Thanks for using our products and services ("Services"). The Services are provided by Mindvivid Limited ("Mindvivid"), located at Unit 612, 6/F, Building 12W, No.12 Science Park West Avenue, Hong Kong Science Park, N.T., Hong Kong.
By using our Services, you are agreeing to these terms. Please read them carefully.
Thank you for using our products and services. You may have to register an account of Brainastic for the use of the application Brainastic and service on mvPortal.
For protecting your Brainastic account, you should not disclose your password to others. If you detect your account or password are being embezzled, please do change your password and contact us immediately for recreating a new account. However, the data from your current account would be cancelled and deleted.
Mindvivid’s Privacy Policies explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Mindvivid can use such data in accordance with our Privacy Policies.
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give Mindvivid (and those we work with) a worldwide licence to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes that we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights that you grant in this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This licence continues even if you stop using our Services.
Our automated systems analyse your content (including training result) to provide you with personally relevant product features, such as customized training games and performance data. This analysis occurs as the content is sent, received and when it is stored. If you have a Brainastic Account, we may display your Profile name, Profile photo and training records on Mindvivid or on third-party applications connected to your Brainastic Account.
We are constantly changing and improving our product and service. 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 would be sorry to see you go. Mindvivid may also stop providing services to you or add or create new limits to our Services at any time.
We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.
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, neither Mindvivid nor its suppliers or distributors 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 warranties.
When permitted by law, Mindvivid will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
To the extent permitted by law, the total liability of Mindvivid and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Services (or, if we choose, to supplying you with the Services again).
In all cases, Mindvivid and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Mindvivid and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
These terms govern the relationship between Mindvivid and you. They do not create any third party beneficiary rights.
If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
For information about how to contact Mindvivid, please visit our contact page www.mindvivid.com or email us at email@example.com.