1. Introduction
1.1 Sensorial products
Sensorial Software Development Ltda (hereafter called Sensorial) is a neuroscientific base company and develops products for the evaluation and training of cognitive capacities for different platforms: applications, computer programs, virtual reality, and touch screens, namely: Sensorial Moove , Neurosports Arena, Sensorial today, Cogscore4 and Sensorial Report (henceforth called “products”).
Products are intended for all interested parties (called “users”).
1.2 CONTRACTING PARTIES
By registering with Sensorial, you, as a user, accept these terms and general conditions (hereinafter called “the TGC”). The contract between the user and the Sensorial (hereinafter called “user contract”) comes into force when the user accepts the general terms and conditions and concludes the registration. TGC represent the legal structure that governs the use of products.
2. General scope
The terms and conditions apply to all product users. Exceptions or additions stipulated in the conclusion of the contract will only be applicable if presented in writing, this also applies to subsequent written amendments and additions. TGCs also apply to free products (hereinafter called “free”) to paid products, hereinafter called “Premium”, and the Sensorial Time program.
3. Product scope
3.1 Free account, premium signature, evaluation and Sensorial team
The functions and content of the Free Account depending on article 5 of these TGC are free. No amount will be charged for limited use or registration. If the user decides to update the free account for a premium signature, according to article 6 of these TGC, the use of the premium signature will be subject to charges. Payment is necessary to ensure the good quality of the content offered by the Premium signature. The change to the premium account and the amounts associated with this will never be charged to the user without express notice.
3.2 RIGHT OF USE
The right to use the product exists only in the current state of the technology used. In this sense, it may sometimes be necessary to restrict services temporarily, for example, depending on the limits of capacity, product safety, servants’ integrity or the implementation of technical measures (together called “temporary failure”). Refund claims for the premium account services described in article 6 will not be accepted in case of temporary failure.
4. Registration, data and contract celebration
Registration data, specifically the email address, will not be disclosed, will be treated as confidential information and will only be used for the implementation and transaction involving the user’s contract.
4.1 About the registration
Each user can register only once. The email address will be used only in relation to Sensorial products and will follow our privacy policy.
The contract between the user and the Sensorial for the use of products is entered into when the user inserts their email address, accepts the terms of use and the Sensorial privacy policy by touching the “agree” button at the end of the registration process of the Sensorial account.
Sensorial will send the user an automatic e-mail confirmation upon receipt of the registration. The email will contain a hyperlink to be clicked by the user to check the email address provided. The contract is considered only entered into, and the services, activated, when the user clicks on HiperLink to check the email address. If the verification is not done, the Sensorial may restrict or prevent access to products at any time until access is verified (henceforth called “double acceptance”).
Once the email address is confirmed, the user may change the email address specified in the settings and request a new activation email.
After the process is completed, the user may request access to paid features, when applicable, in the premium version of the product. The user will receive information about the collection method, the price and, if applicable, the duration of the contract relating to the product before the conclusion of the order.
4.2 CORRECTION OF ERRORS
The user can cancel the process at any time by closing the application window. Enthose errors will no longer be corrected after clicking the registration/order button.
4.3 Store of the text text
The user can view and download the General Terms and Conditions on our website: https://www.sensorialsports.com/temos-de-use.
In addition, the user can print or save the TGC using the normal internet browser functions (usually “file” -> “save as”). It can also download and store TGC as a PDF document. For this, if not of your knowledge, the user must consult the browser instructions. To open the PDF file, the user needs the free Adobe Reader program (available at https://get.adobe.com/de/Reader/) or similar programs compatible with the PDF format.
5. Free use of products of the products (Free Account)
No expense is generated to the free account user. If the user has not acquired exercises, analysis and premium courses, they will have free access to the content offered.
6. Paid Services and Products (Premium Account or Services)
In addition to the free free account, Sensorial also offers signatures and analyzes within the Google Play Store, App Store and others) (“Premium Account”).
When prices are stipulated, they will include applicable taxes.
Paid services vary according to the product. The user will receive information about the type of collection, the price and, if applicable, the duration of the contract related to the product, and will receive a complete summary of the offer prior to the completion of the order.
6.1 Scope
6.1.1 Purchase by the site
If the user acquires a premium signature or evaluation analysis by the site, Sensorial will activate the services related to the premium user.
6.1.2 Purchase by third parties providers and mobile application marketplaces
If the user has access to premium content through mobile applications, access will extend to the content defined in the product.
Sensorial reserves the right to offer separate special services and content, for example courses, scientific training or exercise, as well as purchase. In this case, the period of use will be clearly defined.
6.1.3 Purchase by direct channels and personal service
Purchases made directly in personal contact via email or telephone will result in the need for registration on the site, and a contract will be generated with the specificities of the contracted products.
6.2 Payment
Although the use of a free account is free, premium content (including virtual goods) is only activated after payment. Usage values are calculated by Sensorial based on the price table in force at the time of contract concluding, promotions and valid discounts, and may be affected by promotional valleys or coupons. Prices can be viewed at any time in the price list of the respective application. In case of renewal under clause 7.2.1 of these TGC, the regular price indicated in the requested package will be debited. Other price values may be offered under special conditions. They may include payments payments or single payments.
6.3 Free partial use
Parts of premium product can be used free of charge as part of special promotions or testing. In this case, the user may not claim the permanent use of these parts. Sensorial will expressly designate the use regarding special promotion or testing. In this case, Sensorial reserves the right to limit its scope to any time. If the user receives the right to later use the product for payment, this will be done according to the clauses of this TGC.
6.4 Technical requirements for the use of premium content
The user needs to meet the technical requirements to use Sensorial products. Use may be limited by using an outdated browser or an older version of smartphone, a slow internet connection, lack of the necessary plugers or other reasons for the user, and may prevent or restrict use of product. The free account should be used to verify these conditions before trying to use premium content. In case of technical difficulties in the user’s own equipment, the user may not request the reimbursement of paid amounts.
6.5 claims in case of changes in the premium account
Exercise and content features are always subject to development and expansion, so Sensorial reserves the right to change, delete, add or offer premium product content in the free standard scope. In this case, the user will not be entitled to reimbursement of amounts already paid.
6.6 CELEBRATION OF THE “PREMIUM” CONTRACT AND TIME OF AVAILABILITY
The contract for the use of premium content is entered into when the user chooses one of the offers on the site or application and purchases a “premium product” inserting their payment data, accepting the order summary and clicking the “Buy” button, “Conclude Payment ”or another similar, the conclusion of the payment follows. The type of billing, the price and the deadline are displayed in the summary before the request is completed.
In this case, the user is redirected to a website or screen in the application that shows the message that he can already use premium content. If the web page is not displayed, the contract will be entered into at the first content request of the Premium Offer. The activation of the purchased service occurs up to 72 after purchase, depending on payment methods.
6.7 Payment modalities for application in the application
If the user acquires premium content in the app, it will be purchased on Google Play or iTunes App Store pages. The General Terms and Conditions of Google Play or Apple iTunes App Store apply to this commercial transaction.
6.8 Payment modalities for purchases on the site
The amounts due by the user are paid in advance.
The user can make the payment using the payment systems available on our site, such as credit or debit card and others or bank transfer when available.
Invoices will be issued digitally. No invoice will be issued on paper.
7. CONTRACTUAL DURATION/EXTINCTION
7.1 Free Account
The user contract for the Free account has indefinite deadline, but may be extinguished by the user at any time without notice.
If the user acquires a premium signature, he will need to extinguish the contract by email sent to contato@sensorial.life.
Receiving the warning of extinction by Sensorial determines the time of termination of the contract. If the remaining deadline is less than four weeks, the contract may be extinguished at any time without notice. No reimbursement of values for the use of the product will be due.
Sensorial will have the right to extinguish the contract at any time if the user violates the rules of conduct defined in article 11 of these TGC.
With successful account deletion, all user data, including points, reviews and comments, will be excluded irreversibly.
7.2 Resolution
The two parties have the right to resolve the contractual relationship in the premium signature at any time in case of default. Sensorial may resolve the contract:
if the user violates the rules of conduct pursuant to article 11 of these TGC.
If the user does not pay the amount due within two (2) weeks after receiving a reminder or payment request.
The user may resolve the contract:
If Sensorial is responsible for the unavailability of products for more than 10% of the signature period.
if the user can prove the loss of his legal capacity.
If Sensorial can no longer offer their services or offer them the way they are currently presented due to some administrative or judicial order.
whether Sensorial declares bankruptcy or requesting judicial recovery.
7.3. CANCELLATION OF PREMIUM SIGNATURE
If the premium signature is extinguished by common notice, the user’s account will return to the Free Account State. The data generated by the content of the Premium Subscription will be retained and may be used again in case of a new hiring of the Premium Subscription.
However, if the premium signature is resolved, it will not return to the Free Account status; The account will be entirely deleted. Once deleted, your personal data (email and name) will be deleted from our database. Data that do not identify as a user will not be deleted. Nor will it be deleted data necessary to perform tax obligations, such as issuing invoices.
8. Right of regret
Regret instruction
When a contract is entered into, the user has the right to give up the user contract within seven (07) days without explanations.
To exercise the right to repent, write to:
contato@sensorial.life a direct statement of your decision to give up the contract.
9. Content and accessibility of the Sensorial; Responsibility
9.1 Content and Accessibility
Sensorial seeks to ensure proper functioning uninterrupted. However, it cannot guarantee uninterrupted availability.
Sensorial uses current and common technologies in its services. To fully enjoy Sensorial services, the user also needs to use these technologies (for example, current browsers, Adobe Flash) or enable their use on their computer (for example, the activation of JavaScript, cookies, pop-ups). If the user uses uncommon or older technologies, he may not be able to use Sensorial services in his entirety.
9.2 Responsibility
Sensorial does not provide explicit or implicit guarantees including, but not limited to satisfactory quality or adequacy by specific purpose; as well as not guarantee that products and their functionality are without defects or work without interruptions or failures. Products should be used for the purposes indicated in the state in which they are available when available.
The responsibility of Sensorial, under no circumstances, will exceed the price of the registration fee.
Sensorial is not responsible, under any circumstances, for the loss and damage of the user, of any kind, direct or indirect, based on this TGC; in an unlawful act; conventional or legal guarantee, including lost profits; interruption or failures of activities; Loss of commercial information or other pecuniary damages resulting from the use or inability to use the products.
Sensorial will not be responsible for the way the user uses the products, including complaints from third parties from such use. The user must indemnify the Sensorial, its directors, employees and third parties related to it, for damage or damage that may suffer due to the misuse of the products, including costs and attorney’s fees.
10. Copyright, name and brand rights, property rights
Except expressly licensed with Creative Commons, all texts, images and other works created by Sensorial and distributed in the context of Sensorial products are protected by copyright and intellectual property, and their use outside the services offered require prior Sensorial authorization.
The user cannot, without consent of Sensorial, download, copy, store in any way, modify, publish, transmit, transfer or sell, reproduce, distribute, execute or create derivative content to those of products. Product data is considered vital for the provision of services and are thus considered commercial secrets, and their violation will result in civil and criminal liability.
11. Rules of conduct
11.1 password
The password used for access needs to be treated as confidential data and cannot be disclosed to third parties. Sensorial will never ask for a password to a user outside the application context in the application or on the site. In case of suspicion that third parties obtained their access and/or misuse data from an account, we recommend that you change the password immediately.
11.2 Content
It is forbidden to make available or disseminate content that violates applicable rules, third party rights or public morale. In addition, it is forbidden to advertise. It is prohibited to publish content that addresses one of the following topics: demonstrations of violence, sexual acts, discrimination, insults, racism, defamation or other illegal content.
11.3 Use of results
The use, evaluation or storage of the data determined by the ranking is not allowed.
11.4 Publication
Content accessed through Sensorial products may not be copied, distributed or made available to the public without authorization of the proper copyright holder, except in the cases permitted by law.
11.5 Disturbing technical interference
It is prohibited to cause disturbing technical interference. More specifically, it is expressly forbidden to cause spam or advertising dissemination. Electronic attacks of any kind are forbidden to Sensorial services (including hardware and software used to operate products) or individual users. Such electronic attacks include, among others, the following measures indicated: invasion attempts, ie attempts to circumvent or replace security measures for the purpose of obtaining personal or third party information or modifying their own or third party score and ranking; Attempts to attack denial of service, that is, attempts with a large volume of requests generated for Sensorial servers in order to prevent them from functioning, make them slower or make them inaccessible.
11.6 Consequences of violation of the rules of conduct
If the user or content published by him violates clauses 11.1 to 11.5, the Sensorial will reserve the right to block the affected content and/or the user account involved. The user will be informed of such a violation by email. Sensorial reserves the right to exclude the user’s account or the affected content if the user does not correct the situation within one week from receiving the email.
12. Request for the deletion of data
The user can contact the Sensorial through the email: contato@sensori.life and inform us which data you want to be deleted. It can also tap the “Personal Data” button available on the configuration screen from June 30th.
13. Relevant product information and more content promotion
For our privacy policy, please access the privacy policy.
14. FINAL PROVISIONS
The services and the relationship established through this TGC do not constitute a relationship of work, association or society, nor employment relationship.
The remaining parts of the TGC will remain in force even if some specific point is considered ineffective.
Sensorial reserves the right to change these TGC without explanations, provided that changes are necessary due to changes in Sensorial services, legislative changes or technical developments. Changed TGCs will be sent to the user before the entry into force by email. If the user does not oppose the TGC changed within 30 (thirty) days, they will be considered accepted. In case of objection, the Sensorial may block the user’s account and the payments already made will be reimbursed in the proportion of the remaining deadline.
Tolerance, by either party, of violation of the terms and conditions of this TGC will be considered merely liberality and cannot be interpreted as a novation; Invocable precedent; resignation to rights; tacit change of contractual terms; vested right; or contractual change.
The parties elect the district forum of the city of Ribeirão Preto, State of São Paulo, for conflict resolution, excluding any other, however privileged.
In case of doubts or controversy, Brazilian law should be applied, prevailing the legislation of the State of São Paulo in the event of conflict with other state or municipal laws.