Effective as of February 6, 2019
1. Intellectual property
1.1 Any Intellectual Property Rights in the Website(s) or the Service(s) are and remain with the WorldBrainWave company. WorldBrainWave owns or has the right to use all intellectual property rights (including, without limitation, copyright, database rights, design rights, patents, trademarks and logos) in and to WorldBrainWave, our Website(s) and the material, documents, information and Service(s) that WorldBrainWave provides to you.
1.2 The Resultal® name and logo is a registred trademark of WorldBrainWave (registered under trademark number 1404309, BOIP). The WorldBrainwave® name and logo is a registered trademark (registered under trademark number 1381656, BOIP), and property of WorldBrainWave (G.P.). Other trademarks, names and logos on the Website(s) are the property of their respective owners.
2.3. If you are entering the Agreement on behalf of a person, company, organization or institution, then you must ensure you have all required permission and authority to do so. If you do not have such permission or authority, you must not use the Service(s) of WorldBrainWave.
3.1 You may only use the Service(s) of WorldBrainWave once you have completed registration and account set up. You must ensure the information you provide to WorldBrainWave at registration is accurate and that you promptly update WorldBrainWave if it changes. If you do not provide accurate information, then you may be liable to pay additional charges to WorldBrainWave or WorldBrainWave may terminate your use of the Service(s) of WorldBrainWave.
3.2. You agree to pay all applicable fees related to your use of the Website(s) and our Service(s). WorldBrainWave may suspend or terminate your account and/or access to our Service(s) and/or the Website(s) if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed.
3.3. By providing a payment method, you expressly authorizes WorldBrainWave to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized Service(s).
3.4. WorldBrainWave understands that you might cancel your account, but please know that WorldBrainWave will not provide any refund(s) and you will be responsible for paying any balance due on the account. To make things less complicated, you agree that WorldBrainWave may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.
3.6. Only persons (individuals or legal entities) who are legally entitled under their own laws to validly enter into contract may become User(s). Our Service(s) is/ are available for the age of 16. WorldBrainWave does not knowingly collect personal information (“Personal Information”) from anyone under the age of 16. If you are under 16, please do not attempt to attend studies or send any personal information about yourself to us.
3.7. If WorldBrainWave learns that WorldBrainWave has collected Personal Information from a child under age 16, WorldBrainWave will delete that information promptly. WorldBrainWave does advice supervision (such a tutor or parental guidance) for anyone under the age of 18 (‘minors’). If you are a tutor, parent or guardian and you are aware that a pupil, student or (your) child has provided WorldBrainWave with Personal Information, please contact WorldBrainWave. If WorldBrainWave becomes aware that WorldBrainWave has collected Personal Information from minors without verification of tutor of parental consent, WorldBrainWave takes steps to remove that information from our servers.
3.8. Any account may be used by one person only; your account is a single User license. It is not allowed to share your account with other Users. WorldBrainWave can never be held responsible for any loss or damage caused by anyone else who uses your WorldBrainWave account and/or using your password.
3.9. You are responsible for maintaining the security of your account with the Service(s), and you are fully responsible for all activities that occur under that account. You will immediately notify WorldBrainWave of any unauthorized uses of your account or any other breaches of security. You may not use the Service(s) for any illegal or unauthorized purpose.
4. Duration and charges
4.1. Your subscription to the Service(s) of WorldBrainWave will begin when you complete the registration process, accept our general terms and conditions and paid the subscription fee. Your subscription will continue for one year or ends when you reached the maximum of 550 Participants. If you reach the limit of 550, you have to re-order a new subscription, meeting the same conditions and time period as indicated above. WorldBrainWave does not provide Participants.
4.2. After your first logon onto our Service(s) you accept the immediate commencement of delivery and waive your right of withdrawal.
5. Using our Service(s)
5.1. Any Service(s) is provided ‘as is’ and ‘with all faults’, including the quality and performance of the Service(s).
5.2. Once you have paid the charges, WorldBrainWave grants you a non-exclusive right to access and use the Service(s) of WorldBrainWave to plan, design and carry out online surveys, tests and experiments. You may not use the Service(s) of WorldBrainWave for other purposes, see also ‘Acceptable use.’ If you do so WorldBrainWave can terminate your subscription to the Service(s) of WorldBrainWave.
6. Acceptable use
6.1. You may only use the Service(s) of WorldBrainWave for research purposes.
6.2. You may not use the Service(s) of WorldBrainWave:
a. For commercially promoting or (re)selling (legal or illegal) products. It is also not allowed to use the Service(s) of WorldBrainWave for lottery or gambling purposes;
b. In any way that violates any applicable local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
c. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
d. To stalk, harass, or harm another individual;
e. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
f. To knowingly transmit any data, or send or upload any material, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt any part of the Service(s) of WorldBrainWave.
7. Fair usage (Fair Use Policy)
7.1. You agree not to do anything that interferes with or compromises the proper working of the Service(s) of WorldBrainWave or places an unreasonable load on our systems or infrastructure. WorldBrainWave does not place any limits on the volume of data that you can upload onto the Service(s) of WorldBrainWave provided that you upload the amount and format/size of files you need for your research, and you do not upload volumes that WorldBrainWave (at our sole discretion) consider unreasonable.
7.2. WorldBrainWave will notify you if WorldBrainWave considers the volumes of data you have uploaded to be unreasonable and WorldBrainWave will give you the option to reduce your data volumes or pay extra for our reasonable data storage costs. If you do not comply with one of the options WorldBrainWave provides to you within the period WorldBrainWave specifies then WorldBrainWave may terminate your subscription to the Service(s) of WorldBrainWave.
7.3. WorldBrainWave does not issue refunds for our Service(s) once the order is confirmed and access is provided. WorldBrainWave recommends contacting WorldBrainWave by email if you experience any issues using our Service(s). You acknowledge that, by agreeing our Terms when ordering your subscription to the Service(s) of WorldBrainWave, and completed the registration process and paid the subscription fee, you lose your right of withdrawal.
8. User Content
8.1. Any material, Content, information, whether protected by copyright or not generated, posted or used by a User on the Website(s) or through use of the Service(s) falls completely under User’s liability and control, and is not generated by WorldBrainWave.
8.3. You are solely responsible for the Content and for ensuring that you have all rights and permissions necessary to use and upload the Content and that the Content complies with all applicable law and, determined in our sole discretion, is not threatening, libellous, obscene, defamatory, pornographic, inflammatory, offensive, discriminatory, promoting of any illegal activity, threatening, abusive or otherwise unlawful and objectionable, or infringes or is alleged to infringe any party’s intellectual property rights or the Agreement.
8.4. If the Content contains aversive stimuli or similar material it is your responsibility to secure all necessary approvals to use such Content in research that you conduct using WorldBrainWave. WorldBrainWave may, but has no obligation to, without liability to you, remove any Content that does not comply with these requirements.
8.5. By making Content available, you represent and warrant that: the use of the Content will not infringe any third party rights, including but not limited to intellectual property rights (defined in the Agreement as rights of exclusive or restrictive use, such as patents, designs, models, drawings, copyrights, software rights, database rights, trade marks, servicemarks, know-how, trade secrets, web domain names, trade names (all whether registered or not, and including any applications thereto)) and in general all rights of a same or similar nature, anywhere in the world including all extensions, reversions, revivals and renewals thereof.
8.6. If your employer has intellectual property rights to Content, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content.
8.7. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to your Participants any required terms.
8.8. You understand that, as a result of the processing and transmission of your Content by the Service(s), your Content may be transferred unencrypted. WorldBrainWave does not claim ownership over any Content, but by uploading or using such Content, you provide WorldBrainWave an unlimited, royalty-free, fully paid-up, worldwide, assignable, irrevocable and perpetual (for at least the duration of any Intellectual Property Right therein) license to use such Content for the purpose of improving our Service(s).
8.9. WorldBrainWave is not responsible for your Content or for its use or effects. By operating the Service(s), WorldBrainWave does not represent or imply that it endorses the Content created or shared by Users of the Service(s), or that it believes such Content to be accurate, useful or non-harmful.
9. Data Protection and privacy
9.1 You agree that when using our web/cloud-based tool you are acting as a 'controller' and WorldBrainWave as 'processor' in relation to any personal data uploaded onto WorldBrainWave. WorldBrainWave will only use any such personal data as necessary to comply with the obligations under the Agreement or as you instruct WorldBrainWave. WorldBrainWave will put in place appropriate technical and organizational security measures in respect of such data.
9.4 Where you are referring a colleague to WorldBrainWave , you are responsible for collecting your colleague's express prior consent to receive communications by email from WorldBrainWave regarding our Service(s) and you agree that you will provide WorldBrainWave with a copy or details of such consent at any time, comprising the full name of the colleague and their email address together with the date they gave consent to receive such emails from WorldBrainWave to their email address.
9.5. Once data is copied or downloaded from the site(s), the User is fully responsible for the data. WorldBrainWave can never be held responsible and/or liable for any damages caused by using our Service(s).
10.1. You are solely responsible for ensuring that you and your Participants comply with all laws, regulations, guidelines, and codes of practice, General Data Protection Rules (GDPR) relating to your use and access of the Service(s) of WorldBrainWave and for complying with any relevant requirements of your company, organisation and/or institution.
10.2. If you or your company, organisation or institution have in place or are otherwise subject to any code of ethics, regulatory guidelines or any other codes or practices then you are solely responsible for ensuring that your use of the Service(s) of WorldBrainWave is fully compliant with any such requirements.
11. Consultancy and Design Service(s)
11.1 When carrying out consultancy Service(s) in relation to the Service(s) of WorldBrainWave, WorldBrainWave shall:
a. Use the professional skill, care and diligence which may reasonably be expected of a qualified and competent professional experienced in the provision of Service(s) of similar scope and standard to those required under the Agreement;
b. Comply with all orders, regulations, directives, standards, or codes of practice from time to time in force relevant to the Service(s).
11.2. However, you are solely responsible for implementing and testing any deliverables arising from consultancy Service(s). Until accepted by you, any deliverables are licensed for evaluation and debugging purposes only. Once accepted, you are licensed to use the deliverables, but WorldBrainWave accepts no responsibility for any defects, either new or existing.
12.1. WorldBrainWave warrants to you that WorldBrainWave will provide the functionality and Service(s) described on our website and that WorldBrainWave will endeavour to provide the Service(s) of WorldBrainWave and any related Service(s) WorldBrainWave may offer with all due care and skill. All other warranties, whether express, implied or statutory, are excluded to the fullest extent permitted by law.
12.2. WorldBrainWave does not represent or warrant that the Service(s) of WorldBrainWave will always be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and equipment and for undertaking reasonable precautions to scan for computer viruses or other destructive properties.
12.3. WorldBrainWave makes no representations or warranties regarding the compatibility or performance of any third-party hardware or software that may be used in connection with WorldBrainWave.
12.4. The results you generate will depend on a number of factors including the Content you uploaded, the accuracy of your research and the efficiency of the Participants. WorldBrainWave makes no commitment as to the quality, accuracy or completeness of the results you generate from your use of WorldBrainWave.
13.1. You are entitled to close your account with WorldBrainWave at any time. WorldBrainWave may terminate your subscription to the Service(s) of WorldBrainWave and your right to access and use WorldBrainWave at any time and without notice if you do not comply with any of the terms of the Agreement including, without limitation, the provisions relating to Acceptable Use and Content.
13.2. Where WorldBrainWave terminates the Agreement, you will not be entitled to any refund of amounts you have paid. You are also responsible for paying any balance due on your account. To make things less complicated, you agree that WorldBrainWave may charge any unpaid fees to your provided payment method and/or send you a bill for such unpaid fees.
13.3. WorldBrainWave will give you a reasonable opportunity to download your Content. When the Agreement terminates or is cancelled then your right to use and access WorldBrainWave will also come to an end.
13.4. Clauses ‘Agreement’, ‘Duration and Charges’, ‘Intellectual property’, ‘Fair Usage’, ‘Changes’, and ‘General’ shall survive termination of expiry of the Agreement together with any other provisions which by their nature are intended to survive. Termination or expiry of the Agreement will not relieve WorldBrainWave or you from any obligation or liability that has accrued prior to such termination or expiry.
14.1. You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Agreement without our prior written consent.
14.2. WorldBrainWave will not be in breach of the Agreement or liable to you to the extent that WorldBrainWave is prevented or delayed in performing obligations to you by any event beyond our reasonable control (including acts of God, war, riot, civil commotion, fire, flood, or storm). WorldBrainWave can never be held responsible and/or liable for any damages caused by using the Service(s).
14.3. The Agreement and any issues, disputes or claims arising out of or in connection with it (whether contractual or non-contractual) shall be governed by Dutch Law. All disputes or claims arising out of or relating to the Agreement shall be subject to the exclusive jurisdiction of the Dutch Courts.
15. Disclaimer of warranties
15.1. Any Service(s) is provided ‘as is’ and ‘with all faults’, including the quality and performance of the Service(s). WorldBrainWave and its suppliers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
15.2. Neither WorldBrainWave nor its suppliers, makes any warranty that the Service(s) will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain or use Content or Service(s) at your own discretion and risk. You acknowledge that WorldBrainWave acts as a “mere conduit”, and has no obligation to verify in any systematic or other way any Content or use of the Service(s) by another User.
15.3. You represents and warrants that you have the necessary rights to any Content used or uploaded, and that such Content will not infringe any third party intellectual property right or other right or interest.
15.4. You will indemnify, defend and hold harmless WorldBrainWave and will keep it indemnified for and against any liabilities, claims and expenses, including attorney’s fees, that arise from any claim from any third party (including, for the avoidance of doubt, any other User) that any action or omission to act (including but not limited to the posting or offering of any Content), any breach of the Agreement or in general any other act or omission to act by such User or anyone acting on its behalf for use of the Site and Service(s).
16. Limitation of Liability
16.1. In general, WorldBrainWave can never be held responsible and/or liable for any damages caused by using our Service(s).
16.2. To the fullest extent permissible under applicable law, WorldBrainWave will have no liability, and any User waives any claim, based on the Website(s), its performance and functions, the Service(s) provided thereon, any Content used, or any transaction, Service(s) or functionality transacted or made available through the Website(s)or the Service(s).
16.3. WorldBrainWave will never be liable for any breakdown of the Website(s), interruption or malfunction of the Service(s) provided through the Website(s), or any other malfunction or technical issues related to the operation of the Website(s).
16.4. WorldBrainWave will never be responsible for any links to third party websites, or any other connection to or interaction with third party materials or functionality.
16.5. Users specifically waive any liability of WorldBrainWave for any Content used on the Site or through the Service(s), or any action or omission from any Participant.
16.6. Under no circumstances will WorldBrainWave be liable for any indirect losses, including any loss of business or loss of profit.
16.7. To the extent permitted by applicable law, in any event will WorldBrainWave liability be limited to the lesser of the total value of monetary value paid by a User during one month preceding the cause of liability or € 5,50 (five euro and fifty cents).
16.8. WorldBrainWave shall not be liable to you for any damages resulting from your displaying, copying, or downloading any materials to or from this Website(s) or Services(s). To the maximum extent permitted by applicable law, in no event shall WorldBrainWave be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if WorldBrainWave is aware of the possibility of such damage. WorldBrainWave aggregate liability arising out of or related to these terms shall not be more than € 5,50 (five euro and fifty cents).
16.9. WorldBrainWave controls and operates the Website(s) and Service(s) from the headquarters in The Netherlands and the entirety of the Website(s) may not be appropriate or available for use in other locations. If you use the Website(s) outside The Netherlands, you are solely responsible for following applicable local laws.
17. Waiver of right of withdrawal
17.1. After your first logon onto our Service(s) you accept the immediate commencement of delivery and waive your right of withdrawal.
17.2. Pursuant to European Law, the statutory right of withdrawal is not applicable as regards the following:
a. Service contracts after the service has been performed, if the performance has begun after the first log on to our services, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader. In the case of WorldBrainwave, granting access to our Service(s) and after the first log on to our Service(s);
b. The supply of digital content which is not supplied on a tangible medium if the performance has begun after the first log on to our services and his acknowledgment that he thereby loses his right of withdrawal. In the case of WorldBrainwave, providing an online cloud-based service and after the first log on to our cloud based services.