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Confirm that the use of assessments and training is for yourselfYou are going to create a personal account. This type of account is specially designed to help you evaluate and train your cognitive skills

Please confirm that the use of cognitive training and assessment is for your patients. You are going to create a patient management account. This account is specially designed to help health professionals (doctors, psychologists, etc.) with the diagnosis, and intervention of cognitive disorders.

Confirm that you want to offer training and/or cognitive assessments to your family or friends.You are going to create a family account. This account is designed to give your family members access to CogniFit evaluations and training.

Please confirm that the use of cognitive training and assessment is for research study participants.You are going to create a research account. This account is specially designed to help researchers with their studies in the cognitive areas.

Please confirm that the use of cognitive training and assessment is for your students.You are going to create a student management account. This account is designed to assist in the diagnosis and intervention of cognitive disorders in children and young students.

For users 16 years and older. Children under 16 can use CogniFit with a parent on one of the other platforms.

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By clicking Sign Up or using CogniFit, you are indicating that you have read, understood, and agree to CogniFit's Terms & Conditions and Privacy Policy.

Terms & Conditions

Terms & Conditions

Welcome to CogniFit!

CogniFit develops products and tools designed to help users achieve their brain health and fitness goals and empower and inspire them to lead a mentally healthier and sharper life.

These Terms of Service ("Terms") are an agreement between you and CogniFit Ltd. ("CogniFit"), a company located in Israel. When the Terms mention "CogniFit"," "we," "us," or "our," they refer to the party to your agreement that provides you with our services (described below).

These Terms apply to your access and use of the CogniFit services, including our websites, applications, cognitive assessments, brain training programs, SMS, APIs, email notifications, buttons, widgets, ads, commerce services, and other covered services that link to these Terms (collectively, the "Services").

You must accept these Terms to create a CogniFit account and to access or use the Services. If you do not have an account, you accept these Terms by using any part of the Services. If you do not accept these terms, do not create an account or use the Services.

1. Read our Privacy Policy

CogniFit respects your privacy. For information about our data practices, please see our Privacy Policy, including our Cookie Use statement. CogniFit is the controller of your personal data provided to, or collected by or for, or processed in connection with our Services. By accessing or using the Services, you agree that CogniFit and its affiliates can collect and use your information in accordance with the Privacy Policy.

2. Use of the Services

Persons under the age of 16, or any higher minimum age in the jurisdiction where that person resides, are not permitted to access or use the Services unless their parent has consented in accordance with applicable law. Additionally, you cannot access or use the Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the Services.

If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity.

3. Creating an Account

Full use of the Services requires that you create an account by providing us with different information depending on your type of account. Such information may include your name, a valid email address, a strong password, as well as your date of birth and gender. You are responsible for all activity that occurs in association with your account. CogniFit is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact our customer support at support@cognifit.com if you discover or suspect any security breach related to the Services or your account.

If the Services were purchased by another party for you to use, the party paying for such Service (e.g. parent, educator, health professional, or researcher) has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.

4. Necessary Equipment

Full use of the Services is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. See the recommended minimum hardware and software requirements to use CogniFit in our Help Center.

5. Posting your Content on the Services

CogniFit may enable you to post, upload, store, share, send, or display photos, images, video, data, text, cognitive performance, physical fitness, comments, and other information and content ("Your Content") to and via the Services. You retain all rights to Your Content that you post to the Services. By making Your Content available on or through the Services you hereby grant to CogniFit a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section 5 are only for the limited purpose of offering and improving the Services.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

You represent and warrant that Your Content, the use and provision of Your Content on the Services, and your use of the Services will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

CogniFit may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Services.

6. CogniFit’s Rights

CogniFit Content includes any photos, images, graphics, video, audio, data, text, music, cognitive performance, physical fitness, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services (collectively referred to as "Content"). The Content, the Services, and CogniFit’s underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of Israel and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. Our logos and any other CogniFit trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.

7. "Dos and Don'ts" on the Services

When using the Services, you agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Comply with any instructions and technical specifications provided by CogniFit, to enable the proper functionality of the Services, including by not altering or modifying any computer code provided to you;
  • Communicate your requests, queries and other submissions with respect to your use of the Services, only to CogniFit; and
  • Use the Services responsibly.

When using the Services, you agree that you will not:

  • Create a false identity on CogniFit, misrepresent your identity, create a user profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the Service;
  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties, without the consent of CogniFit;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others
  • Violate the intellectual property or other rights of CogniFit, including, without limitation, (i) copying or distributing our cognitive tests and training, wellness tips and articles, videos, or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word "CogniFit" or our logos in any business name, email, or URL;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by CogniFit without our express consent (e.g., representing yourself as an accredited CogniFit trainer
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without CogniFit’s consent;
  • Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without CogniFit’s consent;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose;
  • Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms and/or
  • Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

8. Hyperlinks

You are granted a limited, nonexclusive, and nontransferable right to create a text hyperlink to the Services, provided that such link does not portray us or any of our products or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time in CogniFit’s sole discretion.

9. CogniFit's Enforcement Rights

We are not obligated to monitor access or use of the Services, the Content, or Your Content or to review or edit any CogniFit Content or Your Content, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law.

We reserve the right (but are not required) to remove or disable access to the Services, any CogniFit Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the CogniFit Content, Your Content, or your use of the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.

10. Use the Services at Your Own Risk

If you rely on any CogniFit Content or Services, you do so solely at your own risk.

Our goal is to provide helpful and accurate information on the Services, but we make no endorsement, representation, or warranty of any kind about any content, information, or services. The accuracy of the data collected and presented through the Services has no indication that is or should be considered a Medical Device by the Food and Drug Administration (FDA) or European Medicines Agency (EMA).

The Services is not intended to diagnose, treat, cure, or prevent any disease. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the Services. If any doubts, please get in touch with a qualified professional as CogniFit does not provide such service.

Use of the Services should not replace your good judgment and common sense.

11. Copyright Policy

CogniFit respects the intellectual property of others and expects its users to do the same. It is CogniFit‘s policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe the rights of copyright holders. Please see CogniFit’s DMCA/Copyright Policy.

12. Terms of Sale

CogniFit sells digital cognitive tests and brain training program, as well as other virtual items (e.g. neurons).

One-time Fee

We may make contents or functionalities on the Services for you to license for a one-time fee (e.g. cognitive tests and neurons). When purchasing a license to access such material from the Services, charges will be disclosed to you on the Services before you complete the license purchase.

Your purchase is associated with a payment for a limited, non-assignable license to access and use such content or functionality in the Services. The purchases can only be used in connection with the Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Services for money or other items for value. We may modify or discontinue such items at any time.

Subscriptions

Some Services require paid subscriptions to access. By subscribing, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. From time to time, we may offer a free trial subscription for a Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.

Payments and Billing

When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information.

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).

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 Services, notwithstanding any other remedies available to CogniFit under the applicable law.

Cancellation

You may cancel your subscription at any time by accessing your setting page within your account settings or by contacting our customer support at support@cognifit.com. The cancellation will be processed within three business days from your request, and will be considered from the day of request.

Payment for the beginning of the subscription period (e.g. month or year) that has already started is non refundable. Cancellation will take effect from the start of the following period. 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 that have already been paid for will be available until the next renewal date of that subscription.

13. Feedback and Submissions Policy

If you submit (at our request or otherwise) comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by CogniFit, or obtained from sources other than you.

14. Ads, Contests and Giveaways

The Services 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 Services may include paid ads, 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.

Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored by CogniFit or its partners. It is your responsibility to carefully review those terms and conditions.

15. Alerts and Notifications

As part of your use of the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Services by using your notification account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

16. Third-Party Services

The CogniFit Services may display or permit linking or other access to or use of third-party content, promotions, ads, websites, apps, services and resources (collectively "Third-Party Services") that are not under CogniFit’s control. This may include the opportunity for you to link your CogniFit account, CogniFit data, or the CogniFit Services with Third-Party Services. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the CogniFit Services, such as third-party applications accessed to the CogniFit Services, are not part of the CogniFit Services and are not controlled by CogniFit, and you take sole responsibility and assume all risk arising from your interaction with or use of any Third-Party Services. You also acknowledge that these Terms and the CogniFit Privacy Policy do not apply to any Third-Party Services. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to your use of any Third-Party Services.

Additionally, Apple Inc. or Google, Inc. are Third-Party Services to this contract if you access the CogniFit Services using our mobile applications developed for Apple iOS or Google Android, respectively. These Third-Party Services are not parties to this contract and are not responsible for the provision or support of the CogniFit Services in any manner. Your access to the CogniFit Services using these devices is subject to terms set forth in the applicable Third-Party Service’s terms of use.

17. Changes to the Services

CogniFit may change or discontinue, temporarily or permanently, any feature or component of the Services at any time without notice. CogniFit is not liable to you or to any third-party for any modification, suspension, or discontinuance of any feature or component of the Services. We reserve the right to determine the timing and content of software updates.

18. Termination

We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Content and other information related to your account. You may close your account at any time by contacting Customer Support. Upon any termination of these Terms or suspension, termination, or discontinuation of the Services or your account, the following provisions of these Terms will survive: Sections 1, 5, 6, 9, 10, 11, 13, 14, 16, 18, 19, 20, 21, 22, 23, 24.

19. Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. THE "COGNIFIT ENTITIES" REFERS TO COGNIFIT, ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS AND CONTRACTORS. WITHOUT LIMITING THE FOREGOING, THE COGNIFIT ENTITIES EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. The CogniFit Entities make no warranty that the Services or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The CogniFit Entities make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services or any Content.

20. Indemnity

You will indemnify and hold harmless The CogniFit Entities from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. The CogniFit Entities reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

21. Limitation of Liability

Neither the CogniFit Entities NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT The CogniFit Entities HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL The CogniFit Entities’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN The CogniFit Entities AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

22. Dispute Resolution

We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.

For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Services ("claim"), you agree that it will be resolved exclusively in the courts in the city of Tel Aviv, Israel. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Israel will govern these Terms and any claim, without regard to conflict of law provisions.

23. General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between CogniFit and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CogniFit and you regarding the Services and Content.

We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services. When you use the Services after a modification becomes effective, you are telling us that you accept the modified Terms.

If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without CogniFit’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. CogniFit may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by CogniFit under these Terms, including those regarding modifications to these Terms, will be given: (i) via email or (ii) by posting to the Services. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

CogniFit's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CogniFit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

24. Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

25. Contact US

You may contact us by email at support@cognifit.com or at our mailing address below:

CogniFit.
Attn: Legal Department (Terms of Service)
P.O. Box 7360
New York, NY 10116, USA

Effective: May 25, 2018

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