Terms of use

§ 1 Scope and provider

1. These Terms govern the use of the NeuroScreen platform at neuroscreen.de, its programming interfaces and future NeuroScreen applications for mobile devices (together: the "Service").
2. The provider is Adam Koch, Weißensteinstr. 44, 58093 Hagen, Germany ("we"). Full details: Legal notice.
3. "User" means anyone who uses the Service. A consumer is any natural person who uses the Service for purposes that are predominantly outside their trade, business or profession.
4. We object to any conflicting terms of the User; such terms become part of the contract only if we expressly agree to them in text form.

§ 2 What the Service is — and what it expressly is not

1. NeuroScreen connects a consumer EEG headband with short films and presents the recorded brain signals as curves, measures and reports — over the User's own time course and compared with reference groups.
2. The Service is a wellness and research tool. It is not a medical device within the meaning of Regulation (EU) 2017/745 (MDR), is not intended for the diagnosis, prevention, monitoring, prediction, treatment or alleviation of disease, and must not be used for those purposes.
3. Results and reports are not a medical diagnosis and replace neither examination nor advice nor treatment by qualified medical professionals. They are information for self-observation and — only at the User's own discretion — a possible reason to seek medical advice.
4. Do not make decisions about medication, therapies or whether to seek or forgo medical help on the basis of these results. If you have health complaints, consult a doctor; in an emergency call the emergency number 112 (EU).
5. A meaningful result requires sufficient signal quality. The Service may reject a measurement or mark a result as not analysable.

§ 3 Technical requirements

1. For measurements you need: a compatible EEG headband (currently Muse by InteraXon), a browser supporting Web Bluetooth (currently current versions of Google Chrome or Microsoft Edge) and a stable internet connection.
2. The headband is not part of the Service; it is manufactured and sold by a third party. The respective manufacturer or seller alone is responsible for its function, availability and warranty.
3. We do not owe adaptation of the Service to devices or browsers that do not meet these requirements.

§ 4 Conclusion of contract, account and minimum age

1. The public pages can be used without an account. Measurements require an account. The user contract is concluded when registration is confirmed and runs for an indefinite period.
2. The Service is aimed at persons aged 18 and over. We reserve the right to lower this to 16 with the consent of a parent or guardian; the wording of the registration process is decisive.
3. Access data and sign-in links must be kept confidential and not passed on to third parties. Please notify us without delay if you suspect misuse.
4. One account per person is permitted. Profile details — in particular the year of birth — must be accurate, because they determine which comparison group applies. False details render results worthless and may lead to suspension.

§ 5 Charges

1. The Service is currently provided free of charge. This phase serves to build the comparison database.
2. We reserve the right to introduce paid features. Chargeable features will be clearly marked as such before use and will require a separate, express order. Features used free of charge will not retroactively become chargeable.

§ 6 User obligations

1. The Service may be used only in accordance with applicable law and these Terms. The following are prohibited in particular:
   • uploading unlawful or infringing content, or content glorifying violence or harmful to minors;
   • interfering with the Service, automated bulk retrieval, circumventing access or security measures, reverse engineering beyond the limits permitted by law;
   • generating or feeding in manipulated EEG data, data belonging to others, or data not measured by the User;
   • using the Service to study other people without their valid consent.
2. Measurements must be carried out in a safe environment — not while driving a vehicle, operating machinery or in situations that require attention.
3. People with light sensitivity or photosensitive epilepsy should seek medical advice before use; the films shown contain scene changes and changes in brightness.

§ 7 Your own films and user-generated content

1. You may upload your own films in order to create a private study from them. You warrant that you hold all necessary rights to the material — including rights to any music it contains — and that you respect the rights of people depicted.
2. You grant us a non-exclusive right, unlimited in territory and limited to the duration of storage, to use uploaded films as required to operate the Service (storage, conversion into playback formats, delivery to participants you invite). We acquire no further rights, in particular no right of publication.
3. Your own films are accessible privately or by invitation only; there is no public catalogue. Uploaded files are automatically scanned for malware before acceptance.
4. Your own films are not analysed for content: no scenes, faces or on-screen emotions are evaluated. Time markers are applied as an even grid.
5. Results from your own films do not feed into the normative database and are expressly labelled as an experiment, because the stimulus is not controlled.
6. If uploaded content infringes third-party rights, you shall indemnify us against justified third-party claims to the extent you are responsible for the infringement. We may remove infringing content.

§ 8 Shared sessions and participant panels

1. Joining a shared session constitutes consent to share the results of that session in line with the visibility displayed before joining. Consent applies per session and can be withdrawn.
2. Other participants' results are shown only as comparison curves with stated uncertainty. Individual feelings are not attributed to individual people at individual moments — a four-channel EEG cannot do that.
3. As the organiser of a panel you are obliged to inform participants truthfully about purpose and recipients and not to invite anyone without their consent. For commercially commissioned studies you are the controller under the GDPR and we act as processor on the basis of a separate agreement under Art. 28 GDPR, to be concluded before the study begins.
4. Invitation links are time-limited, can be revoked and confer no right to an account or to access recordings.

§ 9 Rights in the content of the Service

1. The software, films, marker lists, analysis methods, texts and design of the Service are protected by copyright. You receive a non-exclusive, non-transferable right to use them as intended for the term of the contract.
2. Downloading, reproducing or redistributing the films provided outside use within the Service is not permitted.
3. You may export your own measurement data and the reports generated from it at any time in a common, machine-readable format.

§ 10 Availability and changes to the Service

1. We aim for high availability but owe no specific availability during the free phase. Maintenance and faults may cause interruptions; we announce planned work where possible.
2. We may develop the Service further and change or discontinue individual features where this is reasonable for the User. We will give at least four weeks' notice of a complete discontinuation of the free Service; data export remains possible until then.
3. Published films and marker lists are versioned. If a version changes, completed sessions remain assigned to the previous version so that comparisons stay meaningful.

§ 11 Suspension and termination

1. You may terminate the contract at any time without notice by deleting your account or sending us a corresponding message. Deleting the account ends the contract.
2. We may terminate the contract by giving 14 days' notice. The right to terminate for good cause remains unaffected.
3. In the event of serious or repeated breaches of § 6 we may temporarily suspend access. We will inform you of the suspension and its reason, unless legal obstacles prevent this, and give you the opportunity to comment.
4. After the contract ends we delete your data in accordance with the Privacy Policy.

§ 12 Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent concealment of a defect, within the scope of any guarantee given, and under the German Product Liability Act.
2. In cases of slight negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the User may regularly rely — and limited to the foreseeable damage typical for this type of contract at the time it was concluded.
3. Liability is otherwise excluded. This does not involve any change in the burden of proof to the User's detriment.
4. We are not liable for damage arising because results of the Service are understood, contrary to § 2, as a medical statement or made the basis of health decisions.
5. Mandatory consumer protection provisions of the User's country of habitual residence remain unaffected.

§ 13 Data protection

How we process personal data is described in the Privacy Policy. EEG data is processed solely on the basis of the separate consent, which may be withdrawn at any time. Withdrawal does not affect the existence of this contract but means that measurements can no longer be carried out.

§ 14 Changes to these Terms

1. We may amend these Terms where this is necessary because of a change in the law, case law, technical circumstances or an extension of the range of services, and where the User is not thereby unreasonably disadvantaged.
2. We will notify changes in text form at least six weeks before they take effect. If you do not object before they take effect, the changes are deemed accepted; we will point this consequence out separately in the notification. If you object, either party may terminate the contract as of the date the changes take effect.
3. Every version carries a version number and a date of entry into force. We provide earlier versions on request.

§ 15 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the User is a consumer habitually resident in another EU Member State, mandatory consumer protection provisions of that State remain unaffected (Art. 6 Rome I Regulation).
2. If the User is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is our registered place of business.
3. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 (1) no. 1 German VSBG).
4. Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected; statutory provisions take the place of the invalid provision.

Consumers are additionally referred to their right of withdrawal.