Terms & Conditions
Terms & Conditions
Welcome to www.cognifit.com, (the "Websites"), owned and operated by CogniFit Ltd. ("CogniFit", "We", "Us" or "Our"). Here you will find CogniFit's brain fitness programs, scientifically designed to help strengthen brain function and reduce cognitive loss. CogniFit's software uses personalized exercises and feedback to help users stay sharp, so they can maintain a healthy and satisfying quality of life. Here you will also find CogniFit’ social network, tools to share and find content, design and modify pictures and emoticons among other features developed in the Websites. The Wesbites also offer you the capacity to share and keep track of your emotions and thoughts, discover and find content.
"Websites" shall mean the object code of the software product and the interface environment made available to you on the website www.cognifit.com and all Intellectual Property pertaining thereto, including, the servers, infrastructure, computer products, software products, games, tasks, apps, mobile apps, tablet apps, neurons, premium products (including any third party software products), databases, files and data either used to operate the Product or incorporated therein, the system and processes, the documentation, modifications and enhancements. To avoid any doubt, this Agreement shall apply to all versions and features of the Websites and their specific "Products".
"Products" shall mean all the applications and features including the cognitive assessments, evaluation, tasks, games, apps, mobile apps, tablet apps, subscriptions (and the content provided when subscribing), premium products, pictures editor, emoticons editor, emotions, search, personalized results, neurons (CogniFit's credits) that you can find, use and buy on the Websites. The Products are part of the Website and their use cannot be dissociated from the use of the Website.
The Websites offer you information about CogniFit's Wesbites, Products and additional sevices, and an opportunity to personally experience the use of the Websites by registering online.
Certain services, such as the availability of personal reports with respect to activities, personal profile, emotions, emotions diary, personalized recommendations, search, achievements, results, neurons, applications, subscriptions, add-ons and other features when using the Websites and Products may be available to registered users only.
The Websites further include general information of neuroscience research, brain fitness and cognitive abilities.
CogniFit offers additional services through the Websites, including mini-games, apps, mobile apps, tablet apps, challenges, in-game plays, add-ons, premium products, subscriptions, regularly published marketing materials, newsletters, forum, community of users and may offer further online services, whether for free or subject to payment (collectively, the "Services").
When registering and creating an account on any of CogniFits platforms, including but not limited to, the website, mobile phone apps, tablet apps, CogniFit Brain Fitness or any other CogniFit application, product or platform, you accept that registering to one of the above is equivalent to registering to all. The same user name, password and profile will be registered in each of the above once registration has occurred and can be used to access all the different Websites.
Acceptable use of the Services
When using the Websites, you agree to: (i) abide by all applicable local and international laws, regulations and rules; (ii) take full account for all acts or omissions associated with your access and use of the Websites, and the access and use of Websites by anyone on your behalf; (iii) comply with any instructions and technical specifications provided by CogniFit, to enable the proper functionality of the Websites, including by not altering or modifying any computer code provided to you; (iv) communicate your requests, queries and other submissions with respect to your use of the Websites, only to CogniFit; (v) refrain from interfering with, circumventing, manipulating, or disrupting the operation, or the functionality of the Websites; and (vi) avoid transferring your account details to any other person without CogniFit's explicit prior written consent.
When using the Websites, You agree to refrain from willfully, or carelessly
- breaching these Terms or any other applicable rules and instructions that CogniFit may convey with respect to the use of the Websites, and the Services;
- interfering with or disrupting the functionality of the Websites;
- circumventing or manipulating the operation or functionality of the Websites, and any Service offered through the Websites;
- sending automated or machine-generated search queries;
- uploading false, inaccurate, or misleading content;
- uploading content which is not compatible with the defined topics, or with the rules of behavior, in any of the Services offered through the Websites;
- using robots, crawlers and similar applications to collect and compile content from the Websites and Products, for the purposes of competing with the Websites or with other CogniFit services, or in such ways that may impair or disrupt the Websites' functionality;
- displaying the Websites or any part of them in an exposed or concealed frame, or linking, including in-line linking, to elements on Websites, such as images, videos and players, independently from the web pages of the Websites on which they originally appear;
- impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
- collecting or processing personal information of the Websites' users without their explicit consent;
- uploading commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, except as expressly permitted and in designated zones only.
The Websites serves all Internet users. However, certain services may be available to registered users only.
If you wish to purchase a Product or subscribe to CogniFit via the Websites, you must first open a personal account. The registration is free of charge and it will enable you to access basic features, share and upload content, receive news and information to your e-mail box and train with different non Premium games and tasks among other free features on the Websites.While CogniFit's Websites are available for use by everyone, CogniFit sells Products and Services only to adults. By registering on the Websites or/and purchasing or subscribing to Products, you represent and warrant that you are 18 years of age or older or you have the consent of your legal guardian.
CogniFit may opt to charge different registration fees in the future or change its pricing policy in respect to the Wesbites and its Products. Registration fees will be required only following the posting of prior notice on the Websites and/or Products, but CogniFit is under no obligation to notify you in person of any change in the registration policy. If you do not consent to the terms in the notice, or fail to settle your registration fees to CogniFit's satisfaction, then your account on the Websites will be terminated.
When you register with the Websites, you will be asked to provide certain contact and personal details. Bear in mind that false, incorrect, or outdated information may prevent you from registering and impair the ability to provide you with the Services on the Websites and to contact you. CogniFit will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Websites.
To log in, you must use your personal code (such as: email address and password). Alternatively, CogniFit may provide you with a password for accessing your account and may from time to time establish and require additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain Services on the Websites.
You agree to maintain your personal code in absolute confidentiality and refrain from disclosing it to others. Make sure that you change your password frequently and at least once every six months.
You are fully accountable for any outcome that may result from your failure to provide complete details in the course of the registration process, from your failure to keep your account details in confidence, and for any use or misuse of your account on the Websites as a result of conveying your details to someone else.
You may terminate your account at any time, by sending a request for termination or by accessing your profile page within the Websites. CogniFit may require you to verify your termination notice by sending an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account on the Websites will be terminated not later than 14 days following your notification, and from that date of termination you will no longer be able to access your account.
Notwithstanding any remedies that may be available under any applicable law, CogniFit may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Websites and take technical and legal steps to keep you off the Websites, if CogniFit believes that
- you have abused your rights to use the Websites; or
- you deliberately submitted false information; or,
- you have performed any act or omission that violates any applicable law, rules, or regulations; or,
- you have performed any act or omission which is harmful or likely to be harmful to CogniFit, or any other third party, including other users and suppliers of CogniFit; or,
- you made use of the Websites to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
- you conveyed your account access code to another person; or,
- you are in debt to CogniFit or to another person with respect to any transactions made on or through the use of the Websites.
Fees and Payments
In order to purchase the Products on line, you will be required to pay applicable fees on the Websites ("fee-based services"). The rates and payment terms will be posted on the relevant web pages on the Websites. We may, at any time and in our sole discretion, convert a free-of-charge service to a fee-based service, and alter any of the aforementioned rates and payment terms. All fees are quoted in U.S. Dollars, local currency or neurons (CogniFit's credit), unless expressly stated otherwise. Any changes in CogniFit's fee schedule will take effect immediately after being posted on the Websites.
CogniFit offers monthly and yearly subscriptions to its Premium and Plus services. Subscription payment will include automatic renewal of the subscription fees (monthly or yearly). By subscribing to the Premium or Plus services, you agree to be charged on a recurring basis. This means that at the end of the billing period of your monthly/yearly subscription, you will be billed automatically for a similar billing period (monthly or yearly) until you cancel your subscription.
Cancellation of a monthly/yearly renewal subscription
You may cancel your monthly or yearly subscription at any time by accessing your setting page within the Websites or by contacting our customer support. A cancellation will be processed within three business days from your request, and will be considered from the day of request.
Payment for the month/year that has already started is non refundable
Cancellation will take effect from the start of the following month/year. For example: If your monthly subscription renews every 3rd of the month and you cancelled your subscription on the 17th of the month, cancellation will take effect from the 3rd of the following month. Likewise, for a yearly subscription: If your yearly subscription renews every May 5th of a given year and you cancel your subscription on the 6th of September of the year before renewal, cancellation will take effect at the end of your subscription (May 5th of the following year).
When cancelling a subscription, the Services and Products that have already been paid for will be available until the next renewal date of that subscription.
You represent and warrant that you will pay all fees and taxes in a timely manner and in compliance with the CogniFit fee schedule. Failing to settle your payments will prevent you from further using the product, notwithstanding any other remedies available to CogniFit under the applicable law.
Links to other sites
The Websites may include links to content on other web sites and online services. CogniFit does not operate, or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, CogniFit does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. CogniFit assumes no responsibility or liability for such third-party websites or services, or for their availability.
The Websites may include paid advertisements, sponsored links and commercial information (the "advertisements"). By clicking the advertisements you may be transferred to a website of an advertiser or receive other messages, information or offers from the advertiser and from others. CogniFit is not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages or offers.
All rights, title and interest in and to the Websites and Products and to any content thereof, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to CogniFit.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Websites and Products, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including electronic, mechanical or optical means, other than expressly permitted in the Terms.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any CogniFit trademarks, service marks and logos.
You must avoid any action or omission which may dilute, or tarnish the goodwill of CogniFit.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
Changes in the Websites
CogniFit may from time to time change the Websites' layout, design or display, as well as the scope and availability of the content and services therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge that CogniFit does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.
Site and service availability
The availability and functionality of the Websites depend on various factors and elements, including software, hardware and communication networks, partially provided by third parties. These factors are not fault free, and CogniFit does not warrant otherwise.
Termination of operation
CogniFit may at all times, in its sole discretion, terminate the operation of the Websites, or any part thereof, temporarily or permanently. CogniFit may not give any notice prior to the termination of the Websites. At any time, content or a Service on the Websites, may be blocked, removed or deleted without maintaining any backup copy.
You agree and acknowledge that CogniFit does not assume any responsibility with respect to, or in connection with the termination of the Websites' operations and loss of any data as a result.
Amendments to the Terms
CogniFit may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after an initial notification was posted on the Websites' homepage or any other relevant web pages on the Websites. Other changes will take effect 7 days after their initial posting on the Websites, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required.
Your continued use of the Websites after the changes to the Terms have taken effect constitutes your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must avoid any further use of the Websites.
DISCLAIMER OF WARRANTY
COGNIFIT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR CONTENT BY THE PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITES AND/OR ANY OF THE MATERIALS.
THE WEBSITES ARE PROVIDED FOR USE WITH ALL FAULTS, "AS IS" AND "AS AVAILABLE". COGNIFIT DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. COGNIFIT DOES NOT WARRANT THAT THE WEBSITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITES WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR ERROR, OR THAT THE WEBSITES WILL BE IMMUNE FROM UNAUTHORIZED ACCESS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE WEBSITES IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
COGNIFIT, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER "COGNIFIT'S GROUP") WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS (INCLUDING LOSS OF PROFIT, LOSS OF DATA AND WORK STOPPAGE), COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT AND STRICT LIABILITY, THAT RESULT FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE WEBSITES, OR FROM ANY FAILURE, ERROR, OR DOWNTIME IN THE FUNCTION OF THE WEBSITES, OR FROM ANY FAULT OR ERROR MADE BY COGNIFIT'S GROUP'S STAFF, OR FROM YOUR RELIANCE ON UPLOADED CONTENT ON THE WEBSITES, OR FROM ANY COMMUNICATION WITH THE WEBSITES, OR WITH COGNIFIT'S GROUP, OR WITH OTHER USERS ON OR THROUGH THE WEBSITES, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF CONTENT ON THE WEBSITES, REGARDLESS OF WHETHER COGNIFIT'S GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO THE CORRECTIONS OF SUCH ERRORS, OR MALFUNCTIONS, IF APPLICABLE AND SUBJECT TO COGNIFIT'S SOLE DISCRETION.
You agree to indemnify, defend and hold harmless, CogniFit's group, at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Websites, the content that you made available on the Websites, any communications that you conveyed through the Websites, or your breach of the Terms, or any other terms, rules or regulations applicable to the use of the Websites.
Governing Law, Jurisdiction
These Terms and all documents, forms and policies incorporated thereto will be governed by and construed in accordance with the laws of the State of Israel. Without giving effect to any choice of law or conflict of law rules or provisions, which would result in the application of the laws of a jurisdiction other than the State of Israel.
You agree to resolve any dispute or claim that you may have against CogniFit and to submit to personal jurisdiction in the courts in the city of Tel Aviv, Israel. Notwithstanding the aforementioned, if the total amount of a pecuniary relief that you seek in a claim against CogniFit is less than $10,000, then you may opt to resolve the dispute by using a provider of an established alternative dispute resolution ("ADR"). The dispute resolution before an ADR provider is subject to a mutual agreement on the identity of the provider, and provided that the dispute will be conducted only by written submissions through e-mail correspondence or other electronic communications, or through telephone conversations, and without the need for personal appearance. Any judgment on the award rendered by the ADR provider may be entered in any court of competent jurisdiction.
CogniFit may contact you and send you notice via e-mail, regular mail, Short Message Services ('SMS'), fax messages and postings on the Websites. You may contact CogniFit's customer relations, by using the 'contact us' form on the Websites, or by using the contact details hereunder. CogniFit reserves the right to publish in public – including on the Websites – any communications with you, as long as your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day.
CogniFit's contact details:
CogniFit Ltd., 2 Carmel Street POB 283, Yoqneam Ilit ,20692 Israel, Email: email@example.com
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by CogniFit, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by CogniFit's authorized representative.
Failure on CogniFit's part to demand performance of any provision in the Terms will not constitute a waiver of any of CogniFit's rights under the Terms.
The United Nations Convention on Contracts for the international Sale of Goods will not govern the Terms.
Changes in Ownership
CogniFit may incorporate the ownership or management of the Websites and Products as a separate corporation, or transfer ownership rights and title in the Websites and Products, to a third party, provided that your rights according to the Terms are not harmed by the transfer of rights. In that case, a copy of the details and information pertaining to you will be transferred to the corporation receiving the rights in the Websites and Products and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without CogniFit's prior explicit consent in writing.
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms.
"including", whether capitalized or not, means without limitation.
Severability and Survival
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
Last update: May 10th, 2013