Terms of Service
Last Updated: December 1, 2023
Welcome to Frenalytics! Think Group Holdings, Inc. (“us”, “we”, or “our”) operates the Frenalytics website and application (the “Website”, “Service”, “Frenalytics”, “FrenalyticsMED”, “FrenalyticsEDU”, “Software”, the “Platform”).
We’ve made these Terms of Service easy to read, and we hope you’ll take the time to read it all. It informs you of our policies regarding your use of our Service and legal stipulations both you and We are governed by. You should also review our Privacy Policy to learn how we collect, process, and disclose your Personal Data. We may change these Terms of Service from time to time, and if we do, we will indicate so by updating the “Last Updated” date at the top of this agreement. By using the Service, you agree to all of the terms disclosed below, as well as those outlined in our Privacy Policy.
I. License
Frenalytics is a registered trademark of Think Group Holdings, Inc. The Frenalytics website, the Frenalytics platform, and all related services including the FrenalyticsMED and FrenalyticsEDU product names are owned and licensed by Think Group Holdings, Inc. We own the software and reserve all rights not expressly granted to our users. As a hospital, clinic, healthcare organization, or school (“Customer”, “Client”), Frenalytics licenses the limited, non-downloadable use of our software to your staff, patients, students, and family members of patients and students (collectively, “you”, “Users”) to use, pursuant to the terms in this agreement.
We may make future changes, updates and/or upgrades to Frenalytics. We reserve the right to do so at our own discretion. This license will also govern the use of these upgrades unless they are accompanied by a new and separate license.
II. Registration
On Frenalytics, users typically register other users. By creating a user account, you represent and warrant that all registration information you submit either of yourself or another user is truthful and accurate. By setting a password for your own user account and logging in for the first time, you agree to maintain the accuracy of such information entered by either another user or yourself.
We don’t allow users under the age of 13 to create an account with Frenalytics. If a user under the age of 13 (“Child”) is registered with Frenalytics as a patient or student, one of the following must occur:
- For members of a school or district, by agreeing to our Terms of Service and Privacy Policy at signup, you acknowledge that authorization granted by the school or district is based on parent consent to disclose Child’s data personal information as defined by the Family Educational Rights and Privacy Act (FERPA) and Children’s Online Privacy Protection Rule (COPPA). Please see our Privacy Policy for more information.
- The user who created a Child’s Frenalytics account must acknowledge consent by the Child’s parent or legal guardian.
By design, we do not collect dates of birth for non-patient and non-student users, and therefore do not knowingly or willingly collect Personal Data from users under the age of 13. In addition, we do not collect dates of birth at signup for our family offering of FrenalyticsMED and FrenalyticsEDU. Please see our Privacy Policy for more information.
III. “As Is” License
The Frenalytics application accompanying this Agreement and all affiliated materials, including documentation and information, is copyrighted.
Unless we have signed a duly executed agreement (such as a Business Associate Agreement, Data Privacy Addendum, or other services agreement) that contradicts the terms in this section, these Terms of Service include a Limitation on Liability Provision in which any Software under this Agreement is experimental and shall not create any obligation for Think Group Holdings, Inc. to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. We’re providing Frenalytics “as is” without any express or implied warranty of any kind including warranties of merchantability or fitness for any particular purpose. In no event shall Think Group Holdings, Inc. or any of its suppliers be liable for any damages (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the software, even if we have been advised of the possibility of such damages.
IV. Prohibited Use
You may not do any of the following while accessing or using the Services:
(a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Think Group Holdings, Inc. and/or its service providers;
(b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
(c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Think Group Holdings (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement;
(d) scrape the Services, or scrape Content (as defined below) from the Services;
(e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers;
(f) breach confidentiality of Personal Data or protected health information (PHI) as defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA);
(g) breach confidentiality of personally identifiable information (PII) as defined by the Family Educational Rights and Privacy Act (FERPA); or
(h) interfere with, or disrupt or attempt to interfere with or disrupt, the access of any User, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
If you discover a security breach related to the Services, you shall notify us promptly.
V. Intellectual Property
For purposes of this Agreement: (1) the term “Content” means any work of authorship and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features; (2) the term “User Content” is all Content that users of the Services (“Users”) create on, or upload to, their Accounts, such as code, text, images and other assets.
As between you and Think Group Holdings, Inc., you retain ownership of all intellectual property rights in your User Content, and Think Group Holdings, Inc. and/or its licensors retain ownership of all intellectual property rights in the Services and all Content made available through the Services other than your User Content. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Services, but you may perform these actions on your User Content in compliance with the terms of this Agreement.
As a User of the Services, you hereby grant to Think Group Holdings, Inc. a worldwide, non-exclusive, royalty-free, full-paid, irrevocable, perpetual, transferable, sublicensable right and license to download, copy, store, view, display, perform, and analyze the User Content for (1) purposes of operating and providing the Services and (2) Think Group Holdings, Inc.’s internal business purposes, including without limitation for analyzing usage of and improving our Services.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by User Content on this site, you or the user should send notification to our Designated Agent immediately. To be effective, the notification must:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Be signed in writing.
8. Be a written communication and sent to the following address:
Designated Agent for Claimed Infringement:
Contact: Frenalytics DMCA
E-mail Address: copyright@frenalytics.com
Phone: (516) 399-7170
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
VI. Feedback & Submission Policy
We welcome and encourage your suggestions for improvements to our Services. If you send us any feedback, ideas or other suggestions (“Suggestions”), you agree that:
(1) you hereby grant us a non-exclusive, perpetual, irrevocable, royalty free license to copy, distribute, adapt and use your Suggestion(s);
(2) none of your Suggestion(s) contain confidential or proprietary information of any third party;
(3) we may use or redistribute Suggestion(s) for any purpose and in any way;
(4) there is no obligation for us to review your Suggestion(s); and
(5) we have no obligation to keep any Suggestions confidential.
VII. Notice to California Residents
If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
VIII. Governing Law, Disputes
The Terms will be construed, and their performance enforced, under the laws of New York without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in Nassau County, New York for state court causes of action and in the District of New York for federal court causes of action. Each party waives any objection (on the grounds of lack of jurisdiction, forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts. We may assign the Terms, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
IV. Other
1. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
2. Governing Law
This site (excluding any linked sites) and our Service is controlled by us from our offices within the New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this site both of us agree that the statutes and laws of the State of New York will apply to all matters relating to the use of this site and the purchase of products and services available through this site. We both agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of New York with respect to such matters.
3. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
4. Medical Advice
Think Group Holdings, Inc. does not provide rehabilitation services and does not guarantee improvements in cognitive function through the use of Frenalytics. Any information provided by Frenalytics does not substitute for professional medical advice. We encourage you to consult with health professionals regarding any questions you may have before and while using Frenalytics.
5. Miscellaneous
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
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Sorry for SHOUTING earlier. Our lawyers told us we had to.
If you have any questions about these Terms of Service, please contact us:
- By email: info@frenalytics.com
- By phone: (516) 399-7170