BrainBay Terms of Service

1.1 Welcome to BrainBay. BrainBay and its related websites and software (collectively, “BrainBay”) are operated by SILVERDRAGON TECH PTE. LTD.. BrainBay agrees to provide internet-based services in accordance with these Terms of Service (the “Terms”) and the operating rules published from time to time.

1.2 BrainBay may update these Terms at any time. When the Terms change, BrainBay will publish the modified content in the software or on the web. The modified Terms take effect upon publication and replace the prior version.

1.3 You must comply with these Terms and use BrainBay’s services lawfully and reasonably; otherwise BrainBay may suspend or terminate the services it provides to you in accordance with these Terms.

Please read these Terms carefully (especially the bold parts). By checking “Signing in / registering means you agree to the Terms of Service and Privacy Policy” during sign-in and completing registration, you agree to and accept all of these Terms and become a BrainBay user (a “User”).

If you do not agree to these Terms and/or any modification of them, please stop using all services provided by BrainBay immediately.

2.1 BrainBay provides brain-training services to Users through algorithms, storage platforms, computing resources, and network bandwidth. Unless expressly provided otherwise in these Terms, any new feature that adds to or enhances the current service (including newly released trainings or products) is subject to these Terms.

2.2 You understand and agree that the service is provided “as is.” To the extent permitted by law, BrainBay is not responsible for the timeliness, deletion, mis-delivery, failure to store, or any other issue relating to your information or personalized settings.

2.3 BrainBay reserves the right to suspend any part of the service, without prior notice, for maintenance, upgrade, or other purposes.

2.4 You agree that BrainBay may establish general practices and limits concerning use of the service and may change them at its discretion, with or without notice.

3.1 To use the service, you agree to provide accurate registration information as prompted and to keep your sign-in information, nickname, avatar, and other details true, valid, and lawful. If you provide information that is illegal, unethical, or that BrainBay considers unsuitable for display, or if BrainBay has reason to suspect your conduct is automated or malicious, BrainBay may suspend or terminate your account without prior notice.

3.2 In light of applicable law and the importance of the service, you agree to:

• provide valid, accurate information for any necessary identity verification;
• provide timely, complete, and accurate registration details;
• not enable the service for yourself or others through improper means or in violation of good faith;
• take full responsibility for all activity under your account, and not sell or lend your account;
• comply with applicable laws and public morals, and not harm the lawful rights of others.

4.1 After completing registration, you can sign in to your BrainBay account. Protecting your account is your responsibility.

4.2 You are fully responsible for all activity under your account. You agree to:

• notify BrainBay immediately of any unauthorized use of your account or any other security issue;
• accept that, to the extent permitted by law, BrainBay is not liable for losses arising from your failure to safeguard your account credentials;
• be fully responsible for any harm to you, BrainBay, or third parties resulting from activity under your account.

4.3 Because personal information can be accessed through an account, you may not transfer, sell, or lend your account to others without BrainBay’s consent, except as expressly permitted by law.

4.4 If you choose to link your BrainBay account with a third-party account (such as Apple or Google), and you violate applicable law or the third party’s account agreement, your linked third-party account may also be unlinked, and BrainBay is not liable to you or any third party for this.

5.1 Under applicable law, any text, image, or other material (“Content”) published or uploaded through the service is the responsibility of the Content provider. BrainBay merely provides information storage space and cannot control the Content transmitted through the service; therefore it does not guarantee the Content’s accuracy, completeness, or validity.

5.2 You acknowledge that, when using the service, you may encounter Content that is unpleasant or inappropriate. BrainBay is not responsible for such Content, but has the right to stop transmitting it and take appropriate action in accordance with law.

5.3 You expressly understand and agree that, to the extent permitted by law, BrainBay is not liable for losses caused by: use of or inability to use the service; unauthorized access to or alteration of your transmissions or data; or any statement or conduct of a third party within the service.

6.1 BrainBay provides personalized features based on algorithms, including but not limited to: generating your daily training plan from your training-preference questionnaire and training history; computing your training tier and ability dimensions; and presenting your ability map and trend analysis.

6.2 You understand and agree that:

• these features are provided by algorithms and statistical models, are for reference only, and do not constitute professional (e.g. medical or psychological) advice;
• algorithm-generated content or assessments may be inaccurate, incomplete, or inapplicable, and you should exercise your own judgment;
• BrainBay does not warrant the accuracy, completeness, timeliness, or applicability of algorithm results.

6.3 BrainBay reserves the right to adjust, upgrade, suspend, or terminate these features at any time. To the extent permitted by law, BrainBay is not liable for feature changes or interruptions caused by technical limits, policy requirements, or other reasons.

7.1 BrainBay highly respects and protects the privacy of every User. The registration information you provide and certain other information BrainBay retains about you are protected under applicable data-protection laws and BrainBay’s Privacy Policy.

7.2 For how BrainBay collects, uses, stores, shares, and protects your personal information, and how you exercise your rights, please see the BrainBay Privacy Policy.

8.1 BrainBay reserves the right to modify, suspend, or terminate the service at any time.

8.2 Given the special nature of network services (including server stability, malicious attacks, and other uncontrollable circumstances), you agree that BrainBay may interrupt or terminate some or all of the service at any time and is not liable for service interruptions of reasonable duration.

8.3 BrainBay may interrupt or terminate the service to you at any time, without liability, if:

• the personal information you provide is untrue;
• you violate the law, applicable policies, or these Terms.

You expressly understand and agree that:

• nothing in these Terms excludes BrainBay’s liability for personal injury or property loss caused by its fault;
• BrainBay does not warrant that the service will meet your requirements, be uninterrupted, timely, secure, or error-free;
• any material obtained through the service is used at your own discretion and risk.

10.1 You must comply with applicable laws and take full responsibility for any conduct and its consequences arising from use of the service under your account. If your conduct violates the law, you bear full legal responsibility.

10.2 You agree not to use the service for any unlawful or improper activity, including but not limited to:

• publishing or transmitting discriminatory, hateful, insulting, harassing, defamatory, or otherwise unfriendly content;
• publishing content that endangers national security, incites hatred, or is otherwise unlawful under applicable law;
• spreading rumors, obscenity, gambling, violence, terrorism, or content that abets crime;
• infringing the privacy, copyright, patent, trademark, trade secret, or other lawful rights of others;
• distributing viruses, trojans, worms, or other destructive programs or code;
• interfering with or disrupting the service or its servers and networks, or violating applicable network rules;
• abusing product features, harming the product ecosystem, or distributing advertising or spam.

10.3 When using any Content, including relying on its accuracy, completeness, or validity, you agree to use your own judgment and bear all risk. BrainBay may refuse and remove any Content that violates these Terms and take action against the account up to permanent suspension.

10.4 In special circumstances or upon request by a competent authority, BrainBay reserves the right to disable or delete an account directly.

11.1 The intellectual property in the Content BrainBay provides in the service (including web pages, interface design, layout, text, audio, video, images, and other materials), and the copyrights, patents, and other IP in the software and systems that support the service, belong to BrainBay or the relevant rights holders. BrainBay and its marks, products, and service names are trademarks of the Operator. Without BrainBay’s prior written consent, you may not remove, obscure, or alter BrainBay’s copyright notices, trademarks, or other rights notices.

11.2 You warrant that Content you publish on BrainBay is owned by you or duly licensed and does not infringe any third party’s rights. By agreeing to these Terms, you grant BrainBay a non-exclusive license to use such Content by means not prohibited by law, such as display and promotion.

11.3 Without express authorization from BrainBay or the rights holder, you may not modify, rent, lend, sell, or distribute any part of the service or software, or create derivative works or perform reverse engineering.

12.1 BrainBay respects the lawful rights of others (including IP, reputation, and goodwill) and asks you to do the same.

12.2 If you violate prohibitive provisions of applicable law or harm the lawful rights of others or the public interest, BrainBay will remove specific Content and may terminate your use of the account in accordance with law or these Terms.

12.3 If you believe your copyright or other IP has been infringed, please contact BrainBay promptly with detailed supporting evidence under the applicable notice-and-takedown procedure.

13.1 Any communication or business dealings you have with a third party through the service, or participation in a third party’s activities, are solely between you and that third party. To the extent permitted by law, BrainBay is not liable for any loss or damage of any kind incurred as a result of such dealings or third parties.

14.1 You acknowledge the borderless nature of the internet and agree to comply with all local laws regarding online conduct and content, and in particular with all applicable laws regarding the transmission of information from your country or region.

15.1 If you are a minor, please read these Terms with your legal guardian. You and your legal guardian bear responsibility in accordance with applicable law and these Terms. BrainBay’s protection of minors’ personal information is described in the Privacy Policy.

16.1 You agree to indemnify and hold harmless BrainBay and its affiliates, officers, agents, partners, and employees from any third-party claim or demand (including reasonable legal fees) arising from Content you provide, publish, or transmit through the service, your connection to the service, your violation of these Terms, or your infringement of any rights of another.

17.1 You expressly understand and agree that, to the extent permitted by law, BrainBay is not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profit, goodwill, or data, arising from:

• use of or inability to use the service;
• unauthorized access to or alteration of your transmissions or data;
• any statement or conduct of a third party within the service;
• fraudulent information published or delivered by a third party that induces a User to suffer economic loss;
• any other matter relating to the service, except as expressly provided in these Terms.

18.1 BrainBay and its registered trademarks, logos, and product and service names are trademarks of the Operator (the “BrainBay Marks”). Without BrainBay’s prior written consent, you agree not to display, use, or otherwise handle the BrainBay Marks, or to represent that you have the right to do so.

19.1 These Terms constitute the entire agreement between you and BrainBay governing your use of the service. When you use related services or third-party content or software, you must also comply with the applicable additional terms and conditions.

19.2 These Terms and your relationship with BrainBay are governed by the law of the jurisdiction in which the Operator is established. Disputes should first be resolved through friendly negotiation; if that fails, the governing law and the competent court or arbitral forum — together with any mandatory consumer-protection rules that apply to you regardless of this clause — are [to be confirmed before launch — to be confirmed before launch] and will be stated here once finalized by legal counsel.

19.3 BrainBay’s failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right.

19.4 If any provision of these Terms is held invalid under applicable law, you agree that the parties’ intent reflected in that provision should be given effect to the extent permitted by law, and the remaining provisions remain in full force and effect.

19.5 The headings in these Terms are for convenience only and have no legal or contractual effect.

If you have any questions or suggestions about these Terms while using BrainBay’s products or services, you can contact us through the following channels, and we will sincerely address your concerns within 30 days:

• In the BrainBay app, via “Profile → Help & Support”;
• Feedback email: 3rd@silverdragonltd.com (please include a screenshot of the issue and your BrainBay account);
• Privacy / data-protection email: 3rd@silverdragonltd.com;
• Operator: SILVERDRAGON TECH PTE. LTD. (UEN 202223550W), registered office: Nexus @one-north, 3 Fusionopolis Link, #06-07, Singapore 138543.