligations, Synaptikon shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the User arising from death or injury to body or health.

The restrictions apply in the same sense to employees, shareholder, staff, executives, and assignees of Synaptikon and associated businesses.

10. Copyrights, Trademark, Property Rights and Rights to the use of Names and Labels

Unless content is expressly labelled as creative commons all texts, images and other works created by Synaptikon and distributed within the context of NeuroNation are protected by copyright and any use outside of the NeuroNation online brain training requires Synaptikon’s prior approval.

11. Code of Conduct

11.1. Password

The password generated upon registration is to be treated with the utmost confidentiality and must not be passed on to third parties. Synaptikon will never enquire the User’s password, unless for identification purposes on the website. In case of the suspicion of the unauthorized knowledge or use of the account of/by a third party, we strongly recommend an immediate change of password.

11.2. Content

The User warrants that the content transferred by the User does not infringe on any third party’s rights, laws or good customs. It is further prohibited to spread advertisement. It is prohibited to spread content including: the portrayal of violence, sexual acts, discriminating, offensive, racist, aspersive or in any other way illegal content.

11.3. Use of Results

The use of NeuroNation is for private purposes only. The use, evaluation or saving of the data generated through "Ranking" is not permitted.

11.4. Publications

NeuroNation content may – permitted by law – not be copied, spread or publically displayed in any way without the consent of the holder.

11.5. Disruptive Interference

Disruptive Interference is forbidden. It is explicitly prohibited to spread any sort of spam or advertisement. Electronic attacks against NeuroNation of any sort (including the hard- and software necessary for its operations) or against individual Users is prohibited. The following are understood as electronic attacks: hacking, i.e. the attempt to bypass or annul security measures for the purpose of the obtainment of personal information, or the modification of one’s own scores or those of others. Denial-of-service attempts, i.e. attempts to block the NeuroNation server through numerous generated inquiries, hindering, slowing down NeuroNation or making the website inaccessible, are forbidden.

11.6. Consequences of the Disregard of the Code of Conduct

If the User or his content provided violate the paragraphs from 11.1 until 11.6, Synaptikon may at any time remove or delete any content published by the User in its own discretion if the User does not withdraw the respective content within a week of receiving the notice from NeuroNation.

12. Final Provisions

Agreements between Synaptikon and the User shall be subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

The Parties agree to exclude those provisions of the German international civil law, that may cause the exclusive application of any other jurisdiction.

Berlin, August 2016

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