Terms of Use
These Terms are an agreement between you and Hemalayas, the independent developer of BrainMaxx (“we”, “us”). By downloading or using the app you agree to them. If you do not agree, please do not use the app. Contact: hemalkanjee03@gmail.com.
1. What BrainMaxx is, and is not
BrainMaxx helps you track habits, sleep and simple self-tests (mood, energy, clarity, reaction time and digit span) and turns them into a Brain Score. It is a general wellness tool for personal use.
It is not a medical device and does not diagnose, treat, cure or prevent any condition. Scores are self-measurements, not clinical assessments. The research summaries in the app describe published studies for education only. They are not advice for your situation. Talk to a doctor before changing your diet, sleep, supplements, exercise or substance use, and never ignore professional medical advice because of something in the app. If you are struggling with addiction, gambling, mental health or thoughts of self-harm, please contact a professional or your local emergency services.
2. Eligibility
You must be at least 13 years old (or the minimum age required in your country) to use BrainMaxx. If you are under the age of majority where you live, you need a parent or guardian's permission.
3. Your licence to use the app
We grant you a personal, non-exclusive, non-transferable, revocable licence to use BrainMaxx on devices you own or control, for your own non-commercial use, under these Terms and the rules of the store you downloaded it from. You may not copy, modify, reverse engineer, resell or redistribute the app, its artwork (including the BrainMaxx character) or its content, except as the law allows.
4. Subscriptions and free trials
- Some features need a paid subscription (BrainMaxx Pro), offered monthly or yearly. Prices are shown in the app before you buy and may vary by country.
- Payment is charged to your Apple ID or Google Play account when you confirm the purchase.
- Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the period ends.
- If a free trial is offered, you will be charged when it ends unless you cancel at least 24 hours before. Any unused part of a trial is lost when you buy a subscription.
- You can manage or cancel in your App Store or Google Play account settings. Deleting the app does not cancel a subscription.
- Refunds are handled by Apple or Google under their policies. Nothing here limits refund rights you have under local consumer law.
5. Apple Health and Screen Time
Connecting Apple Health or using the Focus shield is optional and requires your permission in iOS. App blocking depends on Apple's Screen Time system. We can't guarantee it will block every app in every situation, and you can turn it off at any time. How this data is handled is described in our Privacy Policy.
6. Your data and content
What you enter stays on your device (see the Privacy Policy). You are responsible for backing up your device. We are not responsible for data lost when the app is deleted, reset or your device is lost or replaced.
7. Acceptable use
Don't misuse the app: no attempts to break, overload or reverse engineer it, get around paid features, or use it to break the law or harm others.
8. Changes and availability
We may update, change or remove features, and may stop offering the app. If we discontinue a paid feature you are subscribed to, refunds follow store policy and applicable law. We may update these Terms. Material changes will be flagged in the app, and continuing to use the app afterwards means you accept them.
9. Disclaimers
To the fullest extent the law allows, the app is provided “as is” and “as available”, without warranties of any kind, including fitness for a particular purpose, accuracy of scores, or uninterrupted operation. Some countries do not allow certain warranty exclusions, so these may not apply to you.
10. Limitation of liability
To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of data, health outcomes or decisions you make based on the app. Our total liability for any claim is limited to the amount you paid for BrainMaxx in the 12 months before the claim. Nothing in these Terms excludes liability that cannot be excluded by law, such as for death or personal injury caused by negligence, or fraud.
11. Ending your use
You can stop using BrainMaxx at any time by deleting it (and cancelling any subscription). We may suspend or end your licence if you seriously or repeatedly break these Terms.
12. App store terms
If you downloaded BrainMaxx from the Apple App Store, Apple's Licensed Application End User License Agreement also applies. Apple is not responsible for the app or its support, and is a third-party beneficiary of these Terms. If you downloaded it from Google Play, Google Play's terms also apply.
13. Governing law and your consumer rights
These Terms are governed by the laws of the country where you live. Disputes may be brought in the courts there. Nothing in these Terms takes away any rights you have under mandatory consumer protection laws in your country. Before going to court, please email us. Most issues can be sorted out quickly.
14. General
If any part of these Terms is found unenforceable, the rest stays in effect. If we don't enforce a right straight away, we haven't waived it. These Terms, together with the Privacy Policy, are the whole agreement between you and us about BrainMaxx.