TERMS AND CONDITIONS 

Please read these terms and conditions as you will be bound by them if you decide to use this platform and its related apps. These terms and conditions spell out your rights and obligations and the rules and conditions under which you may use this platform. Using this platform means you have read and understood these terms and conditions, and you accept them all as stated herein. If you do not agree, then you may not use this platform or its related apps. 

WARNING 

IF, AT ANY TIME WHILE USING THIS PLATFORM OR ITS RELATED APPS, YOU ARE THINKING OF SUICIDE OR HARMING YOURSELF OR HARMING OTHERS, OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER, OR YOU EXPERIENCE A MEDICAL EMERGENCY, THEN STOP USING THIS PLATFORM IMMEDIATELY AND CALL YOUR RELEVANT EMERGENCY NUMBER. NO EXCEPTIONS. DO NOT USE THIS PLATFORM AGAIN UNTIL YOU ARE CLEARED TO DO SO BY APPROPRIATE MEDICAL PERSONNEL.

  1. TERMS OF SERVICE 

1.1 All Rights Reserved. This website, its associated website \www.brainsculptproducts.com, its associated app BrainSculpt, and their related software (collectively the “Platform”) are owned and operated by Self-Help Technologies, LLC (“Self-Help”). The app, software, website and all information posted herein (collectively “Properties”) belong to Self-Help, unless otherwise indicated, and are protected by copyright laws worldwide. All rights reserved. 

1.2 Binding Terms of Service. These terms and conditions (“Terms and Conditions”) govern the use and access of the Platform (“Services”) and are binding on all users of the Services. By using the Services you agree that you have read and understood these Terms and Conditions, and you accept them as stated. If you do not agree, then you may not use these Services. 

1.3 Right To Amend. Self-Help hereby incorporates the terms of the subscription plans, the privacy policy, the code of conduct, and any other rules or policies adopted by Self-Help to govern the Services into these Terms and Conditions, and reserves the right to make changes, edit, amend or update these Terms and Conditions at any time without prior notice. You agree to be bound by those changes, edits, amendments and updates from the date of issuance. If you do not so agree, then you may not continue using these Services. 

1.4 Compliance With Rules. When using the Services you must comply with the Terms and Condition, all applicable laws, the Code of Conduct set out below and any other rules or policies Self-Help may establish from time to time. Failure to do so will lead to termination of your Account and loss of your ability to use the Services. 

  1. ACCOUNTS 

2.1 Registration. There are certain portions of the Platform that require you to register for an Account (“Account”) to receive Services. You agree to provide accurate, true, and complete information about yourself in the creation of that Account. You must keep your account information, including a valid email address, accurate and up to date at all times. You are responsible for notifying us of changes. If you fail to provide accurate registration information, or fail to update us of changes to your registration information, and therefore, are unable to receive services or experience losses, Self-Help will not be held responsible for such losses. Additionally, any violation to these terms may result in the termination of your Account. 

2.2 No Ownership. You agree that you have no ownership interest over your Account. Your Account is not a right but a privilege subject to Self-Help’s sole discretion and may be terminated at any time in accordance with these Terms and Conditions. 

2.3 Confidentiality of Password. Your password is confidential; thus, you are solely responsible for keeping it secure. You agree not to provide or disclose your username, password or any confidential information to any other party by any means. We are not responsible for any damage or loss of privacy resulting from your failure to maintain your password or other account information securely. 

2.4 Unauthorized Use. You must notify us immediately if you suspect or become aware that your Account has been used without your authorization. 

2.5 Eligibility. You must be 18 years or older to register for the Services. If you are under 18 years of age, you must submit a consent form from your legal guardian or parent. All users must be above the age of 13. 

  1. FEES 

3.1 Service Plans. Self-Help offers different plans and packages for the Services (“Subscriptions” or “Subscription Plans”). Information as to the respective plans and packages is available on our site at https://brainsculptproducts.com/services. These plans are subject to change and Self-Help reserves the right to change or alter subscription terms and conditions. 

3.2 Payment. You agree to pay all fees and charges associated with your Account on a timely basis. Payment shall be made via credit card, debit card or other payment method authorized by Self-Help. You agree to provide accurate and complete payment information and maintain that information in your account so that monthly fees can be charged automatically. Self-Help does not store or have access to your credit card information. Self-Help uses a secure third-party membership management system to process payment. By providing Self-Help with your credit or debit card information you hereby authorize Self-Help to charge your credit or debit card your monthly fees without first obtaining your consent to process payment in accordance with your Subscription Plan. 

3.3 Suspension of Subscription. Self-Help may offer one or more Subscription Plans or package services with an initial charge and then monthly fees depending on the package. A Subscription Plan will automatically renew each month and Self-Help may bill for those monthly fees automatically. However, you may choose to suspend a Subscription Plan at any time. If you decide to suspend your subscription, you may stop your monthly payment from the indate you contact Self-Help to cancel your subscription. Any fees owed for that month will be prorated for the number of days used that month prior to cancellation and the unused portion refunded. The initial charge will not be refunded. If you decide to re-subscribe, your subscription price may change to reflect then-current subscription rates. 

3.4 Automatic Suspension. If your payment is late or your offered payment method (e.g., credit card or debit card) cannot be processed for any reason, your Subscription Plan will be put “on-hold” status and your access to the Services stopped until payment is made. Failure to correct this issue and make payment may result in termination of the Account. 

3.5 No Proration. From time to time, the Platform may experience technical problems which result in the temporary disruption of the Services. Self-Help has no obligation to lower or refund its monthly fee, or any portion thereof, as a result of such disruptions. In certain circumstances, Self-Help may decide in its own discretion to offer one or more users a discount, proration of fees or refund for any reason Self-Help sees fit; doing so does not create a right to such discount, proration of fees or refund at that time or at any time in the future or in any other user. Self-Help may from time to time choose at its own discretion to offer an introductory discount or retention discount or loyalty discount; doing so does not entitle any existing user to a similar discount. 

3.6 Billing Mistakes/Disputes. You must inform Self-Help in writing at dispute@brainsculptproducts.com within 7 days after the receipt of your bill of any mistakes or disputes. Failure to notify Self-Help within seven days will result in such dispute being waived. Self-Help may choose, in its sole discretion, to address this dispute regardless, but doing so does not undo this waiver. 

  1. VIOLATIONS 

4.1 Investigation. Self-Help reserves the right to investigate any violation, suspected violation or alleged violation of these Terms and Conditions, the Subscription Plan, the privacy policy, the code of conduct, or any other rules or policies applicable to the Services. Self-Help may at its discretion suspend or limit your access to your Account, to the Services or to the Platform during an investigation. 

4.2 Enforcement. In the event Self-Help determines that you have or may have violated any of these Terms and Conditions, the Subscription Plan, the privacy policy, the code of conduct, or any other applicable rules or policies, Self-Help in its sole discretion reserves the right to take any and all of the following actions:

  1. Send you a reprimand letter; ii. Suspend your access to the Services or Platform; iii. Delete any of your content; iv. Suspend or discontinue your Subscription Plan; v. Suspend or terminate your Account in accordance with Paragraph 5 of these 

Terms and Conditions; vi. Notify the proper authorities; vii. Pursue any legal action Self-Help deems appropriate; viii. Take any other action that Self-Help deems appropriate and necessary. 

4.3 Criminal Conduct. If Self-Help suspects that criminal activity has occurred, we  reserve the right to cooperate with any and all applicable legal authorities in any jurisdiction. We will comply with all applicable laws, legal processes or governmental requests. 

  1. TERM AND TERMINATION 

5.1 Term. The term of this Agreement shall commence on the date you first start using the Services and shall continue until terminated in accordance with these Terms and Conditions. 

5.2 Termination for Violation. We may terminate your Account for any of the following reasons: 

  1. You violate any terms of these Terms and Conditions, the Subscription Plan, the 

privacy policy, the code of conduct, or any other applicable rules or policies; 

  1. You fail to make prompt payment, fail to provide accurate and complete payment information, or we are unable to process your submitted payment method. 

iii. You breach any term of this Agreement; 

  1. You use the Platform or Services in an illegal manner; or 
  2. You violate our copyrights. 

In the event of such a termination, you will NOT be entitled to any refund of any fees paid or prepaid. You also may be temporarily or permanently barred, at Self-Help’s sole discretion, from opening a new Account and from using the Services. This is in addition to any other remedies at law or equity Self-Help may pursue. 

5.3 Termination At Discretion. We may terminate your Account if Self-Help decides to stop providing the Services or Subscription Plans or for any other reason that Self-Help deems necessary, at its sole discretion. In the event of such a termination, any fees owed for that month will be prorated for the number of days used that month prior to cancellation and the unused portion refunded. The initial charge will not be refunded. 

5.4 Termination By You. You may stop using the Services at any time by closing your Account or upon written notice. Notice of termination must be provided at least 5 days before termination will be effective. Any fees owed for that month will be prorated for the number of days used that month prior to the effective date of termination and the unused portion will be refunded. The initial charge will not be refunded. Note that payment may already have been processed for the next month at the time you provide notice; Self-Help is not responsible for any damages resulting from such payment being made. 

5.5 Effects of Termination. Upon termination, your Account may be deleted and your right to use the Services and access the Platform and any content therein will immediately cease. All provisions of these Terms and Conditions which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. 

5.6 Licenses Limited. Nothing in these Terms and Conditions or the Subscription Plans, the privacy policy, the code of conduct or any other rules or policies that may be or become applicable to the Services creates, or may be interpreted as creating, a perpetual license in you or a right by you to maintain a license following termination under this Paragraph 5. 

  1. DISPUTE RESOLUTION/ARBITRATION AGREEMENT 

6.1 Please read the following section carefully. It limits the manner in which you may seek relief from us and it requires you to arbitrate disputes with us. 

6.2 Waiver of Right To Sue. YOU HEREBY WAIVE AND AGREE TO GIVE UP ANY AND ALL RIGHTS TO BRING ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST US, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS, AND WHETHER PRE-EXISTING, PRESENT OR FUTURE, ARISING FROM OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS, THE SERVICES, THE PLATFORM, YOUR SUBSCRIPTION, THE PRIVACY POLICY, THE CODE OF CONDUCT OR ANY OTHER RULES OR POLICIES APPLICABLE TO THE SERVICES BEFORE ANY COURT OR TRIBUNAL OTHER THAN AS PROVIDED IN PARAGRAPH 6.3. 

6.3 Arbitration. In the event a claim, dispute or controversy arises between you and Self-Help related to these Terms and Conditions, the Services, the Platform, a subscription, the privacy policy, the code of conduct or any other rules or policies applicable to the Services, or for any other reason, you hereby agree that such claim, dispute or controversy will be referred to mandatory, binding, individual arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. Arbitration is more informal than a lawsuit in court. 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN 

ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination. 

6.4 Time of Filing. Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. 

6.5 Notice. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Self-Help Technologies’ address for Notice is: 

Self-Help Technologies, 

Attn: General Counsel 

95 West 100 South 

Suite 102 

Logan, Utah 84321 

The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. Both parties agree to use good faith efforts to resolve the claim directly, but if no agreement is reached within 30 days after the Notice is received, either party may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Self-Help shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, Self-Help shall pay you the amount awarded by the arbitrator, if any. All documents and information disclosed in the course of arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor Self-Help shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator. 

6.6 Arbitration Rules. Either you or we may start arbitration proceedings. Any arbitration between you and Self-Help will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more 

arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC. Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the State of Utah in the United States, without regard to choice or conflicts of law principles. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, between the parties. The arbitration proceeding will not be consolidated in any way with any other issues, matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the forum’s rules, and the Terms and Conditions (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. You may choose to have the arbitration conducted by phone, written submission or in person. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

 

6.7 Waiver of Class Action. WHERE PERMITTED UNDER THE APPLICABLE LAW, PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both parties agree, no arbitrator or judge may consolidate more than one person’s claim or otherwise preside over any form of a representative or class proceeding. 

 

  1. LIMITATIONS AND DISCLAIMERS 

7.1 Medical Disclaimer. The Platform and the Services are not intended as medical services or advice. Our products and Services are not intended to replace medical or professional treatment and should not be used in such a way. Our Services are not intended for clinical diagnosis requiring in-person evaluation. Self-Help offers this technology and these tools to help you enhance a sense of calm and relaxation, build mental resilience, and explore memory networks. Our service is designed for self-guided use by an individual in a non-clinical setting. Any use of BrainSculpt products or Services is at your own risk. Self-Help is not responsible for any injuries or health problems you may experience as a result of using our products or Services. Self-Help does not make any warranties, claims, representations as to the efficiency of using our Services, nor do we warrant or represent that our Services have been endorsed, created, developed or tested by any professional or medical organization or by any medical professional. Self Help has not evaluated the use or effectiveness of BrainSculpt products or Services for use in a clinical environment and does not make any warranties, claims, or representations for the use or effectiveness of BrainSculpt products or Services in such an environment or by any professional, caregiver or medical provider in the providing of medical services or advice of any sort; Self Help hereby EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON for any injury or harm of any type caused, in any way, by the use of BrainSculpt products or Services by any professional, caregiver or medical provider in the providing of medical services or advice of any sort.

7.2 No Warranties. YOU UNDERSTAND AND AGREE THAT THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. SELF HELP MAKES NO REPRESENTATIONS OF AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SELF HELP DOES NOT WARRANT THAT THE PLATFORM OR SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SELF HELP MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCTS OR SERVICES ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SELF HELP PLATFORM OR SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND SELF HELP IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. 

Self-Help is not intended to be a platform that makes recommendations on the purchase, sale, or holding of products or services that are available to customers on its Site or App. Because the information in advertisements may change, we ask our customers to make product purchase decisions based on your own judgment, without relying on the information as posted by Self-Help. Self-Help does not assume responsibility, will not act as a consultant, and will not become a party to any contract negotiations to the customer, regardless of whether the interaction takes place via the Site. 

7.3 No Advice. NO ADVICE OR INFORMATION WHETHER ORAL OR INWRITING OBTAINED BY YOU FROM SELF HELP SHALL CREATE ANY WARRANTY ON BEHALF OF SELF HELP TECHNOLOGIES. 

7.4 Limitation of Liability. YOU AGREE THAT SELF HELP, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER THE CLAIM GIVING RISE TO SUCH DAMAGES IS BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR GROSS NEGLIGENCE, EVEN IF SELF HELP HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, DAMAGE TO DEVICES OR CLAIMS OF MENTAL OR EMOTIONAL HARM. YOU FURTHER AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS RELATED TO THE SERVICES OR PLATFORM, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY, SHALL BE LIMITED TO A RETURN OF THE FEE PAID BY YOU FOR THE SERVICES; YOU AGREE THAT IN NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO MORE THAN THAT. 

7.5 Limitations for Third Parties. YOU AGREE THAT SELF HELP HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SELF HELP SERVICES, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO SELF HELP, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS. 

7.6 Force Majeure. Self-Help shall not be liable for loss, damage, or delay arising out of or in any way attributable to a Force Majeure event, to include circumstances beyond Self-Help’s control, such as, but not limited to acts of God or the public enemy, wars, hostilities, insurrection, labor disputes, embargoes, strikes, accidents, earthquakes, fires, floods, epidemics, quarantine restrictions, lightning, tornadoes, typhoons, high water, landslides, and acts of the Government in its sovereign or contractual capacity. 

7.7 Enforceability. In the event any of the provisions 7.1 – 7.6 are found to be legally unenforceable in your jurisdiction as written, they shall be interpreted in such a way as to provide the maximum legal protection for Self-Help that the jurisdiction will allow. 

7.8 Indemnification and Hold Harmless. You hereby agree to hold harmless, defend and indemnify Self-Help, its officers, shareholders, employees, agents, directors, and affiliates from any suit, claim or action by any third party arising out of your use of the Services or your violation of the Terms and Condition, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees. You further agree to notify Self-Help of any such claims, suits or actions within 10 days of your discovery of such claims, suits or actions, and to allow Self-Help to participate in the defense of such claims, judgments, losses or liabilities at its own expense. 

  1. LIMITATIONS AND DISCLAIMERS 

8.1 Applicable Law. These Terms and Conditions shall be governed by the laws of the State of Utah, without regard to its conflicts of laws principles. 

8.2 Severability. If any provision of these Terms and Conditions or the terms of the subscription(s), the privacy policy, the code of conduct, or any other rules or policies applicable to the Services is found to be unlawful, void, or for any reason unenforceable, it shall be considered severed and will not affect the validity and enforceability of any remaining provisions. 

8.3 Entire Agreement. These Terms and Condition, along with the terms of the subscription(s), the privacy policy, the code of conduct, or any other rules or policies applicable to the Services constitute the entire agreement between you and Self-Help and supersede any and all prior negotiations, representations, agreements, and understandings among the Parties. 

8.4 Modification. These Terms and Condition, along with the terms of the subscription(s), the privacy policy, the code of conduct, or any other rules or policies applicable to the Services may not be modified by any party except Self-Help, and then may only be done so expressly and in writing. 

8.5 International Users. BrainSculpt can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Self-Help intends to announce such Services or Content in your country. BrainSculpt is controlled and offered by Self-Help from its facilities in the United States. Self-Help makes no representations that BrainSculpt is appropriate or available for use in other locations. Those who access or use BrainSculpt from other countries do so at their own volition and are responsible for compliance with local law. 

  1. SOFTWARE/EQUIPMENT REQUIREMENT 

9.1 Equipment and Network. You must provide all necessary equipment and software to connect to BrainSculpt including but not limited to a device that is compatible with our services. You are solely responsible for any fees such as internet connection, mobile fees, etc. when accessing our Services. By providing your cell phone number and using the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Services. We will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply. 

9.2 Browser. We recommend that you use the latest version of one of the following browsers when using our website. (As of November 2019) 

Google Chrome 

FireFox 

Internet Explorer 

Safari 

9.3 App. App requirements are posted in the Appstore or Playstore in which the App can be downloaded. Downloading or installing the app (i.e. Shareit, apk direct install, jailbreak, etc.) through other means are strictly prohibited. We disclaim any responsibility for installing the app through other means. 

9.4 Up To Date. We require that your Internet Browser and Mobile Operating System be up to date. We disclaim any responsibility for any damages resulting from your system failing to meet our software or system requirements. 

9.5 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to BrainSculpt, including but not limited to, a mobile device suitable to connect with and use with BrainSculpt, in cases where the Services offer a mobile component. 

9.6 Internet Connection. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing BrainSculpt. 

9.7 Cell phone. By providing your cell phone number and using the Services, you hereby affirmatively consent to our use of your cell phone number for calls and texts in order to perform and improve upon the Services. We will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by informing us through our contact page. 

9.8 User Obligation. You are hereby informed that we do not evaluate, assess, test or provide research about the various contents or products on our website, specifically the third party and user content and products, and therefore, we are not responsible or cannot be held accountable for the outcome and impact of the usage of such materials or items. 

9.9 Updates. You hereby agree that we may update the app (or software, or this website) in order to serve you better. We may require you to update the app in order for you to use our services. You acknowledge and agree that such update(s) may be made without notification to you. You may need to update third party software from time to time in order to use BrainSculpt. 

9.10 Accuracy of User Content. By using our website, we do not warrant, guarantee or suggest that the materials uploaded herein are accurate, precise, valuable or not harmful. As a user of this Site, you are responsible for taking safety measures needed to safeguard yourself and also safeguard your computer systems from viruses, worms, Trojans, malwares or other hazardous content. This Site might include materials or contents that are indecent, offensive, or otherwise objectionable, as well as content containing typographical mistakes, technical imprecision and other errors. 

9.11 No Obligation to Prescreen Content. You hereby agree that we have no obligation to pre-screen content (including but not limited to user content), although we reserve the right to refuse or remove any content if we find it violative under these Terms and Conditions or the terms of the subscription(s), the privacy policy, the code of conduct, or any other rules or policies applicable to the Services. You hereby agree that you have no expectation of privacy concerning the transmission of your user content that you intended for general consumption. 

9.12 Your Content License. We do not claim ownership of any user content. However, when you publish your content, you represent that you own and/or have a license to post that content. Subject to applicable terms and conditions, you hereby grant us a  royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, your content (in whole or in part) for the purposes of operating and providing the Self-Help Services to you and to our other users. 

9.13 License and Restrictions. The license under this Agreement is for personal use only. You shall not use this app for commercial purposes or reselling this app or using this app for proprietary purposes. This App, its source code, logos, trademarks, and other assets are NOT to be used commercially and may not be modified or redistributed. Before installing this App, you must determine that the App sufficiently meets the system requirements. Ownership of this App exclusively belongs to Self-Help. No transfer of ownership of the app to the user is intended in any way. 

9.14 Use of Our Services. You agree to abide and adhere to all of our guidelines or policies related to the Services. You may not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose. 

9.15 Interaction with Other Users. You are solely responsible for your interactions with other users and any other parties with whom you interact in regards to BrainSculpt products and Services. You agree that we are not responsible for any liability incurred as a result of your interactions with other users. 

  1. COPYRIGHTS AND LICENSES 

10.1 Copyrights. All content provided by Self-Help (e.g., characters, graphics, logos, button icons, images, audio clips, videos, digitally downloaded materials, and edited data) is the property of either Self-Help or its content providers and is protected by US copyright law and international laws concerning copyrights. All compilations of content provided through BrainSculpt are the exclusive property of Self-Help and are protected by US copyright law and international laws concerning copyrights. 

10.2 No Copyright License. By using the Services, you agree to recognize the right, title and interest of Self-Help in and to its name, service marks, trademarks and copyrights (collectively “Trademarks”), acknowledge that those Trademarks and the registrations thereof are good, valid and enforceable in law and equity, and agree not to engage in any activities, directly or indirectly, which may contest, dispute or otherwise impair the right, title and interest of Self-Help in and to those Trademarks. You shall not acquire or claim any right, title or interest in or to the Trademarks through the use of the Services or by obtaining an Account or Subscription. Nothing in these Terms and Conditions or the terms of the subscription(s), the privacy policy, the code of conduct, or any other rules or policies applicable to the Services shall constitute a general license authorizing the use of Self-Help’s Trademarks, and you agree these Terms and Conditions do not grant you any type of copyright license, right, title, or interest in the intellectual property rights of Self-Help. You may not reprint or reproduce information, images, etc., that are provided via BrainSculpt without our permission. 

10.3 License Grant. Self-Help hereby grants you a limited, non-exclusive, non-commercial, personal license to use BrainSculpt on the condition that you comply with these Terms and Conditions and the terms of the subscription(s), the privacy policy, the code of conduct, or any other rules or policies applicable to the Services. This license does not cover any of the following: resale or commercial use of BrainSculpt or its content; collection or use of product lists, descriptions, or prices; secondary use of BrainSculpt or its content; downloading or copying of account information for other commercial entities; or use of data collection or extraction tools such as data mining or robot. 

10.4 App License Grant. Subject to the license grant as stated above, you are only allowed to install and use a copy of the app on a single device which you own or control and to run such copy for personal or internal business purposes. You are only allowed to download the App from the official app platform store (Google playstore for Android or Appstore for IOS) and you are not allowed to republish the app, decompile and recompile it or distribute it to other devices (i.e. share it, etc.). 

10.5 License Restriction. Self-Help and its licensors, suppliers, publishers, rights holders, and other content holders reserve all rights not explicitly granted by these Terms and Conditions or the terms of the subscription(s), the privacy policy, the code of conduct, or any other rules or policies applicable to the Services. You may not duplicate, photocopy, copy, sell, resell, access, or otherwise use BrainSculpt or any part thereof for commercial use without an express written consent from Self-Help. You may not frame or use frame technology to incorporate any logo or any other information of value owned by Self-Help (including images, characters, page layout, and forms) without an express written consent. You are prohibited from misusing BrainSculpt, and may only use BrainSculpt according to applicable laws. This license granted by Self-Help may be cancelled or terminated at our own discretion without prior noticeif you use BrainSculpt in violation of these Terms and Conditions or the terms of the subscription(s), the privacy policy, the code of conduct, or any other rules or policies applicable to the Service. 

10.6 Third Party Services. There is certain content available on our website or apps that may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those websites and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

  1. PRIVACY AND COMMUNICATIONS 

11.1 Privacy. By using the Services, you agree to be bound by our privacy policy (www.brainsculpt.com/privacypolicy). Please read the privacy policy carefully and make sure you understand it. 

11.2 Electronic Communications. When you use BrainSculpt or send us an email, you are engaging in electronic communication with us. You hereby agree to receive communications from Self-Help as a part of a notification regarding its operation, publication or function by sending you an email to your registered address, placing a notice on the Site, or using other appropriate means through the Site or App. You are deemed to agree that electronic communications from Self-Help, including all agreements, notices, and information disclosure, satisfy the legal requirements for communications in writing. 

11.3 Third Party Submission. Self-Help assumes no liability or obligation for any third-party business or individual or any action, product, or content from a third party. We recommend you carefully read the policies on privacy and the terms of use of such companies. 

PRIVACY POLICY 

Last Revised: January 2020 

This Website (www.brainsculptproducts.com) and App (BrainSculpt) (collectively the 

“Platform”) are owned and operated by Self-Help Technologies (“Self-Help”). Self-Help values 

the trust of our users and subscribers when they give us access to their personal information. 

This Privacy Policy describes how we work to maintain that trust and protect that information. 

We have developed this Privacy Policy to describe how we collect, use and disclose your 

personal information which you give us when you access our website or use our services. This 

Privacy Policy explains: 

  1. What information we collect; 
  2. Why we collect such information; 
  3. How we use or share the information; and 
  4. Who we might share it with. 
  5. Important Notice 

Self-Help fully complies with the Children’s Online Privacy Protection Act (or COPPA). We do 

not knowingly collect any personal information on children who are under 13 years of 

age. If we come into knowledge that such information has been collected, we will delete 

it immediately from our database. Since we do not collect information on children who 

are under 13 years of age, our services will not be available to children(s) who are below 

13 years of age. Details are stated in our Terms and Conditions. 

  1. Types of Data We Collect 
  2. Personal Information. When you use our website or purchase from our website, 

we collect data including, but not limited to, your user name, password, first and 

last name, email address, phone number, address, gender, messages, and any other 

data included in a submitted profile or resume and other information we may 

require. 

  1. Services. In connection with your engagement of services with us, we will 

collect payment information such as debit/credit card or paypal information and 

related verification information. 

  1. Mobile Services. For mobile services, we may collect non-personal information if 

you use our services by downloading our app. This information is used to help us 

deliver the most relevant information to you. This information may include but is 

not limited to your geographic location, usage of the app and information about 

the type of device you use. This also will help us update the app in the future. 

  1. Registration. Certain transactions or services of our website are only available 

for registered users. When you register to become a member of this website or 

make any purchase, we request certain Personal Information from you such as 

your name and email address, zip code and other personal information. 

  1. Data. We also may automatically collect and analyze information from your 

computer or mobile device, including, but not limited to, your browser type, 

operating system, IP address and the domain name from which you accessed the 

website or App, and if you are accessing our website with your mobile device, the 

type of mobile device. In addition, our website may automatically record and 

analyze activities or actions including, but not limited to, date and times of use, 

clicks, page views, the amount of time you spend on each page, and search 

queries. We reserve the right to match your IP address (or any other information) 

with other information about you in any way permitted by applicable law. 

  1. Cookies. This website uses cookies for the purpose of (a) customizing your 

experience when you visit our website; (b) to ensure that you do not see the same 

advertisement or informational messages repeatedly; and (c) to store your session 

identifier so you do not have to re-enter it each time you visit this website. 

However, you have the ability to delete and control your cookies. If you wish not 

to use cookies, you may do so by changing the settings on your browser, however, 

some features of our website may not function correctly. You assume all 

responsibility for any loss of functionality. 

  1. Certain Services. In certain services, such as two-factor authentication, we may 

require the collection of your phone number for purposes of identification. 

  1. General Users. There are certain areas of this website that require registration, 

though you may be able to access certain limited Services without registering 

(such as viewing). Even if you have not registered, we collect Non-Personal 

Information about your use of the Services through the use of cookies. The 

Non-Personal Information we collect includes the referring website, if applicable, 

the type of browser you use, the material viewed, and the time and date that you 

accessed the Services. 

  1. Usage of Personal Information 
  2. Identification. We may use any information collected pursuant to this Privacy 

Policy, including information that identifies you as a specific individual 

(“Personal Information”). We shall use such information to provide our services 

and features to you, to measure and improve our services and features, and to 

provide you with customer support. 

  1. Data Analysis. We may use your information that you send us to contact you 

when necessary in connection with the services. We may use your traffic data and 

information gathered using cookies. From time to time, we may release 

demographic data in aggregate, such as posting a report on trends in the website. 

  1. Advertisement. We may also share such information to third parties (including 

operators of third-party websites and/or social networking sites) in order to show 

you targeted advertisements and other content that has been customized for you. 

  1. Legal Action. We may also use information collected pursuant to this Privacy 

Policy to prevent potentially illegal activities and activities that are detrimental to 

you or others. We may investigate and disclose information from or about you or 

your use of our website or services if we have a good faith belief that such 

investigation or disclosure (a) is reasonably necessary to comply with legal 

process (including subpoenas, search warrants, court orders) and law enforcement 

instructions and orders; (b) is helpful to prevent, investigate, or identify possible 

wrongdoing in connection with the use of the Site; or (c) may protect our rights, 

reputation, property, safety, or that of the public; or (d) as necessary to meet 

national security requirements. 

  1. Transfer of Data to Third Parties 

We may use other companies, including affiliates and third parties, to perform services in 

connection with our operations, and to improve the Site and our other products and 

services. These third parties may include (but are not limited to) service providers and 

vendors. 

In the course of providing these services, those companies may have access to Personal 

Information, and such Personal Information may be transferred to other countries. Those 

companies are contractually required to treat such Personal Information in accordance 

with this Privacy Policy. Please also be aware that we may use third-party cloud service 

providers that provide hosting, data storage and other services pursuant to standard terms 

and conditions that may be non-negotiable; these service providers have informed us or 

the general public that they apply security measures they consider adequate for the 

protection of information within their system, or they have a general reputation for 

applying such measures. However, we will not be liable for any damages that may result 

from the misuse of any information, including Personal Information, by these companies. 

  1. Accuracy of Information 

You must only submit to us information which is accurate and complete and not misleading and 

you must keep it up to date and inform us of changes. We reserve the right to request 

documentation to verify the information provided by you. 

  1. Storage 

We may use your IP address and mobile device information to help diagnose problems with our 

service and to administer the Site. Your IP address and mobile device information may 

also be used to help identify you, your location, and your online profile and to gather 

broad demographic information (such as country of origin). We may maintain 

information collected from you pursuant to this Privacy Policy following any termination 

of your relationship with us. We may also delete such information as permitted by 

applicable law. If you provide credit, debit or other payment card and related details to us 

in order to make a payment, we will use such information only for the purpose of 

processing the payment. We may also use your data with other data, for the purposes set 

forth above. 

  1. Security 

All affordable as well as safety and security procedures will be utilized to secure your personal 

information against any kind of loss, abuse and changes of your personal information 

under our care. However, no method of transmission over the Internet, or method of 

electronic storage, is 100% secure. While we strive to use commercially acceptable 

means to protect your Personal Information, we cannot guarantee its absolute security. 

  1. Webhost Server 

Please also be aware that we may use third-party cloud service providers that provide hosting, 

data storage and other services pursuant to standard terms and conditions that may be 

nonnegotiable; our service providers have informed us or the general public that they 

have their own security measures which they consider adequate for the protection of 

information within their system, or they have a general reputation for applying such 

measures. However, we will not be liable or responsible for any damages that may result 

from the misuse of such information, including Personal Information, by these 

companies. 

  1. International Users 

All information herein is protected by United States (US Laws). Wherever your location is, your 

information may be transferred to and stored on computers or services outside of your 

country. Your laws regarding privacy may be different from US privacy laws. By using 

this website or by submitting any information stated herein, you agree to be bound by US 

Laws. 

  1. Processing And Data Controller 
  2. EU Users. For users located in the EU Region, all processing of Personal Data is 

performed in accordance with privacy rights and regulations following the EU 

Directive 95/46/EC of the European Parliament and of the Council of 24 October 

1995 (the Directive), and the implementations of the Directive in local legislation. 

From May 25th, 2018, the Directive and local legislation based on the Directive 

will be replaced by the Regulations (EU) 2016/679 of the European Parliament 

and of the Council of 27 April 2016 on the protection of natural persons with 

regard to the processing of Personal Data and on the free movement of such data, 

known as the General Data Protection Regulation (GDPR), and our website 

processing will take place in accordance with the GDPR. 

  1. Controller. Self-Help Technologies processes Personal Data both as a Processor 

and as a Controller, as defined in the Directive and the GDPR: 

  1. Self-Help Technologies is an entity which you as a user entered an 

agreement with when using our website, will be the Controller for user 

data, as outlined above in “Collection of User data” section. For 

Respondent data, as outlined in the “Collection of Respondent data” 

section, the user will be the Controller in accordance with Directive and 

GDPR, and Self-Help Technologies will be the Processor. Self-Help 

Technologies adheres to the Directive of 1995 and the GDPR from May 

25th, 2018. Consequently, Self-Help Technologies processes all data 

provided by its users with accounts in its European Data Region, in the 

European Economic Area (EEA) only. 

  1. All data collected by Self-Help Technologies users through Amazon’s 

Affiliate Services will be stored exclusively in secure hosting facilities 

provided by Amazon Web Services. Self-Help Technologies has a data 

processing agreement in place with its provider, ensuring compliance with 

the Directive. All hosting is performed in accordance with the highest 

security regulations. All transfers of data internally in the EU Region is 

done in accordance with this data processing agreement. 

  1. Data Retention and Deletion. 
  2. We will not retain data longer than is necessary to fulfill the purposes for 

which it was collected or as required by applicable laws. Users can request 

to delete their data or have it removed from our database by sending an 

email to gdpr@brainsculptproducts.com. Deletion or removal of data may 

take up to 7 days from the date of request. 

  1. Users who are not active on this website for 12 months will be 

deactivated. Users who are not active for 18 months will be deleted. 

  1. Duration of consent. The data will be retained for the duration of the user’s 

membership, or 18 months after the user’s last activity on the site. 

  1. Data Breach. We have a protocol in place to manage a data breach in the event 

that one does occur. In the event of a data breach in accordance with the EU 

GDPR regulations, we will notify all users of our MailChimp email lists and users 

of our system via email within 72 hours of the data breach and contact the 

necessary authorities. 

  1. Data Security. All data is stored in a database located on the servers of our 

hosting provider. The site uses SSL to encrypt data transferred between the server 

and the client (web browsers, mobile apps, third party sites). Only logged in users 

will have access to private sections of the site. Private data is collected using 

POST requests to avoid displaying the information in the URL for the page. We 

will disable accounts which have been lost, misused or have an unauthorized 

access unless you notify us in writing to activate your account. 

  1. Data portability. 
  2. You may request to have a copy of all of your data by contacting our data 

protection officer. You can view or edit your personal information on the 

account management link once you log in to the system. 

  1. Please send an email to gdpr@brainsculptproducts.com if you wish to see 

a full record of all of the personal information recorded in compliance 

with this privacy policy. 

  1. Data Protection Officer. Self-Help Technologies has a data protection officer for 

matters relating to privacy and data protection. You may contact our data officer: 

Data Protection Officer 

Subject: Attn: Data Protection Officer 

Email: gdpr@brainsculptproducts.com 

  1. Log Data. Like many site operators, we collect information that your browser 

sends whenever you visit our Site (“Log Data”). This Log Data may include 

information such as your computer’s Internet Protocol (“IP”) address, browser 

type, browser version, the pages of our site that you visit, the time and date of 

your visit, the time spent on those pages and other statistics. In addition, we use 

third-party services such as Google Analytics that collect, monitor and analyze 

this data. 

  1. Links to Third-Party Sites 

The Site may make available links to other websites. When you click on such links, you may 

leave our Site. The Website could additionally provide Business Pages, which might 

consist of info given by third parties. WE ARE NOT RESPONSIBLE FOR THE 

INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY 

PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, 

THIRD-PARTY SERVICE PROVIDERS, ANY THIRD-PARTY SOCIAL MEDIA 

PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR 

OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY 

THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A 

LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE 

THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO 

LEARN MORE. 

  1. Newsletter and Email 

We may send you a newsletter or email as required by this website. We may also provide third 

parties with details about your engagement with the advertisement or Sponsored Program 

if you opt to accept newsletters and emails. You agree that we are not responsible for 

how these third parties use your information and manage your privacy. If you wish to 

unsubscribe to your emails and newsletter please contact us at 

contact@brainsculptproducts.com and state that you no longer want to receive 

information, newsletters and updates. 

  1. Changes 

We regularly review the sufficiency of this Privacy Policy. We reserve the right to modify and 

change the Privacy Policy at any time. Any changes to this policy will be published on 

this website. 

Code of Conduct 

All users of Self-Help Technologies products are expected to treat our employees, other clients 

and physical or virtual visitors with the utmost respect and dignity. Self-Helf Technologies 

forbids discrimination or harassment of any kind, whether based on race, colour, national origin, 

religion, creed, sex, age, physical, mental or developmental disability, marital status, sexual 

orientation, political ideology or any other reason. Harassment may include unsolicited or 

unwelcome remarks, gestures, threats or physical contact, as well as the display or circulation of 

inappropriate or derogatory written materials or pictures. The following is a list of behaviours 

that will not be tolerated: Physical violence; Verbal abuse; Profanity; Any form of harassment; 

Intimidation tactics and/or making threats; Malicious or harmful statements about others (groups 

or individuals); Public disclosure of another’s private information; Possession of dangerous or 

unauthorized material; and Solicitation, purchase or selling of illegal substances. 

Click here, I have read, understand, and agree to abide by written terms.

Click here, Acknowledge to Continue.




Terms and Conditions for BrainSculpt MindSpa

 

  1. BrainSculpt products are NOT a treatment for any type of mental health or physical health condition. BrainSculpt products are not therapeutic in that they are not a form of any type of therapy or other treatment for any condition, either related to physical or mental health. Use of BrainSculpt products does not indicate any type of provider relationship between the user of BrainSculpt products and any employee or any other affiliate of the business. Any information given by BrainSculpt is not to be considered advice or recommendations for any type of situation or condition of the BrainSculpt user including but not limited to any type of medical, physical, or mental health condition.  Self-Help is not to be held liable for any damages, discomfort, or distresses experienced by the BrainSculpt user either during the use of the BrainSculpt products or during any other time. 
  2. Tactile bilateral stimulation (TBS) may aggravate specific medical conditions, including but not limited to headaches or migraines. 
  3. Self-Help is not liable for any changes in medical or physical health conditions following the use of BrainSculpt products and associated costs.  
  4. The user agrees to not hold Self-Help liable for any medical or mental health condition that occurs following the use of BrainSculpt products or in association with the use of BrainSculpt products. Further, the user agrees to not hold Self-Help liable for any costs associated with the treatment of conditions that onset following the use of BrainSculpt products.
  5. Self-Help makes no guarantees or claims about the use of BrainSculpt products being able to create any particular result or experience for the BrainSculpt user, including but not limited to a decrease in any negative experience or symptom, or an increase in any positive experience. Self-Help makes no claims regarding the effectiveness of BrainSculpt products for any condition. The user engages in BrainSculpt products at their own risk and with the understanding that there is no guarantee of any particular experience or result and that Self-Help will not be liable for any particular experience or result following the use of BrainSculpt products. 
  6. Caution should be taken when using BrainSculpt products to enhance a sense of rest and relaxation in that this should only be done in situations in which being in a calm and relaxed state does not cause any physical or mental health risks. In particular, BrainSculpt products should not be used when operating heavy machinery, including while driving. 
  7. Self-Help is not liable for any damages if the user disregards, is unaware of, or does not understand details associated with the user agreement and uses BrainSculpt products in situations when it is advised that they do not. 
  8. Self-Help makes no warranties, claims, or representations for the use or effectiveness of BrainSculpt products or Services in a clinical environment or by any professional, caregiver or medical provider in the providing of medical services or advice of any sort; Self-Help hereby EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON for any injury or harm of any type caused, in any way, by the use of BrainSculpt products or Services by any third-party, including but not limited to professionals, caregivers or medical providers in the providing of medical services or advice of any sort.
  9. You hereby agree that Self-Help cannot determine if the use of our products is appropriate for your particular situation and cannot predict the experience that you will have. You may have reactions to the use of the products that are surprising or unforeseeable to you, which may have unexpected negative side effects or impacts. If you choose to use BrainSculpt products, you hereby acknowledge the risks involved and hereby assume the risk for whatever the outcome is.
  10. Assumption of Risk.  It is expressly understood and agreed that you assume all risks as a result of our product and hereby release Self-Help Technologies from all liabilities as a result of using BrainSculpt products.

 

Additional Terms and Conditions for BrainSculpt Calm

 

  1. BrainSculpt is NOT a treatment for any type of mental health or physical health condition. BrainSculpt products are not therapeutic in that they are not a form of any type of therapy or other treatment for any condition, either related to physical or mental health. Use of BrainSculpt products does not indicate any type of provider relationship between the user of BrainSculpt products and any employee or any other affiliate of the business. Any information given by BrainSculpt is not to be considered advice or recommendations for any type of situation or condition of the BrainSculpt user including but not limited to any type of medical, physical, or mental health condition.  Self-Help is not to be held liable for any damages, discomfort, or distresses experienced by the BrainSculpt user either during the use of the BrainSculpt products or during any other time. 
  2. Tactile bilateral stimulation (TBS) may aggravate specific medical conditions, including but not limited to headaches or migraines. 
  3. Self-Help is not liable for any changes in medical or physical health conditions following the use of BrainSculpt products. 
  4. The user agrees to not hold Self-Help liable for any medical or mental health condition that occurs following the use of BrainSculpt products or in association with the use of BrainSculpt products. Further, the user agrees to not hold Self-Help liable for any costs associated with the treatment of conditions that onset following the use of BrainSculpt products.
  5. Self-Help makes no guarantees or claims about the use of BrainSculpt products being able to create any particular result or experience for the BrainSculpt user, including but not limited to a decrease in any negative experience or symptom, or an increase in any positive experience. Self-Help makes no claims regarding the effectiveness of BrainSculpt products for any condition. The user engages in BrainSculpt products at their own risk and with the understanding that there is no guarantee of any particular experience or result and that Self-Help will not be liable for any particular experience or result following the use of BrainSculpt products. 
  6. BrainSculpt products are not a form of any type of treatment for any type of medical or mental health condition and do not take the place of any type of treatment for any type of medical or mental health condition.  
  7. Caution should be taken when using BrainSculpt products to enhance a sense of rest and relaxation in that this should only be done in situations in which being in a calm and relaxed state does not cause any physical or mental health risks. In particular, BrainSculpt products should not be used when operating heavy machinery, including while driving. 
  8. Self-Help is not liable for any damages if the user disregards, is unaware of, or does not understand details associated with the user agreement and uses BrainSculpt products in situations when it is advised that they do not. 
  9. Self-Help makes no warranties, claims, or representations for the use or effectiveness of BrainSculpt products or Services in a clinical environment or by any professional, caregiver or medical provider in the providing of medical services or advice of any sort; Self-Help hereby EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON for any injury or harm of any type caused, in any way, by the use of BrainSculpt products or Services by any third-party, including but not limited to professionals, caregivers or medical providers in the providing of medical services or advice of any sort.
  10. You hereby agree that Self-Help cannot determine if the use of our products is appropriate for your particular situation and cannot predict the experience that you will have. You may have reactions to the use of the products that are surprising or unforeseeable to you, which may have unexpected negative side effects or impacts. If you choose to use BrainSculpt products, you hereby acknowledge the risks involved and hereby assume the risk for whatever the outcome is. You acknowledge that you must determine for yourself if the use of BrainSculpt products is indicated in your specific and unique situation and take full responsibility and liability for any impact, either positive or negative, it may have for you.
  1. Assumption of Risk.  It is expressly understood and agreed that you assume all risks as a result of our product and hereby release Self-Help Technologies from all liabilities as a result of using BrainSculpt products.