Terms of Service
Last updated: [[DATE]]
1. Who we are
Brainwave Neurosim (the "Service") is operated by [[LEGAL ENTITY NAME]] ([[COMPANY NUMBER / TRADING NAME]]), of [[ADDRESS]] ("we", "us"). Contact: contact@brainwaveneurosim.com.
2. Acceptance
By accessing or using the Service you agree to these Terms, our Privacy Policy and our Educational-use disclaimer. If you do not agree, do not use the Service. If you use the Service on behalf of an institution, you confirm you are authorised to bind that institution to these Terms.
3. Educational use only — the most important term
The Service is a simulation for education. It is not a medical device, and all data it displays is computer-generated. You must not use it for diagnosis, drug dosing, patient monitoring or any patient-care decision. This clause survives termination and applies to every user, on every plan, including free ones. See the Educational-use disclaimer for detail.
4. Eligibility and accounts
You must be at least 18 years old, or using the Service under the supervision of an educational institution. Keep your login credentials secure — you are responsible for activity under your account. Accounts are personal: do not share your login. Tell us promptly at contact@brainwaveneurosim.com if you suspect unauthorised use.
5. Access to the Service
Access to the Service is granted at our discretion and may be modified, suspended or withdrawn at any time. The Service is offered "as is", features may change or be removed, and we may contact you for feedback (you can decline).
6. Subscriptions, billing and refunds
Applies once paid plans launch; not applicable while the Service is provided free of charge.
- Subscription fees, billing period and any taxes (including GST) are as shown at checkout. Prices are in [[CURRENCY]].
- Subscriptions renew automatically each period until cancelled. You may cancel at any time, effective at the end of the current paid period.
- Payments are processed by our payment provider ([[PAYMENT PROVIDER]]). We do not store your full card details.
- Refunds: [[REFUND POLICY — e.g. 14-day refund on first purchase]]. This does not limit non-excludable consumer rights (see clause 12).
- We may change pricing on renewal with at least [[NOTICE PERIOD]] notice.
7. Licence and acceptable use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access the Service for your own teaching, training or study.
You must not:
- copy, download, extract, decompile or redistribute the Service's code or assets, or host your own copy of it;
- share your account, or provide access to people outside your licensed seats;
- resell, sublicense or commercially exploit the Service without our written permission;
- remove, obscure or alter any disclaimer, attribution or notice — including the educational-use disclaimer;
- present the Service's output as real patient data, real recordings, or output from a real monitor;
- use the Service unlawfully, or attempt to breach, probe or disrupt its security.
8. Teaching use and attribution
You may use screenshots and exported clips in your own lectures, tutorials and non-commercial teaching materials, provided you keep them clearly identified as a simulation and attribute them to Brainwave Neurosim. Commercial or published use requires our written permission: contact@brainwaveneurosim.com.
9. Intellectual property
The Service — including its source code, underlying model, visual design, brand and documentation — is owned by us and protected by intellectual-property law. These Terms grant access, not ownership. Feedback you send us may be used to improve the Service without obligation to you.
10. Availability
We aim to keep the Service available but do not guarantee uninterrupted access. We may modify, suspend or discontinue any part of it. Downtime, changes and data resets should be expected.
11. Suspension and termination
You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms — in particular the educational-use and acceptable-use clauses — or if required by law. On termination your licence ends immediately; clauses 3, 9, 12 and 13 survive.
12. Disclaimers and liability
To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including fitness for a particular purpose or accuracy of outputs. We are not liable for any indirect, incidental, special or consequential loss, or any loss of profit, data or goodwill. Our total aggregate liability is limited to the greater of [[AMOUNT, e.g. NZD 100]] or the fees you paid us in the [[PERIOD, e.g. 12 months]] before the claim.
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded — including under the New Zealand Consumer Guarantees Act 1993, the Fair Trading Act 1986, or the Australian Consumer Law. Where the Service is supplied for business purposes, the parties agree the Consumer Guarantees Act does not apply to the extent permitted by section 43 of that Act.
13. Governing law
These Terms are governed by the laws of [[NEW ZEALAND / AUSTRALIA]], and the courts of [[JURISDICTION]] have non-exclusive jurisdiction.
14. Changes to these Terms
We may update these Terms. Material changes will be notified by email or in-app before they take effect. Continuing to use the Service after that date means you accept the updated Terms.