1. Definitions
Publisher / We: Brain Core Sàrl, RC Valais: CHE-113.424.769, Route de l’Île-au-Bois 3, 1870 Monthey (Switzerland). Contact: info@braincore.ch.
Site: the web application accessible at braincore.app and its subdomains.
Services: all services accessible via the Site and the BrainCore platform, including BrainCore Pro Test, BrainCore Edu Test, BrainCore Sentinel, BrainCore Edu, MySpace, and Virtual Coach.
User / You: any person who accesses the Site and/or uses the Services, free or paid.
Account: personal space allowing access to reserved Services after authentication.
User Content: any content (text, image, data, test result, comment) transmitted or published through the Site.
2. Purpose and Acceptance
These ToU govern access to and use of the Site and the Services. By accessing the Site and/or using the Services, you fully accept these ToU.
3. Publisher and Contact
The Site is published by Brain Core Sàrl, a Swiss limited liability company registered with RC Valais under number CHE-113.424.769.
Contact: info@braincore.ch.
4. Site Access and Accounts
4.1. Access to the public pages of the Site is free. Access to the Platform, including its features and restricted content, is strictly limited to users who have entered into a contract with Brain Core Sàrl and accepted the corresponding offer. The costs related to this access (subscription, license, or other fees) are specified in the offer and remain the responsibility of the user, as well as the costs of connection and equipment required for use.
4.2. Certain Services are reserved for Users with an Account. Registration requires accurate and complete information.
4.3. Your login credentials are personal and confidential. You are responsible for all activities performed through your Account.
4.4. Minimum age: 12 years old. For users under 18, parental consent is required. When the Service is provided through a school or organization, it is the responsibility of that institution to obtain and manage the required consents.
5. Services
5.1. The Site offers, among others: BrainCore Pro Test (for businesses); BrainCore Sentinel, BrainCore Edu, BrainCore Academy, BrainCore Tests, MySpace (personal access).
5.2. We may modify, suspend, or discontinue the Services, notably for maintenance or security reasons, with prior notice when reasonably possible.
6. Permitted Use and Prohibitions
You agree to use the Site in compliance with the law and these ToU. Prohibited uses include: security breaches, bypassing protections, unlawful use, massive data extraction, unauthorized reproduction of content, reverse engineering, or reconstruction of test algorithms or methodologies.
7. Disclaimer Regarding Tests
The tests offered are based on psychometric and neuroscientific approaches. They do not constitute medical or psychological advice, are not medical devices, and do not replace a diagnosis or professional follow-up.
The results do not constitute official certification and must not be used as the sole basis for academic, educational, or professional decisions. Any interpretation must be accompanied by human and contextual analysis.
Mandatory debriefing and report transmission. No report from BrainCore EDU or BrainCore PRO tests may be communicated or sent to a user without a prior individual debriefing by a BrainCore-certified coach. Any transmission outside this framework constitutes a breach of these ToU and engages the sender’s responsibility. The list of certified coaches is maintained by Brain Core Sàrl and available upon request or through official communication channels (info@braincore.ch).
8. Intellectual Property
The Site, the BrainCore brand, and associated content (logos, texts, videos, software, tests, NAD and QHP methodologies) are protected under Swiss and international law. You are granted a personal, non-exclusive, revocable license to use the Site. Any reproduction, distribution, unauthorized exploitation, or reverse engineering is prohibited.
9. User Content
You retain ownership of your content. You grant us a limited, non-exclusive license to host, store, and process such content solely for the operation and improvement of the service (including statistical anonymization).
Test data is never shared with third parties for commercial purposes. Any potential transmission to technical or research partners is strictly governed by contract and limited to scientific or technical purposes.
You warrant that you have the necessary rights. We may delete any manifestly unlawful content.
10. Personal Data
The processing of personal data is governed by our Privacy Policy, in compliance with Swiss LPD and EU GDPR. It specifies purposes, retention periods, recipients, international transfers, and your rights (access, rectification, deletion, objection, portability, restriction, withdrawal of consent).
Deletion of personal data may be requested at any time; this requires a written request to info@braincore.ch.
11. Security
We apply appropriate technical and organizational measures to protect your data. However, absolute security cannot be guaranteed.
12. Availability
The Services are provided “as is.” We do not guarantee uninterrupted availability. Interruptions may occur for maintenance, force majeure, or incidents.
13. Third-Party Links
We are not responsible for the content or operation of third-party sites accessible via links from our Site.
14. Commercial Terms
Access to certain Services may be subject to payment. Terms are defined in our General Terms and Conditions of Sale (GTCS), distinct from these ToU.
15. Term and Termination
The ToU are concluded for an indefinite term from first use. We may suspend or terminate an Account in case of violation of the ToU. You may delete your Account at any time. Deletion results in the immediate anonymization of test results and the permanent erasure of personal data within a maximum of 6 months, except where legal obligations require otherwise. Deletion can be requested at any time; the request must be made in writing to info@braincore.ch.
16. Warranties and Disclaimers
To the extent permitted by law, we disclaim any implied warranties not expressly provided for in these ToU. Tests are not guaranteed to be error-free or suited to any particular purpose.
17. Liability
17.1. We are not liable for indirect damages (loss of data, profit, or reputation) or damages resulting from misuse.
17.2. Liability cap: for paid Services, limited to the amounts paid in the 12 months preceding the damage; for free Services, limited to CHF 100.
17.3. These limits do not apply in cases of willful misconduct, gross negligence, or bodily injury.
17.4. When a third-party institution (school, company, organization) makes the Services available to its members, that institution remains solely responsible for the use and interpretation of results within its organization.
18. Force Majeure
Neither party is liable for failure caused by a force majeure event recognized under Swiss law.
19. Changes
We may amend these ToU. In case of a material change, Users will be notified at least 60 days before the effective date. Continued use of the Site after that date constitutes acceptance.
20. Governing Law and Jurisdiction
These ToU are governed by Swiss law. Any dispute falls under the exclusive jurisdiction of the courts of the canton of Valais (Monthey), subject to mandatory provisions applicable to European and international consumers.
21. Final Provisions
Partial nullity, assignment, notification methods (by email or Site publication). The ToU are drafted in French; in case of translation, only the French version is legally binding.
22. Contact
Publisher: Brain Core Sàrl — RC Valais: CHE-113.424.769 — Route de l’Île-au-Bois 3, 1870 Monthey (Switzerland).
E-mail: info@braincore.ch