TERMS OF USE

The service “Superbrains” is offered to you by the company Super Brains B.V. The following conditions are attached to the use of Superbrains. By using Superbrains, you agree to these.

Deviations from or additions to these general terms and conditions are only binding if accepted in writing by Super Brains B.V.

Terms/Definitions

For the purposes of this license, the following definitions shall apply:

1. 1. User: A user of Superbrains without a treatment agreement with a healthcare provider
   2. Service User: A user of Superbrains as part of a healthcare or treatment agreement with a healthcare provider
   3. Loved one: A person (family, friend or partner) who can view the data in Superbrains at the request of a User or Service User. The User or Service User determines what information the loved one has access to.
   4. Coach: A coach assists a Service User in the use of Superbrains. The relationship between a coach and Service User arises as a result of a treatment agreement with a Healthcare Provider.
   5. Practitioner: A practitioner assists a Service User in the use of Superbrains. The relationship between a coach and a Service User arises as a result of a treatment agreement with a Healthcare Provider.
   6. Buddy: A buddy assists a User or Service User in the use of Superbrains. A User or Service User chooses a Buddy while using Superbrains.
   7. Healthcare Provider: A healthcare provider uses Superbrains to provide mental care. To this end, it concludes a treatment agreement with a Service User. With Superbrains, the Healthcare Provider supplies the Service User with its own healthcare service.
   8. Platform Superbrains: A Digital platform for and by people with ADHD and other mental disorders. The platform consists of an app, a website and content and serves as support and treatment for ADHD and other patients. The Superbrains Website and app contain the same functionalities and content.
   9. Content: content is provided by content suppliers. These can be Doctor Brains, a Practitioner or Coach, and a Buddy.
      1. Doctor Brains: Doctor Brains is an animation robot that assists users in the use of Superbrains. He shares with them his knowledge and expertise. Superbrains is responsible for the knowledge and skills of Doktor Brains. Doktor Brains derives its knowledge from domain experts in the field of ADHD and mental disorders.
      2. Practitioner and Coach: A practitioner is a person who shares knowledge with Service Users. Superbrains is not responsible for the knowledge and skills of this coach. The coach is employed by a healthcare provider.
      3. Buddy: A Buddy is an experience expert who provides answers to questions from Users and Service Users. Superbrains is not responsible for the information provided by the Buddy. 

 

• Versions:

1. Basic: Basic is available as an entry-level version. The basic content and functionality of Superbrains is available in this version. It is not possible to establish a relationship with a coach or practitioner in this version. Also, it is not possible to use:
   • Chat and video calling
   • OTP
   • 250 Premium Tools
   • Coaching Step-by-step plan
2. Premium: Premium is the extended version of Superbrains. The Service User can use all the content and functionality of Superbrains, including establishing a relationship with a coach and practitioner. Premium also includes support for File creation and Data sharing. The Premium version can be used free of charge for a maximum of 14 days to orient on usability of Superbrains and the subscription by a user.

 

Article 1 Use of the service
1.1 In order to use Superbrains, you must first register. After your registration is complete, you can immediately log into your account and use the service.

1.2 You must protect access to your account against unauthorized persons by means of a user name and password. In particular, you must keep your password strictly confidential. Super Brains B.V. may assume that everything that happens from your account after logging in with your user name and password, happens under your direction and supervision. You are therefore liable for all these actions, unless you have notified Super Brains B.V. that someone else knows your password.

1.3 Your personal data is processed with Superbrains. You consent to all forms of processing that fall within the scope of the service. Please consult the privacy statement of Superbrains B.V. for more information.

Article 2 Usage Rules

2.1 It is prohibited to use Superbrains for acts that violate Dutch or other applicable laws and regulations. This includes storing or distributing, through the service, information that is libelous, defamatory or racist.

2.2 In addition, it is forbidden at Superbrains to:

• Use indecent language;
• Post information in places where it is undesirable (offtopic);- Distribute information that is pornographic or erotic (even if it is legal in itself);
• Disseminate information in violation of copyrights, or provide hyperlinks to such information;
• Assiste others in violating the rights of third parties, such as by linking to hacking tools or explanations of computer crime that are apparently intended to enable the reader to (do) commit the described criminal conduct and not to be able to defend themselves against it;
• Violate the privacy of third parties, for example, by distributing personal data of third-parties without consent or necessity or by repeatedly harassing third parties with communications they do not want;
• Use for commercial purposes;
• And further to do all that is contrary to netiquette.

2.3 If Super Brains B.V. finds that you are in violation of any of the above terms, or receives a complaint about it, Super Brains B.V. may take action to terminate the violation itself.

2.4 If in the opinion of Super Brains B.V. any hindrance, damage or other danger occurs to the functioning of the computer systems or the network of Super Brains B.V. or third parties and/or the provision of services via the Internet, in particular due to the excessive sending of e-mail or other data, leakage of personal data or activities of viruses, Trojans and similar software, Super Brains B.V. is entitled to take all measures it reasonably considers necessary to avert or prevent this danger.

2.5 Super Brains B.V. is at all times entitled to report any criminal offence that is discovered.

2.6 Super Brains B.V. may recover from you any damages resulting from violations of these rules of conduct. You will indemnify Super Brains B.V. of all third-party claims related to information posted by you.

 

Article 3 Availability and maintenance

3.1 Super Brains B.V. makes every effort to make the service available, but does not guarantee uninterrupted availability.

3.2 Super Brains B.V. actively maintains Superbrains. If maintenance is expected to lead to a limitation in availability, Super Brains B.V. will perform this during the night hours (between 23:00 and 07:00). Maintenance will be announced in advance if possible. Maintenance in connection with calamities can take place at any time and will not be announced in advance.

3.3 Super Brains B.V. may change the functionality of Superbrains from time to time. We welcome your feedback and suggestions, but ultimately Super Brains B.V. decides which changes it will make. Super Brains B.V. will give at least thirty days’ notice of any changes it intends to make.

Artikel 4 Intellectueel eigendom

4.1 The Superbrains platform, the accompanying software and the content are the intellectual property of Super Brains B.V. These may not be copied or used in any way without separate written permission of Super Brains B.V., except in cases where this is legally permitted.

4.2 Information that you publish or store through the service is and remains your property (or that of your suppliers). Super Brains B.V. has a limited right to use this information for the Service.

4.3 You may revoke this right of use by deleting the relevant information and/or terminating the agreement.

4.4 It is not possible to modify or delete information after it has been posted.

4.5 If you send information to Super Brains B.V., for example feedback about an error or a suggestion for improvement, you give it an unlimited and perpetual right to use this information for the service. This does not apply to information you explicitly mark as confidential.

4.6 Super Brains B.V. will not take cognizance of any private data you store and/or disseminate through Super Brains, unless this is necessary for the proper provision of services or Super Brains B.V. is required to do so by virtue of a legal provision or court order. In that case Super Brains B.V. will do its utmost to limit the access to the data as much as possible, as far as this lies within its power.

 

Artikel 5 Subscriptions

5.1 Superbrains account holders may access Superbrains in two ways:

1. Free (“Superbrains Basis”): a free-of-charge program, which gives unlimited access to the basics  

features and content of Superbrains.

2. Paid Subscription (“Superbrains Premium”): a subscription fee-based program, which gives access to all content including and beyond the “Basis” offering. You will only have access to Superbrains Premium while your subscription is active and subsisting. You may have access to a free trial period of Superbrains Premium in accordance with certain promotional offers. You may access Superbrains Premium in the following ways: by purchasing a subscription to the Products from the Website, within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them. Additionally, you may receive access to Superbrains Premium via your Community (as defined and further outlined in section 2.8 below). In such instance, you may still be required to provide Your payment information in order to access Superbrains Premium.

5.2 You may access Superbrains Premium via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. Each subscription period has a 14-days free trial period, which give unlimited access to ten days of Superbrains Premium.

5.3 Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Superbrains is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section (the “Payment Method”). The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until cancelled. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

5.4 Our “Yearly” subscription is paid for by an upfront payment with automatic annual renewals. You acknowledge and agree that Superbrains is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the non-discounted renewal subscription fee(s). You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

5.5 You agree to promptly notify Superbrains of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

5.6 In the course of your use of the Products, Superbrains and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to Superbrains and Superbrains’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.

5.7 Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through Superbrains for commercial purposes

 5.8 “Gift Subscriptions” are pre-paid memberships to the Products. A person who purchases the gift is referred to in these terms as the “Giftor”. A person who receives and redeems a Gift Subscription to the Products is referred to in these terms as the “Recipient”. Gift subscriptions are paid for by a one-time upfront payment. Once bought, the Giftor will receive an Order confirmation and receipt. The Superbrains gift subscription will be sent to the Recipient on the Giftor’s specified date. Gifting codes can only be used once in the country for which they were purchased and cannot be redeemed for cash, resold or combined with any other offers, including free trial. Please note that gifting codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscription that are not redeemed. Superbrains will notify the Recipient prior to the end of the Gift Subscription that the gift period is about to expire. Superbrains is not responsible if a Gift Subscription is lost, stolen or used without permission.

5.9 CORPORATE AND OTHER CONSUMER COMMUNITIES: Many consumer communities (corporations, universities, hospitals, etc.) (“Community” or “Communities”) purchase and introduce the Products to their employees and members. In some cases, these Communities may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage or supplementary payment for Superbrains Premium access. In such event, these Community terms and conditions shall also apply to your use of the Products. In the event of any conflict with such additional terms and these Terms, the additional terms shall prevail.

5.10 Changing fees and charges: We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

5.11 Cancellation by you

5.11.1 You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting our website or emailing support@superbrains.nl.

5.11.2 You may cancel a Yearly subscription plan at any time. Cancellation is effective at the end of the applicable annual period. Additionally, our Yearly subscription plan is offered with a 30-day money back guarantee, which entitles you to a full refund upon cancellation and emailing support@superbrains.nl to request a refund. Such refund requests must be made within the first 30 calendar days from your first date of payment. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee. No such refunds will apply to subsequent renewals of the Yearly subscription or subscriptions purchased through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application.

5.11.3 Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by cancelling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

5.12 Cancellation by us: We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.

5.13 Promotion and discount code: Any promotion code or offer (including the Special Discount Pricing Options) provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. No promotion code or discount will apply to corporate or other Community subscriptions. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the non-discounted rate for the type of subscription purchased.

Article 6 Liability

6.1 Except in cases of intent or gross negligence, Super Brains B.V.’s liability is limited to the amount you paid for the three months preceding the moment of the damaging event.

6.2 Super Brains B.V. is explicitly not liable for indirect damages, consequential damages, lost profits, missed savings and damage due to business interruption.

6.3 A condition for the creation of any right to compensation is that you report the damage in writing to Super Brains B.V. within two months after discovery at the latest.

6.4 In case of force majeure Super Brains B.V. shall never be held to compensate you for any damage caused by this. Force majeure includes failures or malfunctions of the Internet, telecommunications infrastructure, power failures, civil unrest, mobilization, war, obstruction in transport, strikes, lockouts, business disturbances, stagnation in supply, fire and flooding.

6.5 Superbrains is not liable for incorrect content posted by a Coach, a Practitioner or a Buddy.

Article 7 Changes in prices and conditions

7.1 Super Brains B.V. may amend these terms and conditions as well as the prices at any time.

7.2 Super Brains B.V. will announce the changes or additions at least thirty days before they take effect via the Service so that you can take note of them.

7.3 If you do not wish to accept a change or addition, you may terminate the agreement until the date of entry into force. Use of the service after the effective date constitutes acceptance of the amended or supplemented conditions.

 
Article 8 Other provisions

8.1 Dutch law applies to this agreement.

8.2 Insofar as the rules of mandatory law do not prescribe otherwise, all disputes in connection with Superbrains shall be submitted to the competent Dutch court for the district in which Super Brains B.V. has its registered office.

8.3 If a provision of these Terms of Use requires that a communication must be made “in writing,” it shall also be satisfied if the communication is made by e-mail or communication through the service, provided it is sufficiently established that the message actually originated from the purported sender and that the integrity of the message has not been compromised.

8.4 The version of communication or information as stored by Super Brains B.V. is deemed to be accurate unless you provide evidence to the contrary.

8.5 If any provision in these Terms of Use proves to be invalid, this shall not affect the validity of the entire Terms of Use. In this case the parties will adopt (a) new provision(s) by way of replacement, which will give shape to the intention of the original provision as much as is legally possible.

8.6 Super Brains B.V. is entitled to transfer its rights and obligations under the agreement to a third party that takes over Superbrains or the relevant business activity from it.

Terms of use Superbrains

Version January 27, 2021