BrainSpark

Last Updated: August 30, 2024

These Terms of Service (“Terms”) govern your access to and use of AMENDITY’s digital platforms, including websites, mobile applications, YouTube channels, podcasts, webinars, newsletters, social media platforms (such as Facebook, Instagram, Twitter, LinkedIn, TikTok), online forums, blogs, email communications, APIs, digital content delivery systems, and other current or future digital services, products, or content provided by AMENDITY (collectively referred to as “AMENDITY”). By accessing or using AMENDITY, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use AMENDITY.

1. Acceptance of Terms
By using AMENDITY, you agree to these Terms, AMENDITY’s Privacy Policy, and any additional terms and conditions that may apply to specific sections of AMENDITY or to products and services available through AMENDITY. These Terms constitute a legally binding agreement between you and AMENDITY.

2. Modifications to Terms
AMENDITY reserves the right to change these Terms at any time without prior notice. Changes will be effective immediately upon posting. Your continued use of AMENDITY following the posting of revised Terms signifies your acceptance of those changes. It is your responsibility to review these Terms regularly.

3. Eligibility
You must be at least 18 years of age or the legal age of majority in your jurisdiction to use AMENDITY. By using AMENDITY, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use AMENDITY.

4. Use of AMENDITY
You agree to use AMENDITY for lawful purposes only and in accordance with these Terms. You are responsible for ensuring that your use of AMENDITY complies with all applicable laws and regulations. You agree not to:

• Use AMENDITY in any way that violates any applicable federal, provincial, local, or international law or regulation.

• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of AMENDITY, or which, as determined by AMENDITY, may harm AMENDITY or users of AMENDITY.

• Impersonate or attempt to impersonate AMENDITY, an AMENDITY employee, another user, or any other person or entity.

• Use any device, software, or routine that interferes with the proper working of AMENDITY or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of AMENDITY.

5. User-Generated Content
AMENDITY may allow you to submit, post, or share content, including comments, reviews, articles, images, videos, and other materials (“User-Generated Content”). By submitting User-Generated Content, you grant AMENDITY a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform, publicly display, and otherwise exploit such User-Generated Content in any media or format now known or hereafter developed.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to submit User-Generated Content and to grant the license described above. You are solely responsible for your User-Generated Content and agree not to submit content that is illegal, infringing, defamatory, obscene, abusive, threatening, harassing, or otherwise objectionable, or that violates the rights of third parties.

6. Intellectual Property
AMENDITY and its original content, features, and functionality are and will remain the exclusive property of AMENDITY and its licensors. The content provided by AMENDITY is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use AMENDITY for personal, non-commercial use only. You may not copy, modify, distribute, sell, lease, rent, sublicense, or exploit any part of AMENDITY without AMENDITY’s prior written consent.

7. Third-Party Content and Links
AMENDITY may include links to third-party websites, products, or services. These links are provided for convenience and do not imply endorsement by AMENDITY. AMENDITY has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Your interactions with third parties are solely between you and the third party.

8. Privacy
Your use of AMENDITY is subject to AMENDITY’s Privacy Policy, which describes how we collect, use, and protect your personal information. By using AMENDITY, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

9. Disclaimer of Warranties
AMENDITY is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties that may arise from course of dealing, course of performance, or usage of trade. AMENDITY does not guarantee that the service will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

10. Limitation of Liability
To the fullest extent permitted by Canadian law, AMENDITY, its affiliates, and their respective employees, agents, licensors, service providers, and contractors shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages, including but not limited to lost profits, loss of data, or other intangible losses resulting from your use of or inability to use AMENDITY, even if AMENDITY has been advised of the possibility of such damages.

11. Indemnification
You agree to indemnify, defend, and hold harmless AMENDITY, its affiliates, and their respective officers, directors, employees, agents, licensors, suppliers, and contractors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to your use of AMENDITY, your violation of these Terms, or your violation of any rights of another.

12. Governing Law and Jurisdiction
These Terms and any disputes related to AMENDITY are governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within Canada for the resolution of any disputes arising out of or relating to these Terms or the use of AMENDITY.

13. Termination
AMENDITY reserves the right to suspend or terminate your access to AMENDITY, in whole or in part, at any time, for any reason, without notice. Upon termination, your right to use AMENDITY will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

15. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by AMENDITY, constitute the entire agreement between you and AMENDITY concerning your use of AMENDITY and supersede all prior agreements, understandings, or representations regarding your use of AMENDITY.

16. Contact Information
For any questions about these Terms or AMENDITY, please contact us at hello.amendity@gmail.com.