Terms of Use

1. Introduction

1.1 Products of Synaptikon GmbH

Synaptikon GmbH, Ritterstraße 3, 10969 Berlin (hereinafter "Synaptikon") offers scientifically-founded brain training on both app and web, as well as meditation and mindfulness training. The aim is to improve mental fitness, resilience, memory performance, attention, and processing speed.

Synaptikon operates interactive digital products via various mobile applications and domains on the Internet: "NeuroNation", neuronation.de, neuronation.com, neuronation.at, neuronation.ch, easeapp.de, "Ease: Meditation und Achtsamkeitstraining", "CARE" as an app, and "NeuroNation" app in the Apple iTunes App Store, Google Play Store as well as an online shop offering various products from the areas of personal development (hereinafter "Products").
The offer is aimed at all interested parties (hereinafter referred to as "Users"). 

1.2 Contracting Parties

By registering with Synaptikon, you as a user agree to these general terms and conditions (hereinafter referred to as "GTC"). The contract between the user and Synaptikon (hereinafter referred to as the "User Contract") becomes effective upon acceptance of the general terms and conditions and conclusion of the registration. These GTC form the legal framework for the use of the products. 

 

2. Scope of Application

The GTC apply to all users of Synaptikon products. Deviating and supplementary provisions upon formation of the contract shall only apply if they are made in writing; this shall also apply to deviations from the written form. The GTC apply equally to free (hereinafter referred to as "Freemium Account") and paid offers such as "Premium Brain Training Web & App", "Premium Brain Training App", and "Ease Premium" (hereinafter referred to as "Premium Account").

 

3. Scope of the Offer

3.1 Freemium Account and Premium Subscription

The functions and contents of the Freemium account in accordance with section 5 of these GTC are free of charge. No fees will be charged for limited and trial use or for registration. If the user decides to upgrade the freemium account to a premium subscription in accordance with section 6 of these GTC, the use of the premium subscription is subject to a charge. In order to guarantee a high quality of content offered within the framework of the Premium Subscription, fees are necessary. Expansion to a Premium Account and the fees associated therewith shall never arise for the User without express notification.

3.2 Right to Use

The right to use the offer exists only within the framework of the current state of the technology. In this context, it may sometimes also be necessary to temporarily restrict services - for example with regard to capacity limits, security of the products, integrity of the servers, or the implementation of technical measures (hereinafter referred to as "temporary failure"). The claim to reimbursement of premium account services described under item 6 does not exist in the event of a temporary breakdown.

 

 

4. Registration, Contract Data and Formation of Contract

Registration data, in particular, the email address, will not be published, but will be treated confidentially and will only be used for the implementation and transaction of this user contract.

4.1 Registration via website

 

Each user may only register once. The email address will only be used in connection with Synaptikon's products and will not be passed on to third parties of Synaptikon.
The contract for the use of the products between the user and Synaptikon is formed by the user entering their email address, accepting Synaptikon's Privacy Policy by clicking on a checkbox, and clicking on the "Next" button.

Synaptikon will send the user an automatic confirmation by email upon receipt of the registration. This email contains a hyperlink with which the user verifies the correctness of the email address provided. The contract is only formed and the services are only activated when the user clicks on the hyperlink to verify the email address. If verification does not take place, Synaptikon may restrict or prevent access to the products at any time until the access has been verified (hereinafter referred to as "double opt-in").

Once the email address has been confirmed, the user has the option of changing the email address specified in the settings and requesting a new activation email.
Thereafter, the user is given the opportunity to order the paid exercises in the "Premium Subscription" via the menu bar "Premium", "Get Premium" and similar buttons, or via the "Shop", and thereby expand their Freemium account to a "Premium Subscriber Account". The user will be informed of the billing method, price and, if applicable, the duration of the contract in each case within the framework of the offers, and will receive a complete summary of this before completion of the order.

4.2 Registration via App

Registration via the app is similar to the registration process according to section 4.1 and differs only as follows: Instead of registering via the website, registration takes place directly via the app. Parts of the app can also be used without registration. However, an account can also be created here. For this purpose, the email address is requested (optional) and a confirmation email is initiated, which can only be sent if the user agrees to the GTC and the data protection declaration at the same time.
Just as in section 4.1, a double opt-in procedure is used to activate the user account after the email has been sent. After successful activation, the functional sequence corresponds to that according to section 4.1.

4.3 Contract Language

The contract language is English.

4.4 Correction of Input Errors

The user can correct input errors using the usual keyboard/mouse functions before sending their registration/order. The user can also cancel the process at any time by closing the browser window or the app. After clicking the registration/order button, input errors can no longer be corrected.

4.5 Storage of contract text

We save the text of the contract and send the user the order data and our general terms and conditions by email. The general terms and conditions can be viewed and downloaded by the user on our website https://sp.neuronation.com/tou. The user can view applicable orders in the user account.
In addition, the user can print or save these GTC https://sp.neuronation.com/tou by using the usual function of their internet browser (usually "File" -> "Save as"). The user can also download and archive these GTC as a PDF document. For this, the user should consult the instructions of their browser software, should they need help with this. To open the PDF file, the user needs the free program Adobe Reader (available at https://get.adobe.com/de/reader/) or comparable programs that can handle the PDF format.

 

5. Free Use of the basic functions of the products - Freemium Account

With the registration, no costs arise for the user. If the user has not purchased any premium exercises and courses, i.e. no premium account within the meaning of section 6 of the general terms and conditions, they shall be granted access to the exercises provided free of charge.
Fees are due for full access to the exercises within the framework of the premium account, insofar as this is stated and the user orders or books these separately. 

 

6. Paid services and products liable to costs - Premium-Account

 In addition to the free freemium account, Synaptikon also offers paid subscriptions, exercises, and courses on the website and via the mobile stores (Google Play Store, Apple iTunes App Store and others) ("Premium Account").
If prices are quoted, they include the applicable statutory sales tax.
The fee-based services vary according to the offer. The user will be informed of the billing type, price and, if applicable, duration within the framework of the respective offers and will receive a complete summary before the order is completed.

 6.1 Scope

 6.1.1 Purchases on the website

If the user purchases a premium subscription via the website, Synaptikon will activate additional "premium" exercises and courses. Synaptikon also reserves the right to offer individual web content, such as courses or exercises, for sale. In this case, the period of use is explicitly defined. Example: with the "Brain Training Premium Web & App" subscription, the user also acquires access to "Premium" content of the NeuroNation App.

6.1.2 Purchases through third parties and mobile app marketplaces

If the user gets access to "Premium" content via the mobile applications, the access extends to the content defined in the product (e.g. "Brain Training Premium-Subscription App" extends only to the Brain Training App, "Ease Premium-Subscription" only to the Ease App).
Synaptikon reserves the right to offer individual special services and content, such as courses, scientific coaching or exercises, in addition to the purchase. In this case, the period of use is explicitly defined.

Purchases or subscriptions within the App are made through the respective mobile marketplaces (e.g. Google Play Store or Apple iTunes App Store). These are subject to the respective terms of use of the marketplace provider.

6.2 Remuneration

While the use of a freemium account is free of charge, premium content (including virtual goods) is only activated after payment. The usage fees are calculated by Synaptikon on the basis of the price list valid at the time the contract is formed, any valid promotions and discounts, and are influenced by any valid promotional vouchers. The prices can be viewed at any time in the price list of the respective app or on the web at https://sp.neuronation.com/pricing. In the event of an extension in accordance with Section 7.2.1 of these GTC, the regular price indicated for the ordered package will be debited. Different pricing increments can be offered at special conditions. These may include subscription payments or one-off payments.

6.3 Partial use free of charge

Parts of the premium product can be used free of charge as part of test or special promotions. In this case, the users have no claim to permanent use of these parts. Synaptikon will expressly designate the corresponding use as a test or special promotion. In this case, Synaptikon reserves the right to limit the scope at any time. Insofar as the user is subsequently granted the possibility of paid use, this shall be in accordance with the provisions of these GTC.
In this case, Synaptikon reserves the right to limit the scope at any time.

6.4 Technical Requirements for the use of the Premium Services

The user must ensure that their technical conditions are sufficient to use Synaptikon's products. In order to check the usability, the user receives some exercises for free use during registration. The usability may be restricted by an outdated browser or an older smartphone, a slow Internet connection, the lack of necessary plugins, etc. on the part of the user and make the offer only partially usable or not usable at all. The freemium account should be used to check these conditions before using the premium content. In the event of technical difficulties with the user's own equipment, the user has no claim to reimbursement of the amount paid by him.

6.5 Claims due to changes made to the Premium Services

The exercises and page features are subject to constant development and expansion, therefore Synaptikon reserves the right to change, delete, add or offer contents of the premium offer within the freemium scope. In this case, the user is not entitled to a refund of already paid amounts.

6.6 Contract Formation "Premium" and Delivery Time

The contract for the use of premium content is formed when the user decides on one of the offers on the website or via the app and the payment process is successfully completed.
The contract for the use of premium content is formed when the user decides on one of the offers on the website or via the app, and purchasing a "premium product" by entering their payment data, accepting the order summary and clicking on the "Buy", "Complete payment" button or a comparable field, with the payment process being subsequently successfully completed. The billing type, price and term are fully summarised before the order is completed.
In this case, the user is redirected to a website or a screen in the app, where it is pointed out that they can now use the purchased premium content. If this webpage is not displayed, the contract is formed with the first call of a content of the premium offer. Activation of the purchased service takes place immediately after the purchase. Non-digital products that require postal delivery will be shipped within 4 weeks after the purchase at the latest.

6.7 Payment Modalities for Purchases via App

The purchase of a Premium-Account via app is administered through the sites and billing arrangements of the Google Play store or Apple's iTunes App Store. The respective General Terms and Conditions of the Google Play or Apple's iTunes App Store apply to that transaction.

6.8 Payment Modalities for Purchases via the Website

The fees for a purchase of a Premium-Account via the websites of Synaptikon are due in advance. The User can conduct payment through the displayed payment systems, i.e. credit card or electronic or direct debiting scheme.

For a SEPA mandate, payment is executed within ten (10) banking days by our payment providers:
Novalnet AG, Gutenbergstraße 2, 85737 Ismaning, under identification-ID: DE53ZZZ00000004253.
Stripe Payments Europe, Limited, North Wall Quay, Dublin 1, D01H104, Ireland
PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg

The buyer undertakes to cover the account. Costs incurred due to non-redemption or chargeback of the direct debit shall be borne by the purchaser as long as the non-redemption or chargeback was not caused by Synaptikon. Invoices shall be issued digitally; paper invoices shall not be issued. For any help, please contact us via info@neuronation.de.

 

7. Duration and Termination

7.1 Freemium Account

The contract for using the Freemium-Account (basic contract) is concluded for an unlimited period and may be terminated by the User without notice at any time. To terminate the contract, the User can remove the registration data through the "Profile/settings" menu item by clicking on the "Delete User account" button. After that, the User receives an email with a link on which he must click to complete the cancellation of the account.

Synaptikon has the right to cancel the contract with the User should they violate the code of conduct described in paragraph 7.2.2. and 11 of this GTC. If the user has purchased a premium subscription (e.g. "Premium Brain Training Web & App", "Ease Premium" or "Premium Brain Training App"), they must first terminate the premium contract in accordance with the provisions in Section 7.2.1 of these Terms of Use. The deletion of an account entails the deletion of all User data including their scores, evaluations and comments.

7.2 Premium Services

The deletion of the user account does not automatically entail the termination of the contract. Proper notice of termination must entail a timely written termination of the contract.

7.2.1 Ordinary Notice of Termination

The Premium-Account is available in different packages and with differing contract durations. The terms can be found in the order confirmation email. The start of the respective term depends on the time of contract formation in accordance with clause 6.6. The subscription term is automatically extended recurrently by the contractually agreed duration (e.g. 1, 3, 6 or 12 months) unless the user terminates their contract no later than four weeks before the end of the respective term.

The notice of termination should be addressed to:

info@neuronation.com

or

Synaptikon GmbH
Ritterstraße 3
10969 Berlin, Germany

Synaptikon informs the user in advance before contract extensions by a reminder email to the provided email address. For any extension periods, the fees will also be invoiced in advance.

Deletion of a freemium account does not automatically result in termination of the premium subscription. Termination requires written cancellation. There is no entitlement to a refund of usage fees by non-usage of the product.

The receipt of the termination by Synaptikon is decisive for the time of the termination. Contracts of four weeks or less can be terminated at any time without a period of notice.

7.2.2 Extraordinary Termination

Both contract parties are entitled to end the Premium contract at any time due to extraordinary reasons. The latter include:

  • the User’s violation of NeuroNation’s code of conduct as described in paragraph 11 of this GTCs
  • the failure to adhere to regulations agreed to in the registration process
  • the failure to make payments two weeks after a reminder has been received
  • the case that the obtainment of NeuroNation in its current form – or any form – is no longer possible due to legislation changes
  • the disintegration of the company due to bankruptcy, the sale of the company or alternate business-related activities.
  • the User's proven loss of contractual capabilities

Attention: In contrast to the Freemium-Model, the deletion of the Premium-Account does not automatically entail the termination of the contract. To terminate the contract, a proper notice of termination entailing the shift to a Freemium-Account is needed.

7.2.3 Termination of Premium Services

If the Premium Membership is terminated through a proper notice of termination, the User’s Membership is shifted from a Premium- to a Freemium-Account. The data generated during the Premium-Membership remain and can be accessed through the purchase of a new Premium-Membership. The User himself has no claim to comparison and non-user specific data.

If the Premium Membership is terminated through an extraordinary notice of termination, the User’s account is not shifted to a Freemium-Account but deleted permanently. The deletion of an account entails the deletion of all User data including their scores, evaluations and comments.

 

8. Notice of Cancellation

In regard to the payment due for the Premium-Membership, Synaptikon grants the User the right to a notice of cancellation (revocation) as described in the following:

Notice of Cancellation

The User has the right to cancel his contract agreement within 14 days from contract formation without giving reasons for the latter.

The notice of cancellation should be sent via post or email to:

Synaptikon GmbH
Ritterstraße 3
10969 Berlin
or
info@neuronation.com

The User can also use the following form to inform Synaptikon about his notice of cancellation but is not obliged to do so.

 

Implications of the Notice of Cancellation:

If the User decides to cancel the contract within 14 days of its conclusion, Synaptikon is obliged to refund all payments made until that date within 14 days starting on the day the User’s notice of cancellation has been received (excluding the additional costs resulting from the use of any other form of delivery than the standard option). The transaction will be undertaken in the same mode of payment that has been chosen in the first instance of payment unless both parties have agreed on an alternate mode of payment. In any case, the User will be charged with no extra costs.

ATTENTION: Payment cancellations for products bought through the AppStore, Google Play or Amazon AppShop are subject to the store provider policy.

-End of the Information on the Notice of Cancellation-

Attachment to the Notice of Cancellation - Blueprint

If you aim to cancel the contract within 14 days of its conclusion, please fill out this form and send it to:

Synaptikon GmbH
Ritterstraße 3
10969 Berlin

With this notice of cancellation, I would like to inform you about the cancellation of my Premium-Membership.

Premium-Account ordered on _______________________/

Access to Premium-Account received on _______________________

Address of the customer _______________________

Date_______________________________

Signature (only needed in case of mail delivery)

 

9. Liability, Content, and Accessibility of Synaptikon

9.1 Content and Accessibility

Synaptikon strives to ensure proper operations at all times. However, Synaptikon does not guarantee uninterrupted access. For providing its service, Synaptikon uses current and commonly-used technologies for its services. In order to make full use of Synaptikon's services, the User must likewise use these technologies (e.g. current browser technologies, Adobe Flash) and enable use on his device (e.g. activate Java Script, cookies, pop-ups). If older or not commonly used technologies are used, the User might only be able to make limited use of the services provided by Synaptikon.

9.2 Liability

Claims for damage on the part of the User are excluded unless stated otherwise below. The exclusion does not extend to damage claims asserted by the User arising from death or injury to body or health or infringement of essential contractual obligations (cardinal obligations) as well as the liability for other loss or damage caused by a premeditated or grossly negligent contractual infringement on the part of Synaptikon, its legal representatives or vicarious agents. Essential contractual obligations are those which must be met to achieve the goal intended by the contract. A "cardinal obligation" or "essential contractual obligations" are obligations the discharge of which enables the contract to be properly performed in the first place and the contracting party usually relies on and may rely on.

In the event of infringement of essential contractual obligations, Synaptikon shall only be liable for contractually typical, foreseeable loss or damage if the infringement was due to ordinary negligence unless it is a case of damage claims asserted by the User arising from death or injury to body or health.

The restrictions apply in the same sense to employees, shareholder, staff, executives, and assignees of Synaptikon and affiliated businesses.

 

10. Copyrights, Trademark, Property Rights and Rights to the use of Names and Labels

Unless the content is expressly labelled as creative commons all texts, images and other works created by Synaptikon are protected by copyright and any use beyond the respective products and services requires prior consent.

 

11. Code of Conduct

11.1. Password

The password used for access must be treated confidentially and may not be disclosed to third parties. Synaptikon will never ask the user for their password, except for the purpose of identification on the app or website. If there is reason to suspect that an unauthorized third party has knowledge of access data and/or misuses an account, we recommend an immediate password change.

11.2. Content

The User warrants that the content by the User with or in Synaptikon's products does not infringe any third party’s rights or laws. Furthermore, it is forbidden to distribute any form of advertising. It is prohibited to spread content including: the portrayal of violence, sexual acts, discriminating, offensive, insulting, racist, defamatory, aspersive or in any other way illegal content.

11.3. Use of Results

The use of NeuroNation is for private purposes only. The use, evaluation or saving of the data generated through "Ranking" or other insights is not permitted without Synaptikon's consent.

11.4. Publication

Content accessible via Synaptikon products may not be copied, distributed or otherwise made publicly available without the consent of the respective copyright holder, except in cases permitted by law.

11.5. Disruptive Interference

Disruptive Interference is forbidden. It is explicitly prohibited to spread any form of spam or advertisement. Electronic attacks against NeuroNation of any sort (including the hard- and software necessary for its operations) or against individual Users is prohibited. The following are understood as electronic attacks: hacking, i.e. the attempt to bypass or annul security measures for the purpose of the obtainment of personal information, or the modification of one’s own scores or those of others. Denial-of-service attempts, i.e. attempts to block the NeuroNation server through numerous generated inquiries, hindering, slowing down NeuroNation or making the website inaccessible, are forbidden.

11.6. Consequences of disregarding code of conduct

If the user or content posted by the user violates sections 11.1 to 11.5, Synaptikon reserves the right to block the affected content and/or the account of the involved user. The user will be informed of the violation by email. Synaptikon reserves the right to delete the user's account or the affected content if the user does not remedy the violation within one week after receipt of the email.

 

12. Relevant Product Information and Promotion of Further Content

Synaptikon will only use the name and email address for of the user for purposes the user gave his consent for. Further information can be found in the privacy policy.

The Parties agree to exclude those provisions of the German international civil law, that may cause the exclusive application of any other jurisdiction.

13. Final Provisions

Contracts between Synaptikon and the user shall be governed by the laws of the Federal Republic of Germany to preclusion of the UN Convention on Contracts for the International Sale of Goods.
The parties exclude the application of the conflict-of-law rules of international private law insofar as these lead to the exclusive application of other legal systems.
The remaining parts of the GTC shall remain binding even if individual points are legally ineffective.
Synaptikon reserves the right to amend these General Terms and Conditions without stating reasons, insofar as this becomes necessary due to changes in the services of Synaptikon or due to legal changes or technical developments. This applies in particular if new offers from Synaptikon require new regulations. The amended GTC will be sent to the user in advance by email. If the user does not object to the amended GTC within six weeks, they shall be deemed accepted. In the event of an objection, Synaptikon may block the account of the user, whereby payments already made shall be refunded proportionately in relation to the remaining term. Synaptikon will refer to these legal consequences separately in the email with the amended GTC.

Information on Online Dispute Resolution:
The European Commission provides a platform for online dispute resolution, which serves to settle and mediate disputes online. This can be found at: http://ec.europa.eu/consumers/odr

Berlin, March 2019