General Terms and Conditions

1. Who are we?

The name and details of the company offering you the Service can be found in the welcome email sent to you upon subscribing to the Service. In addition, it can be found after logging in to the website brain-metrics.com in the footer of this website, and on the My Account details page on brain-metrics.com/account.

The company offering you the Service is hereinafter referred to as “Company” “We” or “Us”.

2. Our position

2.1 We provide a platform that connects You with a streaming platform provided by Us or by Our third party affiliated.

2.2 No liability will be assumed by Us for interpreting information provided on Our platform, in particular content available on Our platform such as movies, series, games and other content.

3. Definitions

In these General Terms and Conditions and its provisions the following terms shall have the following meaning:

4. Introduction

4.1 We provide a platform that connects You with a streaming platform provided by Us or by a third party affiliated with Us .

4.2 These general terms and conditions apply to every offer made by Us and to every Agreement concluded between You and Us.

4.3 The Agreement will be concluded electronically. Before the Agreement is concluded, the text of these general terms and conditions will be made electronically available to You, in such a way that You can easily store them on a Durable Data Carrier. If this is not reasonably possible, prior to conclusion of the Distance Agreement, it will be indicated where the general terms and conditions will be sent free of charge upon Your request by electronic means or otherwise.

4.4 If You do not agree with these General Terms and Conditions, You are prohibited from using or accessing this website or using any other services provided by Us.

4.5 We reserves the right to review and amend any of these General Terms and Conditions at Our sole discretion. Upon doing so, We will update this page. Any changes to these General Terms and Conditions will take effect after 14 days from the date of publication.

5. Applicability

5.1 These general terms and conditions apply to every offer made by Us and to every Distance Agreement concluded between You and Us.

5.2 Prior to conclusion of the Distance Agreement, the text of these general terms and conditions will be made available to You. If this is not reasonably possible, before the Distance Agreement is concluded, it will be indicated that the general terms and conditions will be sent as soon as possible, free of charge, upon request of You.

5.3 In the event of electronic conclusion of the Distance Agreement, deviating from the previous paragraph and before the Distance Agreement is concluded, the text of these general terms and conditions can be made electronically available to You, in such a way that You can easily store them on a Durable Data Carrier. If this is not reasonably possible, prior to conclusion of the Distance Agreement, it will be indicated where the general terms and conditions will be sent free of charge upon Your request by electronic means or otherwise.

5.4 The latest version of the general terms and conditions can at all times be viewed on Websites of Us.

5.5 In the event that specific Service conditions apply in addition to these general terms and conditions, the second and third paragraphs of the relevant provision apply and You may always rely on the applicable provision that is most favorable for him, in case of conflicting general terms and conditions.

6. Registering for a subscription

6.1 You are obliged to register at Us, by means of creating an Account, before being able to use Our (paid) Services.

6.2 The information collected by Us when creating an Account is necessary for the performance of the Services.

6.3 Upon registration, You are obliged to provide the correct, by Us requested information. If information that is necessary for the performance of the Services change, You inform Us promptly.

6.4 After creating the Account, You select a unique username and password, unless You create an Account by using a third-party login. Passwords and usernames are personal and should not be shared with others.

6.5 We may offer a variety of subscription plans You may register for if You would like to make full use of the Services.

6.6 Our terms or subscription plans may vary, such as in respect of the available content, the subscription period, associated billing cycle as well as the subscription fees. Applicable terms are as mentioned in Our (online) offer. In general, billing cycles for subscriptions start on the day We provided You with access to the Service.

6.7 We may offer You a free trial to experience the Service, to which specific terms may apply. After expiry of such free trial period, the subscription billing cycle will automatically commence unless You have cancelled the subscription prior to this moment – unless mentioned otherwise.

6.8 Subscriptions are concluded for an indefinite period of time, unless offered otherwise. If a fixed period subscription was offered, such subscription will be tacitly renewed with successive terms equal to the initial term, insofar allowed and in accordance with applicable law, and unless You cancel the subscription prior to the moment of renewal.

6.9 We allow a maximum of 5 internet-enabled end-use devices to access the Service at the same time, unless offered otherwise. Any limitations that may apply to the chosen subscription plan are mentioned in the account of You.

7. Passwords and Account Access

7.1 The person who created the account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the account. Details of Your account (e.g., email and/or password) and details of the Payment Method should not be revealed to others.

7.2 You are responsible for updating and maintaining the accuracy of the information You provide to Us relating to Your account.

7.3 We can terminate Your account or place Your account on hold in order to protect You, We or Our partners from identity theft or other fraudulent activity.

8. Offers and Prices

8.1 Our offers contain a complete and accurate description of the services provided. The description is sufficiently detailed to allow a good assessment of the offer by You.

8.2 During the period of validity indicated in the offer, the prices of the Services offered are not increased, subject to price fluctuations due to changes in VAT rates or apparent errors.

8.3 Apparent errors in the offer, including apparent clerical errors, do not bind Us. Expressly mentioned herein are errors in the offer advertised elsewhere than on Our websites, where the information on Our websites is considered guiding at all times. An apparent error is for instance when the offer is of such a low amount that You knew or reasonably should have known that it was an apparent clerical error in the offer.

8.4 In case that You accept the offer with an apparent clerical error or apparent error, You will be immediately informed about this apparent error by email. Furthermore, in this email You will be given a certain period in which You are offered the opportunity to accept the correct offer.

8.5 From time to time We may offer a subscription with a free trial. The duration of the free trial can be for a limited period of time.

8.6 In order to sign up for the free trial You may be required to enter Your billing information. You will not be charged by Us until the free trial has expired. Unless You cancelled Your subscription before the end of the free trial, We will automatically charge Your Payment Method for the applicable subscription fees on the last day of the free trial period.

8.7 At any time and without notice, We reserve the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel such free trial offer.

8.8 We may also offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by Us at Our sole discretion and We reserve the right to revoke an Offer and put Your account on hold in the event that We determine You are not eligible. The eligibility requirements and other limitations and conditions will be disclosed when You sign up for the Offer or in other communications made available to You.

10. Agreement

10.1 The agreement is, subject to the provisions made in paragraph 4, concluded when the Account is registered by You at Us and meets the associated conditions, as determined in article 6 of these conditions.

10.2 If You accept the offer via electronic means, We will immediately confirm receipt of the acceptance of the offer via electronic means.

10.3 If the agreement is established through electronic means, We take appropriate technical and organizational measures to secure the electronic data transfer and will ensure a secure web environment. If You are able to make an electronic transaction, We undertake appropriate safety measures.

10.4 In case We, after conclusion of the agreement, come to knowledge about circumstances which suggests good ground to suspect You not fulfilling your obligation to pay, We may suspend your fulfilment of the agreement, dissolve the agreement or attach special conditions to the implementation of the agreement.

10.5 We provide You together with the Service the following information, in writing or in such a manner that this can be stored in an accessible way by You on a Durable Data Carrier, with:

11. Intellectual Property

11.1 The intellectual property in the materials contained in this website are owned by or licensed to Us and are protected by applicable copyright and trademark law. We grant Your permission to download one copy of the materials for personal, non-commercial transitory use.

11.2 This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if You violate any of these restrictions or the General Terms and Conditions, and may be terminated by Us at any time.

11.3 You are not entitled to multiply and/or disclose the products and results of the Services to third parties, or the information contained therein or otherwise known to him, unless We explicitly authorize this in writing.

11.4 We may implement technical measures to protect the Service and materials from unauthorised changes, use, reproduction or publication. If We have implemented such measures, You may not attempt to remove or circumvent them.

12. Links

12.1 We have not reviewed all of the sites linked to Our Website or Service and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Us of the site. Use of any such linked site is at Your own risk and We strongly advise You to make Your own investigations with respect to the suitability of those sites.

13. Dissolution by You

13.1 After confirmation of the Agreement by Us, You can dissolve the Agreement without any ground, at any time. The dissolution will take effect at the end of the then current billing cycle or after one month from the day of cancellation, whichever moment comes earlier. Dissolutions of subscriptions that are concluded for a fixed time will take effect at the end of the last billing cycle of the applicable subscription period.

13.2 You dissolve the Agreement by giving Us an Unambiguous Statement to that effect, preferable by using the model form through Website or contacting You Service of Us, stating the date on which the dissolution occurs.

13.3 The day on which You have dissolved the Agreement will be the day on which the Unambiguous Statement reached Us.

13.4 The burden of proof lies with You for the correct and timely exercise of the right of dissolution.

14. Dissolution or Alteration by Us

14.1 We can dissolve or alter the agreement without any ground.

14.2 We are not liable for any (further) damage. Only You are liable for any further damage caused by the dissolution or alteration.

15. Liability and Force Majeure

15.1 Except in case of intentional misconduct or deliberate recklessness of Our side, Our liability for breach of the agreement is limited, per damage-causing incident (whereby a series of connected incidents count as a single incident), to the amounts You have paid Us in the two months prior to the damaging event. We are in no event liable for indirect damages, including but not limited to consequential damages, lost profits, missed savings, loss or corruption of data or information or damages through business interruption.

15.2 In case of force majeure, We shall not be required to compensate damages suffered by You as a consequence of the force majeure situation. Force majeure includes, amongst others, disruptions or unavailability of the internet, telecommunication infrastructure, malware or (d)dos attacks, power interruptions, fires and floods.

16. Technical Malfunctions and Change of Content

16.1 We can, for maintenance, adjustment or improvement of its systems, temporarily take Our systems offline. We intend to only take the systems offline during periods in which You are least affected. We are not liable for any damage of You as a result of taking the systems offline.

16.2 If telecommunication facilities are used during the maintenance and support or other Services provided by or on behalf of Us, parties are each responsible for the right decision and timely availability at their side. We are not liable for mutilation, data interception or loss or processing results during the transfer of data with the help of telecommunication facilities.

16.3 We can make the necessary adaptations for the purpose of the functionality or errors. In case We make such adaptations, You will be informed accordingly to the extent possible. You cannot refrain from the adaptations, in case the adaptations are applicable to a group of users. We are not liable for any damage caused by You as a result of the adaptations to the systems.

16.4 We exert its best efforts to minimize the period of decommissioning and the consequences of the adaptation for You. In addition, We intend to give an indication for the duration and nature of the decommissioning or adaptation.

16.5 We reserve the right to change the nature and scope of the Service and the content library from time to time, without prior notice to You being required. However, We aim to inform You where reasonably possible.

17. Service

17.1 You must be at least the age of majority to become a subscriber to the Service.

17.2 The Service and any content accessed through the Service is for Your personal and non-commercial use only and may not be shared with individuals other than those within Your household. During Your subscription We grant You a limited, non-exclusive, non-transferable right to access the Service and the content available through it. Except for the foregoing, no right, title or interest shall be transferred to You. The Service cannot be used for public performances.

17.3 The content that may be available will vary per country and will be updated from time to time. You may access the Service and content primarily within the country in which You have established Your account. Content may not be available in certain countries.

17.4 You agree not to:

17.5 The quality of the display of the content may vary from device to device, and may be affected by a variety of factors, such as Your location, the bandwidth available through and/or speed of Your internet connection. You are responsible for all internet access charges.

17.6 We allow a maximum of 5 internet-enabled end-use devices to access the Service at the same time, unless offered otherwise. Any limitations that may apply to the chosen subscription plan are mentioned in the account of You.

18. More Information and Assistance

18.1 To find more information about Our service and its features, if You need assistance with Your account, please contact We via email at [email protected].

19. Complaints

19.1 We have an adequately known complaints procedure and handle the complaint in accordance with this complaints procedure.

19.2 Complaints about the execution of the agreement must be submitted to Us within 14 days, fully and clearly described, after You have noted the deficiencies. Complaints can be referred to Us by means of an Unambiguous Statement, with respect to the provisions in Article 2 under g of these conditions.

19.3 Complaints submitted to Us are answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, We will respond within the period of 14 days with an acknowledgement of receipt, and an indication when You can expect a more elaborate reply.

19.4 If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.

20. Alterations in the General Terms and Conditions

20.1 We have the authority to alter these general terms and conditions, subscription plan specifics, including associated prices from time to time.

20.2 Alterations will only be binding for You if We have informed You of the alterations to the general terms and conditions, and fourteen days after such notification have passed without You giving Us notice in writing not to agree with the alterations.

20.3 In case You are not willing to agree to the changes, You are authorised to terminate the agreement prior to the date the changes shall take effect and may do so by deleting the account and/or cancelling the paid subscription. Use of the Service after the date mentioned in the notification shall constitute the acceptance of the amended terms and conditions by You.

21. Miscellaneous

21.1 The agreement is governed by the laws of the country where We have Our registered office. In case You entered into the agreement in the capacity of a consumer, the agreement shall not affect Your rights to rely on mandatory provisions of the law of the country in which You are resident.

21.2 Unless provided otherwise by mandatory law, any disputes ensuing from the agreement will be submitted to the competent court in the district where We have Our registered office.

21.3 We are authorised to transfer this agreement and all its rights and obligations arising therefrom to a third party that acquires the business operations to which this agreement is subject, for which We shall not require any further approval from Your side.

21.4 If by judicial decision one or more articles of these conditions are declared invalid, other provisions of these general terms and conditions will remain in full force, and You and Us will enter into consultation in order to agree on new provisions to replace the void or nullified provisions, in which the purpose and intent of the void or voided provision are taken into Account as much as possible.

22. Information Concerning the Exercise of the Right of Withdrawal

22.1 Please note that this section only applies if You acquired access to Our Service as a consumer, in other words, as a natural person who acted for purposes which are outside your trade, business, craft or profession, and provided that applicable law gives You this right of withdrawal.

22.2 You have the right to withdraw from the agreement concluded with Us, without giving any reason. The withdrawal period will expire after 14 days from the day You registered for a subscription plan to Our Service. The withdrawal period commences on the date You have registered for a subscription plan, also if the subscription started with a certain period access free of charge.

22.3 To exercise the right of withdrawal You must inform Us at [email protected] of Your decision to withdraw from the agreement by an unequivocal statement (e.g. letter sent by post, fax or email). You may use the model withdrawal form (see below), but its use is not obligatory. To meet the withdrawal deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of withdrawal before the withdrawal period has expired.

22.4 If You withdraws from the agreement, We shall reimburse to You all payments received from You (if any) without undue delay and in any event not later than 14 days from the day on which We are informed about Your decision to withdraw from the agreement. We will carry out such reimbursement using the same means of payment as You used for initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement.

22.5 If You requested to begin the performance of the service during the withdrawal period, You shall pay We an amount which is in proportion to what has been provided until You have communicated We Your withdrawal from this agreement, in comparison with the full coverage of the agreement.

22.6 The following form can be used by You to invoke Your right of withdrawal. Please complete and return this form only if You wishes to withdraw from the agreement.