Last Updated: July 01, 2023                       

 

General

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These Terms of Service (“Terms”,”User Agreement”) apply to the access and use the websites and services of Brainstork (“We”, “Us” or “Our”) and describe your rights and responsibilities. These Terms also govern your access and use of any video, text, graphics or other materials sent, received, stored or otherwise appearing in the services (collectively referred to as "Content"). Our services may display content uploaded by our customers as a part of interview process. Such content is the sole responsibility of the person or entity that has made it available. Please read these Terms of Service carefully before using our services. The Terms are a legal and binding agreement between we and the entity or person placing an order for or accessing the Services (“You”, ”Customer”). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this agreement on behalf of your company, and all references to “you” or “Customer” reference your company.  We reserve the right to change these Terms of Service anytime without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

 

BY ACCESSING OR USING OUR WEBSITES AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, DO NOT ACCESS OR USE THE SERVICES, WEBSITES OR ANY OTHER ASPECT OF BRAINSTORK‘S BUSINESS.

 

Please review our Privacy and Cookies Policy for more information on how we collect and use data while you access and use our websites and services.

 

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Use of our services

 

In order to access certain parts of our services (create room, invite users, invite participants, upload documents, join as observer or translator) you will need to create a personal account. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. Accordingly, you are responsible for all activities that occur under your account/s. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and we reserve the right to verify this at any time. We will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree that any information you provide will always be accurate, correct, and up to date.

 

You are responsible for your use of Brainstork including all the information and resources uploaded, shared, displayed and made available by you. This means the lawfulness of any activity is under your responsibility. You may invite participants via a link to the room and password, without the need for them to register. A unique link is created for every room and anyone with the information of this room’s link and password can enter the session. You acknowledge that the safety of this link and password information is under your responsibility and you are responsible for any potential unwanted entrance to your session by unwanted third parties, and potential outcomes of such activities. You may invite any users to participate the discussion as an “Observer”. In this case you are responsible to inform the participants and have their permissions, as explained in detail in out Privacy Policy. The discussions are recorded as default, you are responsible to inform the participants and have their permissions.

 

Your use of Brainstork requires that you have hardware, software and an Internet connection fulfilling certain recommended requirements. If the recommended requirements are not met you may not use our services or use them with lower quality or performance. Such reduced quality or performance or complete inability to use our services will not give you the right to claim any compensation from Brainstork.

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Restrictions on use of our services

 

By visiting our websites and accessing services, either directly or indirectly, you agree to use all the available resources (Information, services, resources, products, documents) only for the purposes intended as permitted by the terms of these terms of service, and applicable laws, regulations.

 

Accessing (or attempting to access) any of our resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

 

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to

 

·  satisfy any applicable law, regulation, legal process or governmental request,

·  enforce the Terms, including investigation of potential violations hereof

·  detect, prevent, or otherwise address fraud, security or technical issues

·  respond to user support requests

·  protect our rights, property or safety, our users and the public.

 

You agree that you will not upload, post, share or otherwise make available any prohibited content. We reserve the right to report illegal activity to applicable local authorities. The mentioned prohibited content includes, without limitation, the content which:

 

·  Is illegal, threatening, racist, discriminatory, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, or promotes hatred, harassment or physical harm against any group or individual.

·  Shares personal information or passwords about others, without their consent.

·  Infringes on any trademark, patent, trade secret, copyright, or another proprietary right of any party

·  displays or links to pornographic, sexually explicit or any other indecent material

·  Contains any type of unauthorized or unsolicited advertising

·  Impersonates any person or entity, including any Brainstork employees or representatives.

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Privacy & personal data

 

We collect and process personal data and Interview data about you and your use of the Service, which are specified in our Privacy Policy.  By accessing or using our websites and services, you agree that we can use your personal data and interview data in accordance with our Privacy Policy and in accordance with the consents you have given us. We comply with EU privacy regulations.

 

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Intellectual property rights

 

You retain your rights to any content you upload, post share or otherwise make available through our services. By submitting “User Content” (which includes blog posts, reviews, testimonials) you grant us, or must procure that your licensors grant us, a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, irrevocable and worldwide license to use, reproduce, store, modify, distribute, publish and create derivative works of such User Content for any purpose, commercial or otherwise. You represent and warrant that you own any User Content submitted by you or that you otherwise are entitled to submit such User Content and to grant us such license.

 

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Termination of use

 

Brainstork reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Websites (or any part thereof) with or without notice.

 

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our websites and resources. The termination may be with or without notice and for any reason, including, without limitation, non-payment of fees and breach of these Terms.

 

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Charging

 

We have a project based pricing model. The pricing for a project may change according to several factors such as; number of active participants, number of active observers, length of the session or the format of the session. You get a proposal for each separate project and your credits for the sessions on our websites become available after the transaction is complete. We receive payments by wire transfer and eft; the information about the bank and account details is sent with the proposal. We may open a demo account for you with promotional gift credits. We reserve the right to change the promotional gift credits anytime with or without notice.

 

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Disclaimer

 

ALL BRAINSTORK WEBSITES AND RELATED SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER BRAINSTORK NOR ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. BRAINSTORK MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT BRAINSTORK WEBSITES AND SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, THAT CUSTOMER DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS, OR THAT BRAINSTORK WEBSITES AND SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE. BRAINSTORK DOES NOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. BRAINSTORK WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CUSTOMER PROPERTIES, THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR NON-BRAINSTORK SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THESE ITEMS), FOR REGULATED DATA RECEIVED FROM CUSTOMER IN BREACH OF THIS AGREEMENT, FOR THE COLLECTION, USE AND DISCLOSURE OF CUSTOMER DATA AUTHORIZED BY THIS AGREEMENT, OR FOR DECISIONS OR ACTIONS TAKEN (OR NOT TAKEN) BY CUSTOMER BASED UPON BRAINSTORK WEBSITES AND SERVICES (INCLUDING CHANGES TO CUSTOMER PROPERTIES). THE DISCLAIMERS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.

 

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Limited liability

 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BRAINSTORK BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF BRAINSTORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. THIS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

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Governing law

 

The Terms shall be governed by and interpreted in accordance with German law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the German courts with the district court of Berlin, Germany as the legal venue.

 

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Contact

 

If you have any questions or comments about our Terms of Service as outlined above, you can contact us via e-mail at legal@brainstork.com or via regular mail at

our mailing address below:

 

Brainstork GmbH

Mackenroder Weg 2

12347 Berlin

Germany