Terms & Conditions

1.1. Welcome to the brainzome website. The following terms and conditions (hereinafter referred to as “Terms and Conditions”) form part of the agreement between you and Brainzome Technolabs (hereinafter referred to as “Brainzome”, “we”, “our” or “us”), the operator of a platform that gives you, (hereinafter referred to as “you”, “your” or “User”), access to our free health companion. Our health companion offers many features such as the following: symptom checker together with personalized health information, symptom tracking functionality, and access to our medical database (“Medical Library”) powered by Brainzome’s unique artificial intelligence system.

1.2. The health companion is available as an app for free download via your mobile device (hereinafter called the “Brainzome App”), and (when and where available) via our web-based application (hereinafter called the “Website”). The Website and the Brainzome App, including any software or other technology the Website and the Brainzome App are respectively based upon, are hereinafter called the “Brainzome Platform”.

PLEASE NOTE THAT THE BRAINZOME PLATFORM DOES NOT MAKE ANY MEDICAL DIAGNOSES. PLEASE SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. IN CASE OF AN EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES IMMEDIATELY. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ OR HEARD IN THE BRAINZOME PLATFORM.

1.3. The Brainzome Platform is operated by Brainzome Technolabs, a firm founded in India and registered under The Indian Partnership Act, 1932 (commercial register number GUJBVN00939, with its registered office at 144, Aradhana Soc, Bharatnagar, Bhavnagar, India.)

1.4. If you wish to contact us, please email our Customer Service team at hello@Brainzome.com.

1.5. You must be at least 16 years old if you wish to use the Brainzome Platform. If you are under 18 years old, usage of the Brainzome Platform and your agreement to these Terms and Conditions require the consent of your legal guardian.

1.6. Your use of the full functionality of the Brainzome Platform requires your agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access any part of the Brainzome Platform.

1.7. Contract languages are English and Hindi.

This Privacy Policy applies to any personal data processed by Brainzome Technolabs (GUJBVN00939), with its registered office at 144, Aradhana Soc, Bharatnagar, Bhavnagar, India, being the data controller (as defined under relevant Article of “ITA-2000”) of all processing activities in connection with the Services.

Questions, comments and requests regarding this Privacy Policy are welcome and should be addressed to info@Brainzome.com.

2.1. These Terms and Conditions apply to the use of the Brainzome Platform and contain the terms governing your use of the Brainzome Platform. It is important that you have read and understood the present Terms and Conditions in conjunction with our Privacy Policy before using the Brainzome Platform. If you have difficulty understanding any aspect of these documents, please contact us at info@Brainzome.com and we can explain what it means for you.

2.2. You may only set up a User account on the Brainzome Platform if you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not create a User account on the Brainzome Platform.

3.1 Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is immensely important to us. For that reason, any of your Personal Data generated by the use of the Brainzome Platform will only be collected, stored and processed by us in compliance with The Information Technology Act of October 17th, 2000 (“ITA-2000”). Please read our Privacy Policy to understand how, and for what purposes, we collect and use your information to provide you with the best possible service.

3.2 You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use data, which we have anonymized in line with applicable data protection law, in any manner, whether currently known or unknown. You acknowledge and accept that we own all right, title and interest in and to any data derived by us from such anonymized data.

4.1 The Brainzome Platform offers Users the opportunity to find out what might potentially be causing their respective health issues. The Brainzome Platform compares the User’s health issues with scientifically adopted signs & symptoms of various diseases with having similar or nearby similar presentation, and suggests possible causes for the given symptoms (hereinafter referred to as the “Symptoms checker”).

4.2. The Website and Brainzome App are provided free of charge, and you are allowed to run an unlimited number of self-assessments through Symptoms checker.

4.3. Please be aware that we provide the Brainzome Platform solely for information purposes. It is not a medical consultation. The Brainzome Platform is not a suitable substitute for medical advice obtained from your doctor, general practitioner or other health service provider.

4.4. The Brainzome Platform does NOT provide diagnoses for medical conditions, nor does it prescribe how you are to treat any medical issues you may have. This can only be done by consulting a medical professional (such as a general practitioner).

4.5. Ultimately, if you do have any medical issues related to the information that you entered into the Brainzome Platform, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.

5.1. Before using the Brainzome App, you will first need an Apple ID or a Google account. You can then download the Brainzome App from the Apple App Store or Google Play Store (hereinafter referred to, either individually or collectively, as “App Store”) to your mobile device or tablet. You may also be able to access the Brainzome Platform directly via the web-based application.

5.2. After downloading the Brainzome App (or accessing the web-based application on our Website) you can register with the Brainzome Platform by setting up a User account with a username and password (hereinafter referred to as “User Account”). Registration constitutes a binding offer of the User to be bound by these Terms and Conditions. We may (but are not obliged to) accept this offer by enabling access to the Brainzome Platform for the first time via the User Account. We will send you confirmation of registration electronically.

5.3 We will save the contractual text of the agreed Terms and Conditions. Beyond this, we do not assume any obligation with regard to the availability of the agreed terms to the User.

5.4 We advise our Users to only use ‘strong’ passwords for their User Account (strong passwords are passwords consisting of a combination of numbers, both upper- and lower-case letters, and symbols). When you register your User Account or provide us with other information, you are also declaring that the information provided to us is correct and complete. In the event of any change in the information later on, you declare that you will promptly notify us of such changes by updating the information.

5.5. It may be possible to login to the Brainzome Platform via an account you hold with a third-party service provider (such as Facebook). If you connect to the Brainzome Platform through such a third-party service provider, you also grant us access to the use of certain information you have provided to that service provider (e.g. name, date of birth, email address, phone number), if and to the extent permitted by that service provider’s terms and conditions and our Privacy Policy.

5.6. You are responsible for maintaining the confidentiality of your login information and any activity in your User Account. Should you have the suspicion that your User Account may have been misused, you agree to inform us of this immediately by emailing info@Brainzome.com.

6.1. The Brainzome Platform and all materials and content contained therein are our property or the property of the persons who have granted us the applicable licence (this also applies to the third-party software listed in the Brainzome App). We grant you the right to use these materials and content, but only for the purposes of using the Brainzome Platform as your health companion, for you personally or on behalf of another person. If you use the Brainzome Platform for another person, you remain fully responsible for ensuring that the use on behalf of that person is permitted under privacy and other applicable legal requirements. In particular, you are obliged to collect applicable consent from that person and inform them about our Terms and Conditions and Privacy Policy.

6.2. We grant you the right to personally access and use the Brainzome Platform. You are prohibited to transfer this right to anyone else, or to sell, give away or transfer your User Account to anyone else. Your right to access the Brainzome Platform does not preclude us granting other persons the right to access the Brainzome Platform.

6.3. Your right to use the name “Brainzome” or any trademarks, logos, domain names or other characteristic trademarks whatsoever is limited to the scope defined in these Terms and Conditions.

6.4. In return for your warranty to comply with these Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, personalized, non-exclusive, revocable right to use Brainzome website and download the Brainzome App to your device or to access the Website under the conditions set forth in these Terms and Conditions or the privacy policy, or under any terms applying to the App Store you may have downloaded the Brainzome App from.

6.5. As the User, unless such behaviours are appropriately permitted in accordance with these Terms and Conditions or unless permitted under mandatory copyright law where necessary for the use of the Brainzome Platform in accordance with its intended purpose and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following:

1. You, the User, agree not to replicate or copy the Brainzome Platform, either in whole or in part.
2. You, the User, agree not to sell or otherwise make available the Brainzome Platform, either in whole or in part, to anyone else.
3. You, the User, agree not to modify the Brainzome Platform, in whole or in part, in any way whatsoever.
4. You, the User, warrant that you will not attempt to discover or access the source code of the Brainzome Platform, in whole or in part, unless it has been expressly published by us and released into the public domain.

6.7. You are aware that we, and/or the persons who have granted us a licence in this respect, are entitled to any confidential information, rights of use, of exploitation and of recovery – and any other intellectual property rights fully or partially existing – regarding the Brainzome Platform.

7.1. In addition to the other provisions in these Terms and Conditions, this section defines certain regulations relating to the use of the Brainzome Platform (hereinafter referred to as “Regulations”).

7.2. The following is a list of activities that are prohibited in the context of using the Brainzome Platform. You are prohibited to:

1. Circumvent, disable, or otherwise manipulate any of the Brainzome Platform’s security features or any features preventing or restricting the use or copying of the content that is available via the Brainzome Platform,
2. Create multiple User Accounts on the Brainzome Platform (however, as far as the Brainzome Platform functionality allows it, you may link your social networks or other accounts supported by us with the User account on the Brainzome Platform),
3. Provide false or misleading information in the User Account details,
4. Allow anyone else to use the Brainzome Platform on your behalf or in your place,
5. Use the Brainzome Platform if we have temporarily suspended your right of use, or forbidden you to continue using it,
6. Send junk mail, spam or repeated messages,
7. Act in any unlawful or illegal manner,
8. Modify, interfere with, hack or disrupt the Brainzome Platform, or to intercept messages,
9. Misuse the Brainzome Platform or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm the Brainzome Platform or any other user of the Brainzome Platform equipment,
10. Extract data from the Brainzome Platform except as permitted under these Terms and Conditions,
11. Post or contribute any abusive, threatening, obscene, misleading, untruthful, offensive or abusive content, or content that contains any form of nudity or violence, and
12. Enter information or comments about any third-party without the consent of the third-party concerned.

7.3. The non-compliance with the Regulations listed in paragraph 7.2 represents a material breach of these Terms and Conditions, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:

1. The immediate, temporary suspension or permanent withdrawal of the right to access the Brainzome Platform,
2. A warning being sent to you,
3. Initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees), and moreover
4. Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary.

7.4. The reaction to a breach of agreement committed by you is not limited to the actions described in the preceding paragraph 7.3, i.e. we are entitled to take any further action in accordance with these Terms and Conditions and/or statutory law.

8.1. In the event that you feel that you can no longer agree to the present Terms and Conditions or the Privacy Policy, at any time, you agree to stop using the Brainzome Platform immediately.

8.2. You are entitled to stop using the Brainzome Platform at any time and to terminate your agreement with Brainzome, including if you do not agree with the changes to the Brainzome Platform or these Terms and Conditions we proposed. Please follow the instructions on the Brainzome Platform to deactivate your User Account. If you access the Brainzome Platform via the Brainzome App, you can delete your User Account via the settings menu.

8.3. If we choose to terminate your agreement with us we will provide you with two weeks‘ notice.

8.4 Either party’s right to terminate the agreement for cause remains unaffected. Cause that entitles us to terminate the agreement may be, in particular but not exclusively, your violation of the material contractual provisions (in particular paragraph 7.2) and if, due to external circumstances, it can be assumed that you are making improper use of our services. If good reason exists, we are furthermore authorised to block your access to the Brainzome Platform, without any notice, and provided that no other less severe measure is effective.

8.5. If you or we deactivate your User Account as described in this paragraph or withdraw your right to access the Brainzome Platform, we will delete any Personal Data stored about you in accordance with our Privacy Policy (and as stipulated in the applicable statutory provisions), provided that our rights to use such data in anonymized form pursuant to section 3.2 remains unaffected. You also lose the right previously granted to you to access the Brainzome Platform.

9.1. Any information on the symptoms stated by you that is made available to you in text form via the Brainzome Platform – as a statement made, or by inference, as defined in “ITA-2000”– is for information purposes only. The information is made available by Brainzome as is, without warranty, guarantee or representation of any kind.

9.2. You should not take any action based on the information provided in the Brainzome Platform without consulting a doctor or other medical professional first.

9.3. Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use the Brainzome Platform at all times without any interruption and without delay or faults, and that the Brainzome Platform will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of the Brainzome Platform in these present Terms and Conditions. We expressly exclude any strict liability that may be applied by enforcement of law due to defects of the Brainzome Platform existing at the time the agreement on the use of the Brainzome Platform between you and us was concluded.

9.4. Should you incur any damage through the use of the Brainzome Platform, we may only be held liable for intent and gross negligence. We may furthermore be held liable for the negligent breach of material contractual obligations, which must be met in order for this agreement to even be properly executed, and the violation of which will jeopardize the purpose of the agreement and which you, the User, should in regular cases be able to trust will be fulfilled. In the latter case, we may however only be held liable for calculable damages. We may not be held liable for violation by simple negligence of any obligations other than those specified in the preceding sentences. The foregoing exclusions of liability do not apply to violations causing death or personal injury and any liability under the Consumer Protection Act, 2019.

10.1. If, and to the extent that, our Brainzome Platform contains links to other websites or resources operated by third parties, these links are to be deemed as being provided for your information only.

10.2. We are unable to influence the content of such websites or resources provided by third parties, and we may not be held liable for the content of information or websites linked included in frames. We may not be held liable for any financial or physical damages that you may incur as a result of, or in connection with, the use of such websites or resources.

10.3. You understand that the availability of the Brainzome App is dependent on the third-party where you downloaded the Brainzome App (the App Store). You are aware that these Terms and Conditions apply to the contractual relationship between you and Brainzome, not to your contractual relationship with the App Store.

11.1. We are constantly updating and improving the Brainzome Platform. We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviours and the way in which people use the internet.

11.2. We reserve the right to change a specific aspect of a specific feature by updating the Brainzome Platform, resetting that feature and suspending the service or support for that feature. These changes may affect your activities on the Brainzome Platform. Changes may include the removal, modification or reset of the features you use. We will inform you of the changes and your rights in the case of changes by separate notification, to the extent you have signed up for such notifications (see paragraph 12.3.).

11.3. Updates may be released from time to time by us or via the App Store where you downloaded the Brainzome App. From time to time, to be able to use the Brainzome Platform, it may be necessary for you to update third-party software.

12.1. We have the right to amend, adapt or supplement the present Terms and Conditions from time to time. The current version of the Terms and Conditions can be found on our Website (Brainzome.com).

12.2. Any changes to these Terms and Conditions will usually be the result of new features being added to the Brainzome Platform, or of changes in the legislation or applicable Regulations.

12.3. We will contact you to notify you of any changes or additions to these Terms and Conditions and the documents referred to in these Terms and Conditions at least 30 calendar days before any changes or additions to these Terms and Conditions take effect. If you do not object within 30 days of receipt of notice, such changes and additions will be regarded as effective and agreed upon from the deadline onward. We will inform you of your right of objection and the consequences of the objection in our notice of changes to the Terms and Conditions. If, in the event of your objection to the amendment within the agreed timeframe, it is legally, economically or technically unreasonable for us to continue the provision of the Brainzome Platform, we are entitled to terminate the agreement no earlier than the effective date of the amendment set forth in the notification. Any other right of termination remains unaffected.

between you and us

The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.

14.1. Our headquarters are located in India. The agreement concluded on the basis of these Terms and Conditions is subject to the laws of the Republic of India. Without prejudice to the above choice of jurisdiction, in the case of agreements between traders and consumers, the provisions of the law of the country in which the consumer is habitually resident and which – under the law of that country – may not be derogated from, may be applied in favour of the consumer if the trader:

1. pursues his/her commercial or professional activities in the country of the consumer’s habitual residence, or
2. such activities are in any way directed at that country or at several countries including that country,

and the agreement falls within the scope of such activities.

14.2. The courts of India have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of the Brainzome Platform.

15.1. You consent to us communicating with you by electronic means (such as by email or other form of text as defined in “ITA-2000”).

15.2. We may send you notices electronically to the email address you provided at the time you signed up for the Brainzome Platform, or via other electronic means on the Brainzome Platform when available.

15.3. The failure to enforce our rights must not be construed as a waiver of such rights.

15.4. Should any provision in these Terms and Conditions be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.

15.5. Only the contracting party itself has the right to enforce contractual provisions.

If you would like to contact us in regard to the present Terms and Conditions or any other document mentioned in them, please email us at info@Brainzome.com.