Terms of use

By visiting, accessing, or using Brain.FM’s website and products, you signify that you have the right, authority and capacity to enter into this Agreement, that you have read and understand this Agreement, and that YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

Introduction

These terms (the “Terms”) together with the applicable Privacy Policy (collectively the "Agreement") sets out the terms and conditions governing visits, access and use of the Brain.FM website, products, services, desktop and mobile applications (“Products”) by the end user ("you").
The Services are provided by Brain.FM, Inc., and its affiliated entities, its present, former and future parents, predecessors, successors, assignees, subsidiaries, owners, officers and directors (whether acting in such capacity or individually), agents and attorneys (collectively, ”Brain.FM,” "we" “us” and/or “our”). You may contact us at: Brain.FM – Customer Support, Brain.fm 144 North 7th Street, Ste # 525 Brooklyn, NY 11249; or by email at support@brain.fm

Brain.FM reserves the right to update the Agreement from time to time to reflect any changes: (i) in our policies or relevant laws and regulatory requirements; (ii) to the functionality of the Products; or (iii) imposed on us by any third party suppliers. The latest Terms will appear on our website with the date that the Terms and/or Privacy Policy were updated. It is your responsibility to check the Agreement periodically for changes. Your continued use of the Services following changes means that you accept and agree to the changes.

Prerequisites for acess to the service

You need access to the internet in order to use the Products, and any cost for accessing the internet shall be paid by you. This also applies when using the Products via mobile phone, tablet, or other personal device capable of internet connection. If you use the Products via mobile telephone you should familiarize yourself with applicable data transfer costs for your mobile carrier plan. Brain.FM does not have any responsibility or liability for data transfer costs you may incur when using the Services. If accessing the Services from a desktop computer, the Services require Windows 7 (or later) or OS x 10.8 (or later), and a compatible web browser verson (we do not support Internet Explorer 10 or lower). The Services are currently compatible with Android and iOS smartphones and tablets. The Services require a device, running iOS 10.0 (or later) or Android 5+ (or later) with available memory. We cannot guarantee that the Services will work with all devices.

  1. It is your responsibility to ensure that you are able to comply with the relevant system requirements described above. We accept no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). Access to parts or all of the Products may be restricted from time to time to allow for repairs, maintenance or updating.

  2. You may not use the Products in any way that is fraudulent or illegal or is expressly prohibited by these Terms. By using the Services you promise to us that you accept these Terms and that you are 18 years of age or over. If Brain.FM reasonably believes that you have not told us your true age, we may suspend your use of the Products until you have provided us with acceptable proof of age. If you are a parent or guardian and believe Brain.FM may have inadvertently collected personal information from your child, please notify us immediately by sending an email to: support@brain.fm detailing the basis of your belief and your request.


  3. The Service requires you to register and create accounts for validation. You agree to (a) provide accurate, current and complete information as prompted by any registration forms on the Services; (b) maintain and promptly update such information and any other information provided to Brain.FM, to keep it accurate, current and complete; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of your account and for any actions that take place using your account.


  4. Brain.FM reserves the right to suspend or remove your account or prohibit your use of the Services, without prior notice and without responsibility or liability to you, if we believe there may have been a breach of security or your account or if activities occur on your account that we believe breach these Terms or the Agreement.