Terms and conditions

The Brain Waves Tech Pvt Ltd applications, software development kit and other software (collectively, the “Software”) that You seek to download from Brain Waves Tech Pvt Ltd website (the “Website”) will enable You to use the Brain Waves Tech Pvt Ltd Cloud Service (“Service”). The Software and Service are intended for use in connection with the BWT 2508 neuroheadset AND Insight. Your use of the Software, Service and Website is subject to the terms and conditions set forth in this Brain Waves Tech Pvt Ltd Terms of Use (“Terms of Use”).

BY CLICKING ON “ACCEPT,” “SIGN UP,” OR EQUIVALENT ACCESS BUTTON, BY INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE OR BY USING THE SERVICE OR WEBSITE, YOU ACCEPT ALL OF THESE TERMS OF USE AND AGREE THAT THESE TERMS OF USE CREATE A LEGALLY BINDING CONTRACT BETWEEN YOU AND Brain Waves Tech Pvt Ltd, INC., AN INCORPORATION, WITH ITS PRINCIPAL PLACE OF BUSINESS AT H.NO. H-2, ABHINAV HOMES ,PHASE-4 EXTN . AYODHYA BY PASS ROAD, BHOPAL ,M.P -462041

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT INSTALL OR USE ALL OR ANY PORTION OF THE SOFTWARE OR USE THE SERVICE OR WEBSITE.

“YOU” OR “YOUR” MEANS THE INDIVIDUAL ACCEPTING THESE TERMS OF USE OR THE COMPANY OR OTHER LEGAL ENTITY FOR WHICH SUCH INDIVIDUAL IS ACCEPTING THESE TERMS OF USE IN ACCORDANCE WITH THE FOLLOWING REQUIREMENTS. IF YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, FOR EXAMPLE YOUR EMPLOYER, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE THAT AUTHORITY, YOU MAY NOT ACCEPT THESE TERMS OF USE OR ACCESS OR USE THE SOFTWARE, SERVICE OR WEBSITE ON BEHALF OF THAT COMPANY OR OTHER LEGAL ENTITY.

YOUR USE OF THE SOFTWARE, SERVICE AND WEBSITE ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR USE IN CONNECTION WITH THE DIAGNOSIS, PREVENTION, TREATMENT, OR CURE OF ANY MEDICAL CONDITION. BRAIN WAVES TECH PVT LTD DOES NOT ENDORSE ANY SUCH USAGE AND DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY SUCH USAGE.

IMPORTANT NOTE REGARDING CHILDREN. USE OF THE SOFTWARE, SERVICE OR WEBSITE BY PERSONS UNDER THE AGE OF 16 IS PROHIBITED. IF YOU ARE UNDER THE AGE OF 16, DO NOT USE THE SOFTWARE, SERVICE OR WEBSITE.

  1. Privacy Policy. Protecting Your privacy is important to BRAIN WAVES TECH PVT LTD . BRAIN WAVES TECH PVT LTD ‘s Privacy Policy can be found on the Website. Please take a moment to review the Privacy Policy. It describes BRAIN WAVES TECH PVT LTD’s collection, use, and disclosure of data and information in connection with Your use of the Software, Service and Website. The Privacy Policy, as it may be updated by BRAIN WAVES TECH PVT LTD from time to time, is incorporated into these Terms of Use.
  2. License. Subject to Your compliance with all of these Terms of Use, BRAIN WAVES TECH PVT LTD  grants You a limited, nonexclusive, non-sub licensable, non-transferable, revocable license to install and use the Software for purposes of accessing and using the Service.
  3. Ownership; Proprietary Rights. According to the terms of use, BRAIN WAVES TECH PVT LTD has full ownership rights to the Software, Service, and Website. These rights include all intellectual property and proprietary rights, as well as all usage and data generated from the use of the Software, Service, and Website. These assets are protected by Indian laws and international treaty provisions.

Except as specifically allowed in the Terms of Use, users are prohibited from engaging in actions such as reverse engineering, decompiling, modifying, copying, transmitting, publishing, or making unauthorized use of the Software, Service, Website, or any other property owned by BRAIN WAVES TECH PVT LTD.

It is also noted that BRAIN WAVES TECH PVT LTD’s products, services, and software, including the Software and Service, are protected by multiple patents, which can be found listed at www.brainwavestech.com/patents/.

  1. Scan Data. As per the terms and conditions, you, as the user, retain ownership of the scan data (EEG data) that is collected by the BWT 2508 Brainwear device and uploaded to the Service via the Software. However, you hereby grant BRAIN WAVES TECH PVT LTD a non-exclusive, fully paid-up, royalty-free, worldwide, perpetual, and irrevocable license to utilize your scan data for various purposes.

Firstly, BRAIN WAVES TECH PVT LTD can use, reproduce, display, transmit, and create derivative works of your scan data for providing the Service to you. This license will remain in effect as long as you maintain your user account with the Service.

Secondly, BRAIN WAVES TECH PVT LTD can distribute your scan data to third parties that you authorize to receive it. These third parties could include research programs, studies, or other entities.

Thirdly, BRAIN WAVES TECH PVT LTD can utilize your scan data, including creating derivative metrics and data, in any media formats and channels where it is aggregated with data from other Service users, as long as you are not personally identifiable.

Lastly, BRAIN WAVES TECH PVT LTD can use, reproduce, display, transmit, distribute, perform, and exploit your scan data for scientific purposes.

It is important to note that BRAIN WAVES TECH PVT LTD is the sole owner of any information, derivative metrics, and data that it adds to your scan data, such as event timing markers and translational and/or predictive algorithms.

  1. Third Party Programs. According to the terms and conditions, the Software and Service may provide you with the option to participate in research and other studies or programs related to scan data conducted by third parties, such as your employer or the entity conducting the research, study, or program. If you choose to participate, BRAIN WAVES TECH PVT LTD will disclose your personal information, including your scan data relating to your participation, to the relevant third party.

Third parties may offer you compensation for your participation in these research studies or programs. You should note that BRAIN WAVES TECH PVT LTD only facilitates the transfer of information about the research studies or programs, the transfer of your personal information to the third parties, and the payment of compensation between you and the third parties. BRAIN WAVES TECH PVT LTD does not conduct the research studies or programs or control the actions of the third parties. BRAIN WAVES TECH PVT LTD is not liable for any payments made to you by third parties and has no liability to you regarding your participation.

It is important to note that third-party research, studies, and programs may be subject to additional terms and conditions required by the third party. BRAIN WAVES TECH PVT LTD recommends that you review and ensure that you agree with any such terms and conditions before deciding to participate in any third-party research, studies, or programs.

  1. Third Party Software. This section of the agreement states that if you choose to access any Third Party Software, you authorize BRAIN WAVES TECH PVT LTD to share certain portions of your personal information, including scan data, with the Third Party Software provider, based on the terms and conditions of the license agreement between BRAIN WAVES TECH PVT LTD and that provider. If the Third Party Software provider fails to comply with the terms and conditions of the license agreement, BRAIN WAVES TECH PVT LTD has the right to stop sharing your personal information with that provider, which may cause the Third Party Software to stop functioning properly. The term “Third Party Software” refers to software developed by a third party using BRAIN WAVES TECH PVT LTD’s software development kit, which relies on your scan data to function, including enterprise, consumer, and free software applications.
  2. Third Party Information. The Service may allow you to submit scan data and other personal and non-personal information of third parties, such as that of your employees, friends, and research or study participants. However, you must confirm that you have obtained informed written consent from such third parties to share this information with BRAIN WAVES TECH PVT LTD, and to allow BRAIN WAVES TECH PVT LTD to use and disclose this third-party information to you and others in the same manner as your information under these Terms of Use. Additionally, you must ensure that appropriate safeguards and enforceable rights and effective legal remedies are in place for such third parties who have provided you or BRAIN WAVES TECH PVT LTD with personal information.
  3. Prohibited Uses of the Service. This section outlines the acceptable use of the Service and the responsibilities of the user. You are prohibited from using the Service for any unlawful or fraudulent purpose and must comply with these Terms of Use. You are also prohibited from using the Service in any way that may damage, disable, overburden, or impair the Service or interfere with other users’ use of the Service. Additionally, you cannot attempt to obtain any information or materials through any means that are not intentionally made available through the Service. Finally, you cannot access the user account or scan data of any other Service user without the authorization of BRAIN WAVES TECH PVT LTD.
  4. Our Communications with You. You agree to receive electronic communications from BRAIN WAVES TECH PVT LTD. These communications may be sent to you via email or posted on the Service. By accepting these terms, you acknowledge that all communications, including agreements, notices, disclosures, and other information sent by BRAIN WAVES TECH PVT LTD electronically satisfy any legal requirements that such communications be in writing.
  5. Discussion Groups. BRAIN WAVES TECH PVT LTD allows users to post messages on the Website through discussion groups and community forums. The author of each message is solely responsible for the content and opinions expressed in that message. Posting a message on the Website does not imply endorsement or approval by BRAIN WAVES TECH PVT LTD or verification of its accuracy, completeness, legality, or usefulness. You agree to defend, indemnify, and hold harmless BRAIN WAVES TECH PVT LTD, its affiliates, and their directors, officers, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses arising from any messages You post on the Website. While BRAIN WAVES TECH PVT LTD does not regularly monitor discussion groups or community forums, it may remove or delete any message from the Website at any time without prior notice, in its sole discretion. You may report any objectionable message to BRAIN WAVES TECH PVT LTD at contact@brainwavestech.com.
  6. Termination. If you wish to end these Terms of Use, you can do so at any time by deleting all copies of the Software you have and canceling your user account and discontinuing all use of the Website. BRAIN WAVES TECH PVT LTD, on the other hand, can terminate these Terms of Use, your user account, and/or your use of the Service and access to the Website at any time and for any reason, without prior notice. If BRAIN WAVES TECH PVT LTD discontinues providing all or part of the Service, Software, or Website, they will not be held liable to you or any third party. Upon termination of these Terms of Use, you agree to delete all copies of the Software in your possession or control. However, certain sections of these Terms of Use, including Sections 4, 5, 8, 10, 11, and 13, will survive termination.
  7. Children. The use of the Service and Website is intended only for individuals who are at least 16 years old. By agreeing to these Terms of Use, You confirm that You meet the minimum age requirement and warrant that You are at least 16 years old.
  8. Changes. BRAIN WAVES TECH PVT LTD may revise these Terms of Use at any time without prior notice by updating this page. By continuing to access or use the Service, Software or Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You must stop using the Service, Software or Website and cancel Your account by contacting BRAIN WAVES TECH PVT LTD . It is Your responsibility to review these Terms of Use periodically.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT INSTALL OR USE ALL OR ANY PORTION OF THE SOFTWARE OR USE THE SERVICE OR WEBSITE.

Last Updated January 25, 2022