These Terms of Use (hereafter “The Terms”) are a binding contract between Aaron Rodilla Parres (hereafter “BrainTesting”), the owner of the site whose ID Card is “NIF B87919625”, with business domicile address at Carrer de Rocafort 82, 1º-1, 08015, Barcelona, Spain, and the users of the website www.brain-testing.org and its services on the other.
The current Terms govern the conditions and rules of use and conduct for the services offered by BrainTesting, which basically are the offering of an IQ test based on Harvard prof. Cattell research and proposal called “Culture Free Intelligence Test” -also known as intelligence test- under its trademark or any other, in all territories that it is present, unless a specific express agreement is set.
This test is only for a first basic intelligence assessment and should not be used for serious life decisions. If that were to be the case, you must carry out a test under the direct supervision of a licensed psychologist. We are not liable for any possible consequence or implication of using the test in such a manner.
The use of its website or its services, entails the explicit acceptance of these Terms, without any types of withholdings or reserves. If you use our website you fully understand and accept all clauses of our terms of use and conditions. If there is anything you do not agree with, you will not use any further our tool ceasing immediately its use and if necessary contacting us.
You declare to be 18+ years old if you use this website, you should stop immediately using it if that is not the case.
BrainTesting holds the right to discontinue temporarily or definitely its services in any moment and by its own sole decision, with the only obligation to take such decision and execute it in good faith.
In the interpretation of these clauses, all words will be construed in the most general and accepted meaning of the words in the business sector.
SECOND.- Users
Any person or legal entity is deemed a User automatically, being subject to these Terms, from the moment the website is requested from the browser, its Website cookies are accepted, or continues the navigation of the Website without expressly accepting the Cookies but doing so implicitly.
Every Person or Legal Entity that resides or stays for a period of time in a country where BrainTesting is present, can use and be deemed User of the services. We caution that the test targets adults 18+ and not children, for which other tests better suited exist.
All Users declare enough capacity to understand the service, its price and attached obligations and what it entails in accordance with these clauses, that he or she declares to fully comprehend and accept.
THIRD.- Privacy Policies & Cookies
The Users privacy rights as well as the cookies rules in the use of the services are governed by their specific Cookies Policy and Privacy Policy, both of which are integrated completely and expressly into these Terms through this clause.
WE DO NOT SELL any of your data in any case and without exception. Any use of your data is exclusively done to provide you the requested service (the IQ test results and certificate), and might be deleted or modified at any moment you request within the limitations of the law. Any personal or non-personal information uploaded or submitted by you will only be processed to the extent needed to provide the requested services and you retain all your rights to deletion or modification.
Also, BrainTesting may take down at its sole discretion any information of the client that is inappropriate, dangerous or that somehow infringes our terms and needs to be deleted immediately.
FOURTH.- Intellectual property
In accordance with the Digital Millennium Copyright Act and any other relevant statutes, BrainTesting website and all its element, ad exemplum its source code, applications, texts, animations, graphic designs, URLs, functional designs, trademarks, commercial names, images, logos, and specially the structure of content are owned by BrainTesting and subject to legal protection, being completely forbidden any type of use, reproduction, transformation or communication not explicitly approved in writing.
Any use of the website and its services must be done without infringement on any of those rights, which will remain subject to the ownership of BrainTesting no matter what, and any such infringement will determine the immediate termination of the user of the site or its services.
We hereby declare that the test is based on Prof. Catell research from 1940 “Culture Free Intelligence Test”, work which is no longer under copyright protection due to the time that has elapsed, more than 80 years and therefore now in public domain, and also because we have introduced some modifications to the test that make it considerably different from its original version as well as from any of the most current versions thereof, becoming in any case an innovation upon the first version.
If you believe that any content of the website constitutes an infringement of your copyrights, please send an email communication designated “Copyright Infringement” to our email of contact, with an electronic or physical signature of the owner of the copyright in question or authorization to act on behalf, the description of the infringing material, including where in the site is located the infringing material. and a statement under penalty of perjury that the information you hand over is accurate and in good faith.
The User accepts not to reverse engineer or try to obtain the source of the services or its technical providers in any case, accessing the website exclusively through the interfaces that normal users would use, being expressly forbidden any type of robot scraping or DDoS attack.
FIFTH.- User obligations
You are responsible that all information submitted is up-to-date, accurate, does not violate any law and you are authorized to submit it. Were that not the case, we will terminate your account immediately upon notice.
You agree that we are not responsible for the storage of any data that has been submitted to us and that in case of technical failure we will only refund the price that you paid if we could not deliver the service, not being responsible in case of data loss for being able to deliver long term any data.
The user is obligated to pay the fee that is indicated in the test to be able to obtain a certificate and the test result. The users accept this and will not request a refund or chargeback once that service is correctly delivered, especially if the result is not the one that was wanted or expected. REFUNDS or CHARGEBACKS WITHOUT VALID REASON ARE AGAINST THE LAW AND WILL BE DISPUTED.
SIXTH.- About the service
A fee is charged for obtaining the test results as well as a certificate with the score. This fee allows us to operate our website, maintain it and improve it. This fee is a very small fee taking into account that 30 minutes of a psychologist for example in the U.S. can be 100$.
If you need to recover your score or need again your certificate, you can simply contact with us and request it. Take into account that we only save your data for one year, after which it will be erased forever with the goal of preserving privacy.
The calculations of this test, as they use specific questions only used in this test, may lead to different results if compared to other tests from other websites or psychological tests administered. In any case, the score follows a normal distribution which is computed from all users that have done the test, therefore the test can be considered highly reliable as more than enough users underpin such distribution.
SEVENTH.- SERVICE AS IS
BrainTesting can not guarantee that the website will work without errors with absolute certainty and you agree that BrainTesting will not be responsible for any costs related to your use of the services besides the price paid for the service.
In case of malfunction of any type of BrainTesting’s website or its services, the user accepts that the only warranty is that it will be at its disposal at a short time.
BrainTesting does no warranty of quality, suitability or availability of the services.
EIGHTH.- ARBITRATION & DISPUTES
If any controversy arises, the User will get in touch with BrainTesting prior to any legal proceedings to try to find a solution in an amicable way.
If this is not possible, any claim related to any website use, copyright, transaction, execution, interpretation, validity, refund & chargeback or payments issue, related to the contract will be subject to Arbitration and not to the ordinary courts of law. The user and BrainTesting therefore waive their rights to a trial by jury.
Any action will be done on an individual basis and not as class act, be it collective or representative.
Both parties retain the right to seek injunctive or any other relief from a competent court of law to prevent the infringement of rights.
You may opt-out of the arbitration within the first thirty (30) days of accepting our terms of use by emailing us with your decision.
The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, who will name an Arbitrator and adjudicate the controversy, being the decision binding on both parties.
NINTH.- LIMITATION OF LIABILITY
The user accepts that BrainTesting will give true results of the Users’ IQ Test which might or might not be liked by the user, who will not request a refund or chargeback once the service has been provided.
In no event shall BrainTesting be liable for any direct or indirect damages that result to the User for the use of its website or services.
In case an arbitrator or court of law declared BrainTesting liable of any damages, the award will be, to the extent permitted by the law, limited to the cost of the service paid by the User.
The User will only be refunded the payment when the service was not correctly delivered by BrainTesting due to a mistake of its own doing or it was not provided at all. In any case, an amicable resolution must be first attempted.
TENTH.- INDEMNIFICATION
The user accepts that BrainTesting has several technological providers that are third parties and not part to this contract. BrainTesting has no control or supervision over the performance and security of these providers, which are all best-in-class in the industry and cannot be held accountable for their actions.
In case of losses or any type of damages incurred by the User relating to an (i) unauthorized use of our services or breach of the Terms, including any violation of the law or good faith, (ii) any security hacking incident suffered by us or any of our partners, or (iii) any breach of Terms or violation of law or good faith by our partners, BrainTesting will be held harmless and liability shifted completely to the offending User or partner.
ELEVENTH.- TERMINATION
BrainTesting may at its sole discretion terminate your access to the services without notice within the limitations of good faith. The user can also stop using the service at any time without notice.
TWELVTH.- CONTROLLING LAW AND JURISDICTION
These terms and the execution of the relative contract will be subject to the laws of the Kingdom of Spain, to the extent permitted by applicable law.
Any claims arising out of the Services which do not fall under arbitration, shall be brought in a civil court of Law in Barcelona, Spain, which will be the courts of competent jurisdiction.
THIRTEENTH.- SEVERABILITY & NO WAIVER
These terms constitute the full and complete agreement between BrainTesting and the user in relation to its services. Should any provision be found void or invalid by a court of law, that voidness will be limited to the affected clause in the extent needed, remaining all other provisions in effect.
The lack of enforcement of any provision by BrainTesting or lack of monitoring does not waive its right to enforce or monitor in the future the clause.
FOURTEENTH.- ASSIGNMENT
None of the User obligations or rights under this contract can be assigned to third parties without authorization from BrainTesting and such assignments are therefore void if they do not have the said authorization.
FIFTEENTH.- CONTACT
If you have any query, problem or request, please do not hesitate to contact us at: [email protected].
In case you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may take your complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
