1. GENERAL TERMS OF USE FOR THE APPLICATION

1. The BrainBeams FocusBoost application ("Application") is operated by BrainBeams Health s.r.o., Company ID: 19422865, registered in the Commercial Register maintained by the Municipal Court in Prague under C 386333, with its registered office at Varnsdorfská 337/5, Střížkov, 190 00 Prague 9 ("BrainBeams").

2. Use of the Application and all content and information contained therein is conditional upon acceptance and compliance with these General Terms of Use ("Terms"). If you do not agree with these Terms, you may not use the Application.

 

2. PURPOSE OF THE APPLICATION

1.  The Application for mental wellness, designed for adults with ADHD, supports brain activity for improved concentration. The App utilizes the brain’s natural ability to synchronize with periodic external stimuli. By harnessing this capacity, FocusBoost offers a unique and effective approach to enhancing concentration.

 

3. REGISTRATION

1. The Application is available to registered users, who may register via Google Account or Apple ID. Data processed from these platforms include name and email address. Invalid information may result in account deletion. Users may delete their account at any time via the mobile app. The Application can also be downloaded without registration.

 

4. PAYMENTS

1. Using the Application is free of charge, but advanced features may be subject to a fee.

 

5. DISCLAIMERS AND LIMITATION OF LIABILITY

1. To the fullest extent permitted by applicable law, we disclaim all representations and warranties related to the Application and its content, including any inaccuracies or omissions, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement, or implied warranties arising from usage or operation.

2. We do not guarantee that the Application will always be accessible, uninterrupted, timely, secure, error-free, or free of viruses or other harmful code, nor that the Application will be unaffected by force majeure events such as failure to launch or use due to a lack of telecommunications equipment or failures in IT or telecom systems.

3. Although we strive to provide accurate and current information about the Application, we make no warranties or representations as to its accuracy, timeliness, or completeness.

4. We are not liable for any direct, indirect, private or public damages arising in connection with the use of the Application.

5. Despite our efforts to ensure security, you acknowledge that all electronic data transmissions are potentially susceptible to interception. We cannot guarantee and do not warrant that data transmissions to or from us will not be monitored or read by unauthorized parties.

6. While we endeavor to ensure that any software made available in the Application is suitable for download, installation, and use, all such software is provided “as is” without warranty. Specifically, we do not warrant that the software is virus-free, fault-free, compatible with other software or operating systems, or fit for any particular purpose. We accept no responsibility for any loss or damage caused by downloading.

7. These exclusions and limitations of liability apply only to the extent permitted by law. Your statutory rights as a consumer that cannot be excluded or limited remain unaffected.

 

6. HEALTH DISCLAIMER

1. The Application provides online and mobile tools for self-reflection, meditation with neuromodulation, and reflection on health and lifestyle habits. BrainBeams does not provide medical or psychological services or medical devices, and our Application should not be considered medical advice. Only your doctor, psychologist, or other qualified health care provider can do that.

2. Although there is third-party research suggesting that meditation and light-based neuromodulation may support prevention and recovery for a range of conditions, BrainBeams makes no claims or guarantees that the Application provides any physical or therapeutic benefit. The Application is not a medical device.

3. Any health-related information or product references provided by BrainBeams or its subcontractors are for convenience only.

4. To the extent that you engage with any movement-related content within the Application, you represent and warrant that you are in adequate physical health to perform such activities and that you have no medical conditions or impairments that would make such movement unsafe. You should consult your physician before beginning or modifying any exercise program, especially if you have a history of injury, heart disease, high blood pressure, other chronic conditions, poor health, or if you are pregnant. You acknowledge that BrainBeams has advised you to do so.

5. All advice or information in the Application is intended for general informational purposes only. It is not intended to be relied upon and does not substitute for professional medical or psychological advice based on your individual condition and circumstances. Any advice or information provided is meant to support, not replace, the relationship between you and your healthcare providers. We accept no responsibility or liability for any consequences arising from reading or being told such advice or information, as you assume full responsibility for your decisions and actions. To the maximum extent permitted by law, we provide no warranty or guarantee regarding the accuracy, completeness, or suitability of any advice or information in the Application for any purpose.

6. By using this Application, you acknowledge that it is not a medical device, and therefore we do not diagnose, treat, or otherwise address any mental health issues, disorders, crises, etc. We are not liable for any health conditions or failures to address them.

7. There have been rare reports of individuals with certain psychiatric issues, such as anxiety and depression, experiencing worsening symptoms in connection with intense self-reflection or meditation. Individuals with existing mental health disorders should consult their healthcare providers before using the Application.

 

7. LICENSE

1. The Application and Services are protected by copyright and related regulations.

2. Upon downloading and installing the Application, successfully completing registration, and paying any applicable fees (if the service is paid), you will be granted the right to use the Application. If you comply with these Terms, you are granted a limited, non-exclusive, revocable license to use the Application, subject to the restrictions outlined in these Terms.

3. Nothing in these Terms or any other document shall be interpreted as granting, assigning, or transferring any intellectual property rights to the Application, know-how, trade secrets, documents, technologies, patents, or expertise owned or used by us in operating the Application.

4. You may not sell, license, sublicense, lease, distribute, publish, provide access to, or transfer the Application to third parties, whether for profit or free of charge.

5. You must not violate our rights when using the Application and Services and must comply with applicable laws, especially those related to copyright. If you breach these Terms, we may restrict or terminate your access to the Application or Services.

 

8. PERSONAL DATA

1. Use of the Application is permitted after your consent to personal data processing and our privacy policy.

2. For registration and use of the Application, we process your personal data in accordance with data protection laws and the GDPR.

3. Please pay attention to the consents you grant us, especially those concerning sensitive personal data about your health.

 

9. WITHDRAWAL FROM THE AGREEMENT

1. By accepting these Terms, you enter into a contract for the delivery of digital content not supplied on a physical medium ("Contract") and agree that the Contract will be fulfilled—i.e., the Application will be used—before the 14-day withdrawal period expires, and that by doing so, you waive your right to withdraw from the Contract without giving a reason within the 14-day period.

2. Your statutory right to withdraw from the Contract under applicable law remains unaffected.

 

10. CHANGES TO TERMS

1. We may unilaterally modify or amend these Terms at any time. Changes become effective upon publication.

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11. GOVERNING LAW AND JURISDICTION

1. These Terms and any related legal relationships are governed exclusively by the laws of the Czech Republic, without regard to conflict of laws principles.

2. Any disputes arising from or in connection with these Terms shall be subject exclusively to the general courts of the Czech Republic.

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12. CONTACT

1. If you encounter any issues, you may contact us at: info@brainbeams.health

2. The supervisory authority for consumer protection obligations is the Czech Trade Inspection Authority (Česká obchodní inspekce).

3. Last updated: May 15, 2025

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