GENERAL TERMS OF USE

In the Terms of Use, the following capitalized terms shall have the following meanings:

Access Data: the meaning set forth in Article 4.

Article: an article of the Terms of Use.

Bearmind: Bearmind SA (CHE-259.831.111), a company incorporated under Swiss laws in Ecublens (VD), Switzerland.

Content: any work, service, process, layout, design, technology, trademark, logo, business name, invention, description, image, information, and any other content available through the Digital Offerings.

Policy: our notice on privacy and personal data available at https://www.bearmind.tech/policy, as amended from time to time.

Digital Offerings: the digital offerings provided by Bearmind, including but not limited to the Website, mobile apps and APIs.

Terms of Use: the present terms of use, as amended from time to time.

User Content: the meaning set forth in Article 7.

Website: the website "https://www.bearmind.tech/" and all associated websites, web domains and sub-domains.

Bearmind provides mainly a website and an application allowing its users to track the measurement of impacts on the head on players wearing an helmet sensor, thus improving brain injury management.

Within the framework of the collection and processing of your personal data, we are subject to the applicable data protection legislation. For more information, please consult our Policy.

In order to use our Digital Offerings, registration is not mandatory. However, an active Internet connection is essential, and it's your responsibility to ensure you have the required equipment for connectivity at your own costs.

Certain functionalities within our Digital Offerings are exclusive to registered users possessing an active user account. To gain access, you have the choice to register for either a personal user account or a professional account representing a business entity.

If you create an account on behalf of an entity, you represent and warrant that you have the full authority to do so.

To create an account, you must provide us with an electronic mail address, as well as other information (the "Access Data"). You are responsible for maintaining the confidentiality of your Access Data and for all activities that occur under your account.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. You further commit to exit from your account at the end of each session.

You represent and warrant that your Access Data are true, accurate, current and complete. We shall assume no liability in relation to your Access Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that it might be the case, we reserve the right to suspend or terminate your account and refuse any and all current or future use of our Digital Offerings or any portion thereof.

By registering an account, you represent and warrant that you are at least 18 years of age. You are solely responsible for ensuring that the use of our Digital Offerings is in compliance with all laws, rules and regulations applicable to you, it being specified that any use of our Digital Offerings that conflicts with any applicable law, rule or regulation is strictly prohibited.

We may, in our sole discretion, refuse to offer our Digital Offerings to any specific person or entity and change our eligibility criteria at any time.

We use reasonable efforts to ensure that the information and any Content that we personally publish on our Digital Offerings is accurate and complete. Should this not be the case, we would nevertheless reject all responsibility. You acknowledge that any reliance upon such information shall be at your sole risk. This Content is provided to you for information purposes only and has no legal value; only the Terms of Use being legally binding upon you and us. We invite you to always seek advice from qualified persons before committing through our Digital Offerings.

Copyrights and other intellectual property rights on the Content are the property of Bearmind or used with the permission of the concerned owner. You are authorized to browse our Digital Offerings and to reproduce excerpts thereof, by print or download on a hard disk, for yourself, provided that the rights of the author and other symbols of intellectual property ownership remain intact. No reproduction of any part of our Digital Offerings may be sold or distributed for commercial purposes, amended, or incorporated to another work, publication or website.

Bearmind and, as the case may be, its partners, shall remain owners of all rights on the Content, which is protected by copyright, design law, trademark law or patents and by all other intellectual property or industrial property law applicable.

None of the sections of these Terms of Use should be interpreted as granting you a license or any rights to use the Content. Subject to express exceptions as foreseen by these Terms of Use, any use of the Content by you is strictly forbidden.

Our Digital Offerings might allow you to submit content aimed at other users (the "User Content").

You remain the owner of your User Content. Nevertheless, by submitting User Content through our Digital Offerings, you grant us an unlimited in time (even after you stop using our Digital Offerings), irrevocable, worldwide, non-exclusive, free of charge, sublicensable and transferable license to use, store, reproduce, transfer, modify (including creating derivative works or translations), communicate, publish, publicly perform and display and/or distribute the User Content that you have submitted, this for the sole purpose of providing our Digital Offerings. Furthermore, if you decide to share all or part of your User Content with other users of our Digital Offerings, you authorize them to access, use and store such shared content, according to your sharing options as the case may be.

You guarantee that (i) you have all the rights and authorization to grant the licenses to us or other users as mentioned above and that (ii) the content you submit doesn’t violate any norm, contractual obligation or third-party rights, especially intellectual property rights.

You understand that you are solely responsible for your User Content. We do not pre-approve or control User Content. Therefore, we are not in a position to give any guarantee whatsoever related to User Content, in particular with regard to its accuracy, morality, legality or currentness. Any reliance upon User Content shall be at your sole risk. We assume no liability for the User Content and the different opinions that may be included therein. Without limiting the foregoing, we may remove from our Digital Offerings any User Content that, in our opinion, would be inadequate.

Our Digital Offerings might contain links which would take you outside of our networks and systems, especially towards partners’ websites. We accept no responsibility concerning the content or the functioning of these third-party websites. We cannot be held liable for the content of the websites towards which a link is proposed. The inclusion of a link to other websites does not imply our approval. We recommend you to carefully review the privacy and data protection policies as well as the general terms and conditions of each website you visit and of each online service you use.

When you communicate with us by email or otherwise through the Internet, you should take into account that the protection of emails and messages so transmitted is not guaranteed. Consequently, while sending by emails important or confidential messages, not encoded, you accept the risks linked to this uncertainty and the possible lack of confidentiality over the Internet.

The use of our Digital Offerings is at your own risk. Our Digital Offerings are offered "as they are" and "as available". Consequently, we do not offer any guarantee related to them. We especially do not guarantee that (i) they will meet your requirements; (ii) their content is exhaustive, exact, accurate, reliable, updated and does not transgress the right of third parties; (iii) the access to them will not suffer any interruption or is error-free, nor that they are virus-free; (iv) their defects will be corrected; (v) they are secured; or (vi) that any advice or opinion that they may include is exact and reliable.

Our Digital Offerings do not constitute – and cannot be interpreted as such – medical advice. We are not health professionals. You should always consult a doctor in cases of pain or injury or for any medical advice you may need. Your use of our Digital Offerings does not constitute, in any way, a patient-physician relationship. By accessing our Digital Offerings, you understand that you are the sole responsible of your health.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY ON OUR PART, ON OUR BODIES', AUXILIARIES' AND/OR AFFILIATES' PART, THAT MIGHT RESULT FROM YOUR ACCESS TO – OR YOUR USE OF - OUR DIGITAL OFFERINGS, IS EXCLUDED.

AS A PREREQUISITE TO YOUR USE OF OUR DIGITAL OFFERINGS, YOU COMMIT YOURSELF TO INDEMNIFY US, OUR BODIES, AUXILIARIES AND/OR AFFILIATES, FROM ANY DAMAGE OR EXPENSE (INCLUDING LAWYERS’ FEES AND COURT COSTS) THAT MIGHT RESULT FROM YOUR ACCESS TO – OR YOUR USE OF - OUR DIGITAL OFFERINGS.

We use our best efforts to provide you with a positive and interesting experience while using our Digital Offerings. In such a perspective, we reserve the right, at our own discretion, without prior notice and without stating the reasons, to forbid (in particular by limiting/forbidding/suppressing the access of a user to our Digital Offerings or by deleting all or part of his/her/its User Content) any act that might turn out to be, in our opinion, notably inappropriate, contrary to the Terms of Use, the applicable law and/or the morality. In particular, you shall not: (a) publish information of a third party, without his/her/its prior approval; (b) publish or transmit through our Digital Offerings any unsolicited mailings or commercial proposals; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (such as using another person's username, password, name, voice or photograph); (d) publish any content which might be, in our opinion, disturbing, defamatory, racist, obscene, violent, threatening, pornographic or otherwise unlawful, immoral, inappropriate and/or contrary to third-party rights; (e) publish any content that may be harmful to our security system or the one of third parties, such as computer virus, Trojans or any malicious computer software; (f) access our Digital Offerings by any means other than through the interface that we provide; (g) use the Digital Offerings in any other way that may be harmful, unlawful and/or contrary to morality.

Should a provision of these Terms of Use contradict applicable imperative law, it shall be dissociated from the Terms of Use. The nullity of such provision will not affect the validity of the remaining parts of the concerned provision or of the other provisions of the Terms of Use. Should a provision of these Terms of Use be ineffective, totally or in part, it shall be replaced by a provision that produces the closest economic and legal effects.

The fact that we might tolerate a shortcoming to your obligations under the Terms of Use - or that we might renounce to enforce a right recognized to us by the Terms of Use or by law -, shall not be construed to be a waiver of our right to do so later.

The Terms of Use and the contractual relationship between you and us are subject to Swiss substantive law. The place of jurisdiction shall be Lausanne, subject to an appeal to the Swiss Supreme Court.

Any question or claim related to our Digital Offerings must be sent directly to info@bearmind.tech. Terms of Use updated in August 2024. All rights on the Terms of Use belong to their author. Any reproduction, without prior license, is strictly forbidden and will be prosecuted.