Terms & Conditions

1.0 Definitions

2.0 Notice

The Web site and its non user generated content is owned by BlueSix Pty Ltd (BlueSix). BlueSix does not take ownership of content created by its users. This Terms and Conditions is an agreement between Customer and BlueSix and applies to Customer's account(s) with BrainCog. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. BlueSix may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers

3.0 Back-Up Files

BlueSix will make every reasonable effort to protect and backup data for registered Users on a regular basis, however BlueSix does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, users are solely responsible for independent backup of data stored on BrainCog website.

3.1 Content

All content added to BrainCog is held until your account is closed, by you or BrainCog. Content that is set to be shared to the public will stay on brain-cog.com unless we remove it. Any content you do not want shared with the public, must not be set to 'shared' within the brain-cog.com website. If content on BrainCog is set to be shared, users who make a copy of this shared content become owners of their copy of the content. All content is set as 'Private' by default and is not shared. Any content can be removed by BlueSix at any time. All test content/questions/answers and comments added to BrainCog are the responsibility of the user adding them. BlueSix will endeavor to remove any content which is deemed offensive and inappropriate.

4.0 Uptime

BlueSix cannot guarantee 100% uptime, but does make every effort to keep maximum uptime. BlueSix takes no responsibility of events caused by any type of computer virus, hackers, server failure and the like.

5.0 You warrant that:-

6.0 We are not liable to you or any other person for:-

6.1 You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:-

Suspension and Termination of Service

7.0 We may from time to time without notice suspend the Service or disconnect or deny access to your Service:-

7.1 BlueSix may without notice to you remove, amend or alter your data upon being made aware of:-

7.2 We may end our agreement with you and cease providing Services for any reason immediately.

8.0 Billing

BrainCog offers a free, full service trial account. Credit packs require payment. BrainCog may change prices or institute new charges for any services or features on brain-cog.com at any time. We reserve the right to disable trial accounts at any time. All pricing changes will be posted on the brain-cog.com site, and such postings shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so you have notice of such changes.

8.1 Monthly Credits

Yearly plans that use a monthly Credit limit will have their Credit limit reset on the day of the month the account was paid for (early morning EST) while the plan is within the subscription period. If an account was paid on or after the 28th of any given month, Credits will be reset on the 28th of each following month while the plan is within the subscription period.

8.2 Refunds

Unfortunately we do not give refunds.

9.0 Advertising

We do not display third-party advertising on the website

11.0 General

11.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

11.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.

11.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.

11.4 These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.

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