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Terms & Conditions Of Use

1. Introduction

Welcome to Brainnwave.

This page tells you the terms on which: (i) you may use any of our websites including www.brainnwave.com and any subdomains we may offer from time to time (collectively “the site”); or (ii) have access to any services (“Services”) we may offer (such as data feeds or our API), whether as a guest or registered user. Please read carefully before use.
By using the site or the Services, you accept these terms and agree to obey them. If you do not accept them, please do not use the site or any of our Services.

2. Who We Are

www.brainnwave.com is operated by Brainn Wave Technologies Limited (doing business as Brainnwave), a limited company registered in Jersey under company number 119307.
Our registered office is at The Le Gallais Building. 54 Bath Street, St Helier. JE1 1FW. Jersey.

3. Use of the Site

You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

You agree to follow our Acceptable Use Policy at www.brainnwave.com/legal/acceptable-use.
If you are accessing the site on behalf of a business, then such usage will be deemed to be usage of that business and we will hold that business liable on an indemnity basis for all costs incurred (including legal costs) or claims made against us as a result of that usage or any failure to abide by these terms. If you permit other persons to access the site or use our Services, then you must ensure that they read these terms and conditions and abide by them.

Only use the site or our Services as allowed by law and these terms. If you do not, we may suspend your usage, or stop it completely.

If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

We are constantly changing and improving the site and our Services but we do not have to do this and material you access may be out-of-date. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services at any time.

No material on the site is intended to contain advice, and you should not rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.

You must not reverse engineer the algorithms used by the site or probe the site for vulnerabilities.

We follow our Privacy Policy in handling information about you. You can read our policy at www.brainnwave.com/legal/privacy-policy.
By using the site, you agree to us handling this information and confirm that data you provide is accurate.

4. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs).

We do not make any ownership claims as regards intellectual property rights in data or content that you make available to third parties on the site but you do license us to use such data or content to improve our site and the Services.

Accessing the site or using our Services does not give you ownership of any intellectual property rights comprised within the site or in our Services or the content you access. You may not use content from the site or our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos displayed on the site or used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.

If you breach these terms, you lose your right to use the site, and must destroy or return any copies you have made.

5. Third Party Content

Brainnwave enables you to access data published on the internet and will on occasion display content that it does not own. Brainnwave therefore makes no claim to own the data it accesses or caches. Brainnwave works hard to respect copyright. If you believe this site is indexing your copyrighted data and you would rather it not do so, you may submit a take-down request at www.brainnwave.com/legal/take-down-request.
The content on the site is the sole responsibility of the entity that makes it available. If Brainnwave reviews content it will only be for the purpose of determining whether that content is illegal or violates Brainnwave’s policies. In such cases Brainnwave may remove or refuse to display content that it reasonably believes violates its policies or the law.

6. Our Legal Responsibility to You

We do not guarantee the accuracy of material on the site. As far as legally possible, we exclude legal responsibility for the following:

Any loss to you arising from use of the site.

Loss of income, profit, business, data, contracts, goodwill or savings.

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We do not exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

7. Your Content

If you contact other users of the site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You can read this policy at www.brainnwave.com/legal/acceptable-use. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.

We will not be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it does not follow our acceptable use policy.

8. Computer Offences

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You must not try to get access to the site or server or any connected database or make any ‘attack’ on the site. You must not modify, adapt, hack, attempt to undermine or violate the security of the site. We will not be legally responsible to you for any damage from viruses or other harmful material that you pick up via the site.

9. Links to the Site

You are allowed to make a legal link to our website’s homepage from your website if the content on the site meets the standards of our acceptable use policy. We can end this permission at any time.

You must not suggest any endorsement by us or association with us unless we agree in writing.

10. Links from the Site

Links from the site to other sites are only for information. We do not accept responsibility for other sites or any loss you suffer from using them.

11. Variation

We are constantly changing and improving the site and services. We may add, change, suspend, stop, or remove: functionalities, features, and services.

We may change these terms at any time and you must check them regularly for changes because they are binding on you. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

12. Trade Mark

Brainn Wave and the Brainn Wave logo are trade marks registered in the European Union and The United States of America.

13. Applicable Law

The courts of England and Wales have the only right to hear claims related to the site, and all disputes are governed by English law.

14. Contact Us

Please email us at legal@brainnwave.com to contact us about any issues.

15. Communication

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

16. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NONE OF BRAINNWAVE, OR ITS RELATED ENTITIES MAKES ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.

17. Liability for our Services

AS STATED IN SECTION 6 ABOVE TO THE EXTENT PERMITTED BY LAW, BRAINNWAVE, AND ANY RELATED ENTITIES, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, OR CONSEQUENTIAL, DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BRAINNWAVE, AND ANY RELATED ENTITIES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

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