These Terms and Conditions of Use and Services apply to the relationship between BRAINLify and any natural person of legal age who uses the Site for their personal needs as a consumer (hereinafter referred to as "the Learner").
SKILL WAGON, a limited liability company incorporated in England, registered in the United Kingdom under number 15627219, whose registered office is at 7 Bell Yard, London, WC2A 2 JR, United Kingdom (hereinafter "BRAINLify").
BRAINLify customer support can be contacted for any questions or information:
Acceptance of the GTCS is evidenced by a box to be ticked when creating an account on the Website and/or when subscribing to an offer on the Website. The contract entered into with BRAINLify consists solely of the GTCU and the special terms and conditions mentioned at the time of registration or in the order summary when subscribing to a paying offer. In the absence of express acceptance by BRAINLify, any condition to the contrary on the part of the Learner shall be unenforceable against BRAINLify, regardless of the time at which it may have been brought to BRAINLify's attention.
The terms and expressions identified by a capital letter in the context of the Contract shall have the meanings set out below, whether they are used in the singular or in the plural:
Learner: refers to any adult with the legal capacity to contract who registers on the Site as aconsumer.
GCUS: refers to these General Terms and Conditions of Use and Services.
Personal Account: refers to the Learner's personal account on the Site.
Contract: refers to the General Terms and Conditions of Use and Services as well as the specific terms and conditions mentioned at the time of registration or in the order summary when subscribing to a paying offer.
Discovery offer: €0.50 trial offer valid for 48 hours; if the discovery offer is not cancelled before the end of the 48-hour period, a monthly subscription of €39.90 will automatically be activated.
Premium offers:
Site: refers to the Internet site accessible at the following address: www.brainlify.ai
5.1 - Conditions for creating a Personal Account : Anyone wishing to register on the Site must meet the following conditions:
5.2 - Creation procedure : To create a personal Account, the Learner must visit the Site and complete the mandatory fields in the registration form. Each Learner may only create one profile for their personal account. Once the form required to create the Account has been completed, a confirmation e-mail is sent to the Learner together with these GTUs and :name's confidentiality policy. By validating the creation of his/her personal Account, the Learner :
5.4 - Deletion of the personal Account: The Learner may terminate his registration on the Site at any time by requesting the deletion of his Account from BRAINLify via the messaging system in his Account. Furthermore, BRAINLify may delete the Learner's Account after 3 years of inactivity and under the conditions set out in article 9.2 below. No reimbursement shall be made in the event of deletion of the Learner's Account through no fault of the Learner.
BRAINLify offers learning services including online tests and downloadable PDF courses.
The essential characteristics of the Services and offers are presented on the Site. However, the Learner may ask questions about the characteristics of an offer by sending a request by email to the following address: contact@brainlify.ai
In all cases, it is the responsibility of the Learner to ensure that the Services correspond to his/her needs. No reimbursement or compensation will be made in the event of an error on the part of the Learner.
Some Services are available free of charge. All you have to do is create an account on the Site. The free services include 2 tests (excluding IQ).
The paid services are as follows:
BRAINLify offers two types of premium offers:
In all cases, prices are expressed in euros and include all taxes.
The Learner must carefully read and accept the Terms and Conditions of Use before validating an offer. By validating the subscription to an offer, the Learner expressly declares that he/she accepts the GCUA without restriction or reservation. Before validating their subscription, Learners have the opportunity to check the details of their proposed order and correct any errors. Once this stage has been validated, the Learner will no longer be able to cancel his/her order.
Only the credit cards mentioned on the Site are accepted. The Learner must enter his/her card number, expiry date, the name of the cardholder and the visual cryptogram directly in the area provided for this purpose
The transmission of personal information and bank details is entirely secure, using an encryption process for the transmission of payment data. This encryption ensures a high level of security for transactions. This information is only accessible to the payment service provider so that it can contact the Learner's bank. At no time can BRAINLify or any other third party access the Learner's bank details.
For the Discovery Offer, payment is made immediately and in one go on the day the order is placed by credit card.
For premium Offers, :
In accordance with the provisions of article L.121-28 of the French Consumer Code, the Learner accepts to benefit from the Offer immediately and waives the right to withdraw. Consequently, no request for reimbursement will be accepted.
Services are activated immediately after payment of the subscribed offer.
Test results and downloadable courses are available on the Learner's Account. Only the results of the IQ tests are sent by e-mail to the Learner at the address given when the order was placed.
In the event of any difficulty, the Learner may contact BRAINLify at the following e-mail address: contact@brainlify.ai
BRAINLify undertakes to do its utmost to ensure that the Website is accessible at all times, 24 hours a day and 7 days a week, with the exception of periods of servicing and maintenance as defined below.
The Learner may terminate the subscription on the expiry date, without notice and without giving any reason, depending on the case:
In the event of cancellation by the Learner, it is the Learner's responsibility to go to the "Unsubscribe" section of his/her Account.
After filling in or confirming the required information, the Learner will be taken to a summary page before notifying the cancellation, enabling him/her to check and, if necessary, modify the information provided.
The Learner notifies BRAINLify of the termination of the subscription by activating a function marked "Confirm termination".
In accordance with article L215-1-1 of the French Consumer Code, when the Learner notifies BRAINLify of the termination of his subscription, BRAINLify shall confirm receipt of the notification and inform him, by e-mail and within a reasonable period of time, of the date on which the subscription ends and of the effects of the termination.
If the Contract is not terminated before the end of the current period, the following instalments will be due in full. If the Learner cancels a subscription, he/she may continue to use it until the end of the current subscription period. The subscription will not be renewed at the end of this period.
BRAINLify reserves the right to terminate the Learner's subscription and to close an Account, by sending an email to the Learner, without notice or compensation or reimbursement, in the following cases:
Termination of the Agreement by BRAINLify shall result in the permanent closure of the corresponding Account. BRAINLify may refuse to allow the Learner to open a new account.
In accordance with article D.211-3 of the French Consumer Code, the Learner who is a consumer is informed that he/she benefits from the legal guarantee applicable to digital services under the following conditions:
Consumers have a period of two years from the date of supply of the digital content or digital service in which to bring the legal guarantee of conformity into play if a lack of conformity appears. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity implies an obligation to provide all updates necessary to maintain the conformity of the digital content or service.
The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following his request, at no cost and without any major inconvenience to him.
The consumer may obtain a reduction in price by keeping the digital content or the digital service, or he may terminate the contract by obtaining a full refund in return for relinquishing the digital content or the digital service, if :
1° The professional refuses to bring the digital content or the digital service into conformity;
2° The compliance of the digital content or the digital service is unjustifiably delayed;
3° The digital content or digital service cannot be brought into conformity at no cost to the consumer;
4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;
5° The non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request that the digital content or service be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.
Any period during which the digital content or digital service is unavailable for the purpose of bringing it back into conformity suspends the guarantee that remained until the digital content or digital service was supplied in conformity again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
BRAINLify shall not be liable if the improper performance or non-performance of the obligations arising from the Agreement is attributable either to the Learner, or to the unforeseeable and insurmountable act of a third party to the Agreement, or to a case of Force Majeure as defined in the new article 1218 of the French Civil Code (hereinafter referred to as "Force Majeure").
The Party affected by the Force Majeure must notify the other Party of its occurrence without delay.
In the event of Force Majeure, if the impediment is temporary, performance of the obligation will be suspended unless the resulting delay justifies termination of the contract.
If the impediment is definitive, the contract shall be terminated ipso jure and the parties shall be released from their obligations under the conditions provided for in the new articles 1351 and 1351-1 of the French Civil Code.
In the event that BRAINLify is held liable, it is expressly agreed that it shall only be required to pay compensation for the direct loss that the Learner is required to prove in accordance with the new article 1231-4 of the French Civil Code.
BRAINLify's privacy policy is available on the Site.
All elements of the Website, whether visual or audio, including the name, logo, graphics and underlying technology are protected by intellectual property rights such as copyright, trademark or patent. They are the exclusive property of BRAINLify or its content providers. Any reproduction, representation or re-use, in whole or in part, on any medium whatsoever is prohibited. Failure to comply with this prohibition constitutes an infringement which may incur the civil and criminal liability of the infringer. Any person who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Site, must request prior written authorisation from BRAINLify, without this authorisation being considered as an implicit agreement of affiliation. In all cases, any link must be removed at the request of BRAINLify.
It is forbidden to systematically extract and/or reuse parts of the content of the BRAINLify Website without BRAINLify's prior written authorisation. In particular, it is forbidden to use a data extraction robot or any other similar data collection or extraction tool to extract (on one or more occasions) or re- use a substantial part of the BRAINLify Website without BRAINLify's prior written consent. You may not create and/or publish your own databases containing substantial parts (e.g. prices and offer lists) of the BRAINLify Website without BRAINLify's prior written consent.
If one or more stipulations of the GCUS are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
BRAINLify reserves the right to make changes to its GCU. The Learner shall be informed of such modifications at least 30 calendar days prior to the date on which the new GTUs come into force. If the Learner does not accept these changes, he may terminate his registration on the Site.
In the event of a complaint, the Learner may contact BRAINLify via the message service provided on the Site or at the address indicated in article 2 of the GCUS. Any request will be dealt with within a reasonable period of time.
As a service provider located outside the European Union, BRAINLify is not covered by the French mediation centres or the Online Dispute Resolution platform set up by the European Union.
The GCUS are governed by French law. In the event of translation, the French version shall prevail. BRAINLify does not guarantee compliance with any local legislation that may be applicable when the Learner accesses the Site from countries other than France.