Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Cerebral Experience ("Company," "we," "us," or "our") concerning your access to and use of the Cerebral Experience mobile application (the "App"). By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the App.

Eligibility

You must be at least 13 years of age to use the App. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the App with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the App, you represent and warrant that you meet these eligibility requirements.

License and Access

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on a device that you own or control, solely for your personal, non-commercial use. This license does not grant you any ownership rights in the App or its content. You may not copy, modify, distribute, sell, lease, or sublicense the App or any portion thereof. All rights not expressly granted to you are reserved by Cerebral Experience.

Medical Disclaimer

IMPORTANT: The App is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information, strategies, and educational content provided through the App are for informational and educational purposes only and should not be considered medical advice. The App is designed to complement, not replace, professional medical treatment, therapy, or counseling.

You should always consult with qualified healthcare professionals regarding ADHD diagnosis, treatment, and management. Never disregard professional medical advice or delay seeking it because of information you have accessed through the App. If you are experiencing a medical emergency, contact emergency services immediately. We make no representations or warranties regarding the accuracy, completeness, or suitability of any information provided through the App for your specific circumstances.

User Responsibilities

As a user of the App, you agree to:

• Use the App only for lawful purposes and in accordance with these Terms
• Maintain the security of your device and any data stored on it
• Not attempt to reverse engineer, decompile, or disassemble the App
• Not use the App in any way that could damage, disable, or impair the App or interfere with any other party's use of the App
• Not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Take responsibility for your own mental health and wellbeing while using the App

Intellectual Property Rights

The App and all content, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof, are owned by Cerebral Experience or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Your use of the App does not grant you ownership of any intellectual property rights in the App or its content.

User-Generated Content

All content you create within the App, including journal entries, assessment responses, notes, and other personal data, remains your property and is stored locally on your device. We do not claim any ownership rights to your user-generated content. You are solely responsible for maintaining backups of your data. We are not liable for any loss, corruption, or deletion of your user-generated content.

Subscription and Payment Terms

The App offers both free and premium subscription features. Premium subscriptions are billed on a recurring basis through your device's app store (Google Play Store or Apple App Store). By purchasing a subscription, you agree to the following:

• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions through your app store account settings
• Refunds are subject to the app store's refund policies and are not guaranteed by Cerebral Experience
• Subscription prices may change with notice, but changes will not affect active subscriptions until renewal

Disclaimers and Limitation of Liability

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, CEREBRAL EXPERIENCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APP IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless Cerebral Experience, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the App, your violation of these Terms, or your violation of any rights of another party.

Termination

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for any reason, including but not limited to violation of these Terms. You may terminate your use of the App at any time by uninstalling it from your device. Upon termination, all licenses and rights granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to disclaimers, limitations of liability, and indemnification.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms within the App or on our website with a new "Last Updated" date. Your continued use of the App after such changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the App, please contact us at:

Email: [email protected]

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cerebral Experience regarding the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the App.