Last Updated: July 24, 2018
1. CBS Platforms
CBS makes available the following Platforms, which are accessible to users with an active User Account (as defined below) for the applicable Platform:
(a) health.cambridgebrainsciences.com, designed to provide health and wellness providers with the ability to quantify and track a client’s cognition through administering tests in key cognitive domains such as memory, reasoning and concentration;
(b) legal.cambridgebrainsciences.com, designed to provide lawyers with the ability to quickly and conveniently quantify a client’s executive function;
(c) research.cambridgebrainsciences.com, designed for research and commercial-focused use in connection with the controlled assessment and analysis of cognitive function in targeted groups; and
(d) brainlabs.me, designed to enable users to test their cognition, track it over time, and compare their results to other users.
2. Permitted Use
The Platforms and services related thereto are provided solely for the administration of certain tests made available by us (and for the provision of any related information that we may prompt for or request) with the objective of generating a profile of cognitive abilities through the Platform on the basis of such test results and related information.
Where the Platforms are made available to you by any authorized third party, including a health care practitioner or legal advisor (each, a “Third Party Provider”), the Platforms and services related thereto are provided to: (a) enable you to access tests of cognition, attentional control and deductive reasoning, and any resulting data; and (b) enable such Third Party Provider that has obtained rights to use the Platform and who has granted you access to the Services to collect, store, use and access your information for the purpose of assessing your cognitive or executive function.
3. Ownership; Limited License
CBS may collect and analyze User Data that is not Personal Information in a non-identifiable manner relating to the provision, use and performance of the Services (collectively, “De-Identified Data”). You grant to CBS a non-exclusive, royalty-free, irrevocable, fully paid-up, perpetual, sublicensable, transferrable and worldwide right to reproduce, modify, update, perform, create compilations, aggregations, enhancements, adaptations, translations or derivative works from or on the basis of, process, develop, access, collect, store, sell, exploit, resell, distribute, provide, transfer and use all De-Identified Data, including for CBS to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CBS offerings.
4. User Account
In order to use the Platforms, you may (as determined by us in our sole discretion; in each case, the account or records associated with your use of the Services and activities thereon, the “User Account”, and the login credentials or personalized link (as applicable), the “User ID”): (a) be required to successfully sign up for a User Account using the available interfaces on the Platforms; (b) be issued a username and password login credentials by us; or (c) receive a personalized link to access the Platforms. Where Services are made available to you by a Third Party Provider, you may also receive direct access to the Platforms from such Third Party Provider.
If you sign up for a User Account or are issued with a User ID:
(i) you will keep your User ID secure and will not share your User ID with anyone else;
(ii) you will be the sole user of the User Account;
(iii) you will not provide anyone else with access to your User Account for any reason; and
(iv) you will not use the Services to access, harvest, collect or otherwise obtain any Personal
Information in respect of anyone else.
5. Term and Termination; User Account Suspension
Either party may terminate your User Account and your use of any Services as follows: (A) we may terminate your User Account at any time and with immediate effect by giving notice to you, at our discretion, by email (at your current email address on file with us) or through the Platforms; (B) you may terminate your User Account at any time and with immediate effect by requesting (by email or through any then-available interfaces on the Platforms) that your User Account be deleted and ceasing use of the Services. We reserve the right to suspend, limit, downgrade, deactivate, disable, or replace any User Account at any time in our sole discretion and without any notice to you.
6. Additional Terms for Paid Platform Subscriptions
Certain Platforms require payment and can only be accessed after payment is made (“Paid Platform Subscriptions”). The Paid Platform Subscriptions are subject to the following additional terms:
(a) Payment. By using a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use your payment method and that you authorize us (or our third-party payment processor, such as Stripe Payments Canada Ltd.) to charge your payment method for the total amount of your order, including any applicable taxes and other charges. If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update the payment information associated with your order, you can do so at any time through your User Account.
(b) Sales Tax. If applicable, we calculate and charges sales tax in accordance with applicable laws.
(c) Recurring Billing. Payment for the Paid Platform Subscriptions can be made either on an annual basis or a monthly basis. By subscribing to the Paid Platform Subscriptions and providing or designating a payment method, you authorize us to charge the applicable monthly or annual subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Paid Platform Subscriptions, to the chosen payment method.
(i) If you have chosen to be billed monthly (the “Monthly Plan”), you acknowledge that the amount billed each month may vary from month to month (i.e., as a result of promotional offers or discounts), and you authorize us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges.
(ii) If you have chosen to be billed annually (the “Annual Plan”), you acknowledge that the amount billed each year may vary from year to year (i.e., as a result of promotional offers or discounts), and you authorize us to charge your payment method for such varying amounts, which may be billed annually in one or more charges.
(d) Subscription Cancellation. You can cancel Monthly Plans and Annual Plans at any time through your User Account. If you cancel your Monthly Plan or Annual Plan, you will enjoy your subscription benefits until the end of the then-current billing period.
(e) Refunds. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED MONTHS OF THE PAID PLATFORM SUBSCRIPTIONS.
(i) If you cancel a Monthly Plan, you will continue to have access to the applicable Paid Platform Subscription through the end of your then-current billing period. For example, if your billing period started on January 10th and ended February 10th, and you made a request to cancel the Paid Platform Subscription on January 15th, you would continue to have access to such Paid Platform Subscription until February 10th. You would not receive any refund or credit for the period between the date when you made your request to cancel the Paid Platform Subscription and the end of the then-current billing period.
(ii) If you cancel an Annual Plan, you will receive a prorated refund of the annual subscription fee for the unused portion of the then-current billing period. The prorated refund will be calculated based on the number of full months remaining in such billing period, and no refunds will be given for partially-used months. For example, if your billing period started on January 10th and you made a request to cancel the Paid Platform Subscription on January 15th, you would continue to have access to such Paid Platform Subscription until February 10th, and would receive a refund for the time encompassing February 11th to the date that is one year following the commencement of your billing period. Because the implied monthly subscription fee of an Annual Plan is discounted, we reserve the right to charge you full monthly subscription fees (in accordance with the then-current fees for Monthly Plans) for the months you did use if you fail to maintain your subscription for the full year.
(iii) At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
(f) Requests for Credit Card Information. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Platform and not through a hyperlink in an email or any other electronic communication, even if it looks official. CBS reserves the right to place any User Account on hold at any time, with or without notification to you, in order to protect itself and its partners from what it believes to be fraudulent activity. CBS is not obligated to provide a refund or credit you if your User Account is placed on hold.
8. Use Restrictions
(b) sub-license, sell, rent, lend, lease or distribute the Services or any intellectual property rights therein or otherwise make the Services available to others;
(c) use the Services to permit timesharing, service bureau use or commercially exploit the Services;
(d) modify or attempt to modify the Services;
(e) reverse engineer, reverse assemble, de-compile or disassemble the Services, or any part thereof;
(f) remove or obscure any proprietary notices or labels on the Services, including brand, copyright, trademark and patent or patent pending notices;
(g) use the Services for the purpose of building a similar or competitive product or service;
(h) copy, imitate, reproduce, or republish the Services or any Content in any form or in any way, in whole or in part, including through any scraping, without the express prior written consent of CBS;
(i) use the Services to do anything unlawful, misleading, malicious, obscene, or discriminatory;
(j) do anything that could disable, overburden, or impair the proper working of the Services, such as a denial of service attack or disabling security features; or
9. Third-Party Links
The Services may provide links to third-party websites or applications. These links are provided solely for your convenience and for the convenience of other users of the Services. We do not endorse the information, products, or services described on those websites or applications; or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantable quality, merchantability, or fitness for any purpose. The content in any linked website or application is not under our control, and if you choose to access any such website or application, you do so entirely at your own risk.
The downloading and viewing of any Content is done at your own risk. We cannot and do not guarantee or warrant that the Services or the Content are compatible with your computer system or that the Services or the Content, or any links from the Services or the Content, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Services.
11. Internet Security Disclaimer
You consent to CBS’s collection, storage, use, and disclosure of User Data as contemplated hereunder, which will involve transmission over the Internet and over various networks, only part of which may be owned or operated by CBS. You acknowledge and understand that User Data may be accessed by unauthorized persons when communicated across the Internet, network communications facilities or other electronic means. CBS is not responsible for any User Data that is delayed, lost, destroyed, altered, intercepted or stored during the transmission of such content across network infrastructure not owned or operated by CBS, including the Internet, third party websites or your local networks. You agree that CBS is not in any way responsible for any interference with your use of the Services or security breaches arising from or attributable to such network infrastructure and, to the fullest extent permitted by law, you waive any and all claims against CBS in connection therewith.
12. Warranty; Disclaimer
You represent and warrant to, and covenant with, CBS that you have all consents or other authority required under applicable laws (including privacy laws) with respect to the User Data (including, for greater certainty, Personal Information) provided through the Services to enable CBS to provide the Services, including with respect to the collection, storage, access, use, disclosure and transmission of the User Data (including, for greater certainty, Personal Information), including by or to CBS and to a Third Party Provider, as applicable.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, THE SERVICES (OR ANY PART THEREOF), AND ANY OTHER PRODUCTS AND SERVICES PROVIDED BY CBS TO YOU, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. CBS HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CBS DOES NOT WARRANT THAT THE SERVICES (OR ANY PART THEREOF) WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, OR THAT ALL ERRORS CAN OR WILL BE CORRECTED.
13. Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, DO NOT PERMIT THE LIMITATION OF LIABILITY IN CONSUMER CONTRACTS, AND AS A RESULT THE CONTENTS OF THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You will defend, indemnify and hold harmless CBS and all of our officers, directors, affiliates, employees, agents, contractors, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, brought in connection with or as a result of:
(b) your violation of any applicable law or the rights of a third party (including privacy or intellectual property rights);
(c) your use of the Services (or any part thereof);
(d) any User Data; or
(e) your misrepresentation, criminal behaviour, gross negligence, or wilful misconduct.
15. Applicable Law
You will only use the Services and the Content in jurisdictions where the Services and the Content may lawfully be used.
17. General Provisions
18. Contact Us