BrainyBot is provided by administration of the site https://brainy-bot.com/ (“BrainyBot ” or “we”). These Terms of Use (“terms”) apply for the use of BrainyBot. When you started using BrainyBot, you (“you” or “user”) agreed to these terms.
If you have questions, please contact us at contact@brainy-bot.com
1. Using BrainyBot
BrainyBot does not provide any medical advice, therapeutic or diagnostic information or recommendations.
You may only use BrainyBot to manage and document your treatment. However, do not rely solely on BrainyBot. We do not check the correctness or completeness of your settings or entries in BrainyBot.
Always verify the accuracy of content in BrainyBot: Read the package insert of your medication and consult with your doctor. Make medical decisions based on your doctor’s advice only. We do not verify the accuracy of third-party content in BrainyBot.
You may use BrainyBot if you are of legal age or with the consent of your guardians. You may not use BrainyBot for commercial or professional purposes.
You are not permitted to use BrainyBot on a smartphone which has been jailbroken or rooted. Jailbreaking and rooting removes safeguards from your smartphone, which can leave your smartphone vulnerable to fraudulent attacks.
2. Provision of BrainyBot
Some BrainyBot functionality requires internet connection. As we rely on telecommunication networks beyond our control, we cannot guarantee uninterrupted availability of BrainyBot. We try to minimize operational interruptions e.g. for maintenance.
We cannot guarantee BrainyBot working on your smartphone or compatibility with your smartphone’s software or hardware. We do not have to provide technical support or maintenance for BrainyBot.
We are not liable for data loss if you delete your data, delete BrainyBot from your smartphone, delete your account or if you lose access to your account.
3. Registering an account
You can use BrainyBot without a user account (“account”). Without an account you can only use BrainyBot on one smartphone. If you lose this smartphone, you will not be able to restore your data. To register an account, you must enter your email address and a password. You are responsible for keeping your password confidential. Please inform us if you suspect misuse of your account.
4. Right to use BrainyBot
We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to use BrainyBot for the purpose and duration of the agreement based on these terms (“this agreement”). You may download a copy of BrainyBot on your smartphone as necessary forusing BrainyBot only. You may not make BrainyBot publicly accessible, rent out or otherwise commercially use BrainyBot. All rights not explicitly granted remain reserved.
You may use included databases only as required for the purpose of using BrainyBot.
6. Disclaimers
Your use of any aspect of the Service is at your own risk. You must consult with healthcare providers and make your medical decisions based on their advice.
If you use and/or access the Service on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, BrainyBot shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.
BRAINYBOT IS NOT PROVIDING ANY MEDICAL ADVICE OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER IN RESPECT OF THE SERVICE. INFORMATION REGARDING MEDICATIONS, HEALTH, MEDICAL ADVICE AND OTHERWISE MAY BE PROVIDED BY THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE. WE CANNOT ACCEPT ANY LIABILITY WHATSOEVER IN RESPECT OF ANY SUCH CONTENT WHICH IS PROVIDED BY THIRD PARTIES AND/OR ANY OTHER USERS OF THE SERVICE. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE SERVICE ARE TAKEN AT YOUR SOLE RISK. A. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE SERVICE TO ENSURE ITS ACCURACY
We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Service. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.
You may request termination of your account at any time and for any reason and you may exercise your rights according to the General Data Protection Regulation (”GDPR”), by sending an e-mail to contact@brainy-bot.com.
More information about your rights pertaining to the GDPR can be found in our Privacy Policy. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.
7. Duration and termination
This agreement is concluded for an indefinite period. You may terminate this agreement anytime.
You cancel the agreement by deleting your account. We may terminate this agreement anytime with two weeks’ notice e.g. by email. The agreement is automatically terminated if we do not register any activity in your account for a duration of three years. If the agreement is terminated, we delete your account and you may no longer use BrainyBot.
The right of termination for good cause remains unaffected.
8. Information on online settlement in the EU
On online settlement of disputes (Art. 14 para. 1 ODR-VO): The European Commission provides a platform for Online Dispute Resolution, found at http://ec.europa.eu/consumers/odr/.
On dispute resolution before a consumer dispute settlement board (§36 VSBG): We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer dispute settlement board.
9. Final provisions
All disputes are resolved through negotiations.
Sole place of jurisdiction for all disputes arising from this agreement is the location of our registered offices.
If any provision in these terms is or becomes wholly or partly ineffective, this shall not affect the effectiveness of the remaining provisions. In the event of a provision being ineffective, the parties shall agree upon an effective provision that, insofar as legally possible, most closely reflects what the parties to the agreement intended. The same shall apply in the event of omissions in the agreement.
10. Amendments
We reserve the right to amend these terms and will inform you of changes in time. By continuing to use BrainyBot after a change, you agree to follow and be bound by the updated terms. When we inform you of changed terms, we will remind you again that continued use of BrainyBot implies agreement to the terms. You can find the latest version of these terms on our website https://brainy-bot.com/.
These terms were last changed on 15.03.2023.