Effective date: 15th April 2019

 

Welcome

Welcome to Brain Tuning Music Lab (“BTML”, “we” and “us”). BTML specialises in identifying, personalising and synchronising a client’s brain to the rhythm of periodic external stimuli. Please read on to learn the rules and restrictions that govern your use of our website, products, services and applications (the “Services”). In order to make use of the services (the “Application”) offered by us (collectively with the Application, the “Services”), you must agree to be bound by these Terms of Use (the “Terms”) and by our Privacy Policy. If you object to anything in these Terms or the Privacy Policy, you will not be granted access to use the Services. These Terms and Privacy Policy are subject to change by us at any time, effective upon posting through the Services; by accessing the Services after any such change, you accept the Terms as modified.

These Terms of Use (the “Terms”) are a binding contract between you and us. If you have any questions, comments or concerns regarding these terms or the Services, please email us at support@btml.com.sg.

 

License Grant & Restrictions

BTML hereby grants you a non-exclusive, non-transferable, limited, revocable, right to use the Service during the Subscription Period, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by BTML. You may not access the Service for any benchmarking, reverse engineering or other competitive purposes. BTML shall be entitled to adjust the scope of the Service and the underlying technical infrastructure to reflect the continuing development of the Service and technical advances.

 

Intellectual Property Ownership

BTML alone shall own all rights, titles and interests, including all related Intellectual Property Rights, in and to the BTML Technology, the BTML Content and the Service and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service, and any aggregated metrics, data and trends compiled by BTML. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the BTML Technology or the Intellectual Property Rights owned by BTML. The BTML name, the BTML logo and the product and service names associated with the Service and BTML Content are trademarks of BTML, and no right or license is granted to use them hereunder. The Site may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners.  In addition, all content published on the Site belongs to BTML under applicable copyright law.

 

Responsibly & Liability

Any information or content publicly posted or privately transmitted through the Services are the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. We are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by BTML. When you access third party websites or use third party services, you accept that there are risks in doing so, and that BTML is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilise.

BTML has no control over, and assumes no responsibility for, the content, accuracy, privacy policies or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, BTML will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

 

Billing Policies

The following describes the general payment terms agreement upon:

• You will need to provide your valid credit card details in order to enjoy a free 14-day trial period for BTML Content.

• At the end of the free-trial period, the service is billed in advance on a 30-day recurring basis based on the “start date” of a subscription and is non-refundable.

• There will be no refunds for partial months of service.

• All fees are exclusive of all taxes (if any) imposed by tax authorities, and you shall be responsible for payment of all such taxes.

• Cancellation of a paid subscription must be made within 5 days of your billing date in order to stop payment for the next month of service.

• Unless agreed upon in writing in advance, BTML reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.

 

Validation

You must provide BTML with a valid credit card as a condition to signing up for the Service. You hereby represent that you are authorised to provide any credit card you use to sign up for the Service. You agree to provide BTML with complete and accurate billing and contact information. This information includes your full name, address and contact details. You agree to update this information within 30 days of any change to it. If the information you have provided is false or fraudulent, BTML reserves the right to terminate your access to the Service. All payments to BTML will be in Singapore Dollars. If you believe your invoice or receipt is incorrect, you must contact BTML in writing within 45 days of the date of the invoice setting forth details regarding the inaccuracy to be eligible to receive an adjustment or credit.

 

Auto Renewal

BTML will automatically renew your subscription every 30 days and bill your credit card as mutually agreed upon. The renewal charge will be equal to the Service fee in effect during the prior term, unless BTML has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter.

 

Non-Payment

In addition to any other rights granted to BTML herein, BTML reserves the right to suspend or terminate this Agreement and your access to the Service if payment is not received by the renewal date.

 

Warranty Disclaimer

BTML does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

 

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold BTML, its affiliates, officers, agents, employees and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses arising from or in any way related to any third-party claims relating to (a) your use of the Services, and (b) your violation of these Terms.

 

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without BTML’s prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent.

 

Choice of Law

This Agreement shall be governed by Singapore law.