Terms of Use Policy for BrainUp

Effective Date: July 11, 2025

1. Website Owner, Service, and Terms Description

This website and mobile application BrainUp (hereinafter – "the Service") are owned and operated by אלונה רסק'ן.

These Terms of Use (hereinafter – "the Terms") set forth the conditions under which you may use our website, mobile application, and the services we offer. The Service offers visitors comprehensive neuropsychological services, including work with developmental specifics, cognitive development programs, speech and language problems, individual courses, early development groups, proprietary developmental materials, and rehabilitation after organic brain injuries.

By accessing or using our Service's website or mobile application, you confirm that you have read, understood, and agree to these Terms.

2. Who May Use Your Website; Account Creation Requirements

To use our website, mobile application, and/or receive our services, you must be at least 18 years of age or the age of majority according to local law, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. If you are using the Service for a child, you confirm that you are their legal representative and bear full responsibility for compliance with the Terms. You may not use this website, mobile application, and/or receive services if prohibited in your country or under any applicable law or regulation.

3. Main Commercial Terms Offered to Clients

By purchasing services or goods through the BrainUp Service, you agree that: (i) you are responsible for reading the full description of the service or product before committing to purchase it; (ii) you enter into a legally binding contract to purchase the service or product when you commit to purchase it and complete the purchase and payment process.

The prices we charge for the use of our services/for our products are listed on the website and in the application. We reserve the right to change the prices of displayed goods and services at any time, and to correct pricing errors that may unintentionally occur. Additional information regarding prices and sales tax is available on the payment pages.

Service fees and any other payments that may arise in connection with your use of the service (e.g., subscriptions, individual courses), such as taxes and possible transaction fees, will be charged in accordance with the selected rate and payment terms specified at the time of order placement.

4. Return and Refund Policy

As BrainUp primarily offers services (individual and group sessions, courses) and digital/proprietary materials, the refund policy is determined by the specifics of these offerings.

For digital proprietary materials and individual courses for self-study at home, refunds are generally not provided after their delivery or commencement of use, unless otherwise agreed upon on an individual basis.

For group or individual sessions and subscriptions:

Cancellation of an appointment must be made no later than 24 hours prior to its start to retain the possibility of rescheduling or compensation.
Refunds for unused sessions are possible. The terms for refunds for unused sessions within a subscription or course are considered on an individual basis and depend on the reason for cancellation.

We strive for maximum client satisfaction and are prepared to review each case individually. Please contact us to discuss any questions related to refunds.

5. Reservation of Right to Change Offerings

We may, without prior notice, change the services; cease providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason or no reason.

6. Warranties and Liability for Services and Products

The BrainUp Service provides its services and products "as is" and "as available," without any warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We do not warrant that (i) the services will meet your specific requirements; (ii) the services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information, or other materials purchased or obtained by you through the service will meet your expectations; and (v) any errors in the operation of the service will be corrected.

To the maximum extent permitted by applicable law, in no event shall אלונה רסק'ן be liable for any indirect, punitive, incidental, special, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising in connection with the use of or inability to use the Service.

To the maximum extent permitted by applicable law, אלונה רסק'ן assumes no liability for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

7. Intellectual Property Rights, Copyrights, and Logos

The BrainUp Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, video, music, as well as all proprietary developmental materials and methodologies of BrainUp, and all related Intellectual Property Rights, are the exclusive property of אלונה רסק'ן. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.

8. Right to Suspend or Delete User Account

We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulation. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

9. Indemnification

You agree to indemnify and hold אלונה רסק'ן harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against them by any third party due to or arising out of or in connection with your use of the website, mobile application, or any of the services offered on the Service.

10. Limitation of Liability

11. Right to Change Terms

We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms, we will notify you that material changes have been made to the Terms. Your continued use of the Site, mobile application, or our Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website, mobile application, or the Service.

12. Promotional Emails and Content

You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other form you may provide to us (including your phone number for calls or text messages). If you do not wish to receive such promotional materials or notices, simply notify us at any time.

13. Governing Law and Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal laws of the State of Israel, without regard to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Petah Tikva. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

14. Customer Support and Contact Information

For support or to contact us with any questions, please use the following contact:

Email: brainup.israel@gmail.com

15. Provisions for Websites with User Communities

If your website or mobile application includes a user community, all users who join the community will have a public profile that is publicly visible to Service visitors, and their public activity (e.g., their posts or comments) will be visible to other Service visitors. A user can always opt out and leave the community, in which case their profile will no longer be public. Naturally, in such a case, the user will not be able to use community features (e.g., commenting or posting messages).